SPANGLER AND CARROLL VS. STANLER. 37

containing covenants on the part of the lessor, to convey the
fee simple to the lessees, their executors, administrators or as-
signs, when requested so to do. ]

THE CHANCELLOR :

Notwithstanding the ingenuity and research displayed by the
counsel of the complainants in these cases, the Chancellor thinks,
they are not entitled to the relief prayed by their bills.

They ask for an assignment of dower, and an account of
rents and profits from the deaths of the respective husbands of
the complainants, until the dower shall be assigned, and as the
title of the husbands is disputed, it is not clear, that it might
not be proper to put the complainants to the establishment of
it at law, before granting the relief asked for. Wells et ux vs.
Wells, 2 Gill and Johns., 468.

These complainants' husbands were not clothed with such
estates, in the lands out of which the dower is claimed, as to
justify his granting relief.

They both held under deeds executed to them by Richardson
Stewart in the year 1841, these deeds were simply leases, for
ninety-nine years renewable forever, executed upon the consid-
eration of three hundred dollars paid lessor, and an engagement
on the part of the lessees, to pay a nominal annual rent if de-
manded. The habendum is to the lessees, their executors, ad-
ministrators and assigns, and the covenants to be performed on
their part, bind them and their personal representatives.

The whole frame of the deeds, stamps them as a lease, and
as such, passing merely chattel interests in the property em-
braced in them, which, upon the death of the grantees, would
devolve upon their personal representatives, and indeed it ap-
pears upon the face of the bill filed by Elizabeth Can-oil, that,
so far as regards the land out of which she claims dower, the
defendant holds under a purchase, made of the personal repre-
sentative of the intermediate assignee of the lease from Stew-
art, to her husband.

But in order to make out a claim to dower, it is necessary to
show, that the deceased husband was seized of an estate of in-