INDEX. 5g3

DOWER—Continued.

10. The claim of a widow for dower, is a highly favored one, and with
respect to a devise accepted by her in lieu of it, she is by the terms of
the act of assembly, and by judicial decision, regarded as a purchaser
for a fair consideration. 16,

11. Where the widow had received ail assignment of her dower in lands,
by a court of competent jurisdiction, and the lands were subsequently
sold under a decree to satisfy the mortgage debt, it was HELD—That
this assignment did not deprive her of the rigtt to be provided for out
of the remaining estate of her husband. Ib.

13. The law intends to gives the widow one-third of the husband's real
estate by way of dower, and as a provision for her support, but she
takes it subject to liens created prior to the marriage, or to such
as she consents to after the marriage, in the mode pointed out by the
legislature, and she can take no more. Ib.

13. A partial failure of a devise to a widow who abides by the will, will
not entitle her to compensation out of the residue of the estate, unless
the failure is to such an extent as to make what she receives under
the will, less in value than her legal share of her husband's estate.
Thomas vs. Wood, 297.

14. When it is said in the act of 1798, ch. 101, sub. cb. 13, sec. 5, that a
widow, standing by the will of her husband, is to be considered as a
purchaser with a fair consideration, it cannot be meant, that she is so
to be regarded, whatever may be the extent of the devise to her. Ib.

15. But the sound and just rule must be, that she is to be considered a pur-
chaser of the devise, to the value of her share or legal right. Ib.

16. It having been decided that a widow was entitled to an allowance out
of the proceeds of sale of partnership lands, in lieu of dower, and the
husband having died in 1825, and the sale not having been made until
1845, it was HELD—That the age of the widow of the death of her hus-
band should be taken in fixing her allowance under the chancery rule.
Goodtmrn vs. Stevens, 420.

17. The right of a widow to dower in partnership property, is suspended
until the purposes of the partnership are accomplished by paying all
claims against it, and adjusting the accounts. She cannot, therefore,
claim rents and profits from the death of her husband. Ib.

18. Where a husband aliens land in his lifetime, in which the wife refuses
to relinquish her dower right, in assigning the wife a compensation in
money in lieu of her dower, the value of the land at the time of the
death of the husband is to be regarded, and not its value at the time of
the alienation, unless its increased value has arisen from the labor and
money of the alienee. Bmcie vs. Berry, 452.

19. The improved value of the land from which the widow is to be exclud-
ed in the assignment of her dower, as against a purchaser from her
husband, is that which has arisen from the active labor and money of
the owner, and not that which has arisen from extrinsic or general
causes. Ji>.

20. Where the husband holds only the equitable title and parts with it in
his lifetime, the widow shall not be allowed dower. Ib.