altered this session. may be altered, varied, or repealed by any act or acts to be passed in the present session of Parliament. words in the act: Law of Bower. 3 & 4 WILL. IV. CAP. 105.—[Royal Assent, Aug. 29th, 1833.] An Act for the Amendment of the Law relating to Dower. Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the Meaning of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision or the context of the act shall exclude such construction, be interpreted as follows; that is to say the word "land" shall extend to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal (except such as are not liable to dower), and to any share thereof; and every word importing the singular number only shall extend and be applied to several persons or things as well as one person or thing. "Land." Number. Widows to be entitled to dower out of equitable estates. Seisin shall not Dower in Equity. 2. And be it further enacted, That when a husband shall die beneficially entitled to any land for an interest which shall not entitle his widow to dower out of the same at law, and such interest, whether wholly equitable, or partly legal and partly equitable shall be an estate of inheritance in possession, or equal to an estate of inheritance in possession, (other than an estate in joint tenancy), then his widow shall be entitled in equity to dower out of the same land. Seisin of Husband. 3. And be it further enacted, That when a husband shall have been entitled to a right of entry or action in any land, and his widow would be entitled to dower out of the same if he had recovered possession thereof, she shall be entitled to dower out of the same, although her husband shall not have recovered possession thereof; provided that such dower be sued for or obtained within the period during which such right of entry or action might be enforced. Alienation, Conditions, Satisfaction, &c., by Husband. 4. And be it further enacted, That no widow shall be entitled to dower out of any land which shall have been absolutely disposed of by her husband in his lifetime, or by his will. 5. And be it further enacted, That all partial estates and interests, and all charges created by any disposition or will of a husband, and all debts, incumbrances (a), contracts, and engagements to which his land shall be subject or liable, shall be valid and effectual as against the right of his widow to dower. 6. And be it further enacted, That a widow shall not be entitled to dower out of any land of her husband when in the deed by which such land was conveyed to him, or by any deed executed by him, it shall be declared that his widow shall not be entitled to dower out of such land. No dower out Priority to partial estates, charges, and specialty debts. Dower may be barred by a declaration in a deed; 7. And be it further enacted, That a widow shall not be entitled or by a declato dower out of any land of which her husband shall die wholly husband's will. ration in the or partially intestate, when by the will of her husband duly executed for the devise of freehold estate, he shall declare his intention that she shall not be entitled to dower out of such land, or out of any of his land. 8. And be it further enacted, That the right of a widow to dower shall be subject to any conditions, restrictions or directions which shall be declared by the will of her husband, duly executed as aforesaid. 9. And be it further enacted, That where a husband shall devise (6) any land out of which his widow would be entitled to dower if the same were not so devised, or any estate or interest therein, to or for the benefit of his widow, such widow shall not be entitled to dower out of or in any land of her said husband, unless a contrary intention shall be declared by his will. (a) Quære Judgments, vide 1 & 2 Vict. c. 110. (b) Marston v. Roe, 2 Nev. & P. 504; 8 Ad. & Ell. 14. Dower may be subject to restrictions. Devise of real estate to the widow shall bar her dower unless &c. Bequest of personal estate to the widow shall not bar her dower unless &c. Agreement not to bar dower may be enforced. Legacies in bar of dower still entitled to preference. Certain dowers abolished. Act not to take 10. And be it further enacted, That no gift or bequest made by any husband to or for the benefit of his widow of or out of his personal estate, or of or out of any of his land not liable to dower, shall defeat or prejudice her right to dower, unless a contrary intention shall be declared by his will. Agreement not to bar Dower. 11. Provided always, and be it further enacted, That nothing in this act contained shall prevent any court of equity from enforcing any covenant or agreement entered into by or on the part of any husband not to bar the right of his widow to dower out of his lands, or any of them. Priority of Legacies in Lieu of Dower. 12. And be it further enacted, That nothing in this act contained shall interfere with any rule of equity, or of any ecclesiastical court, by which legacies bequeathed to widows in satisfaction of dower are entitled to priority over other legacies. Bower ad ostium &c. abolished. 13. And be it further enacted, That no widow shall hereafter be entitled to dower ad ostium ecclesiæ, or dower ex assensu patris. Saving and Restraining Clause. 14. And be it further enacted, That this act shall not extend to the dower of any widow who shall have been or shall be married on or before the first day of January one thousand eight hundred and thirtyfour, and shall not give to any will, deed, contract, engagement, or charge executed, entered into, or created before the said first day of January, one thousand eight hundred and thirty-four, the effect of defeating or prejudicing any right to dower. Law of Enheritance. 3 & 4 WILL. IV. CAP. 106.-[Royal Assent, Aug. 29th, 1833.] An Act for the Amendment of the Law of Inheritance. Definitions. words in the act: Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that the words and expressions hereinafter mentioned, which in their ordinary signification have a more confined or a different meaning, shall in this act, except where the nature of the provision Meaning of the or the context of the act shall exclude such construction, be interpreted as follows: (that is to say), the word "land" shall extend "Land." to manors, advowsons, messuages, and all other hereditaments, whether corporeal or incorporeal, and whether freehold or copyhold, or of any other tenure, and whether descendible according to the common law or according to the custom of gavelkind or boroughEnglish, or any other custom, and to money to be laid out in the purchase of land, and to chattels and other personal property transmissible to heirs, and also to any share of the same hereditaments and properties or any of them, and to any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, and to any possibility, right, or title, of entry or action, and any other interest capable of being inherited, and whether the same estates, possibilities, rights, titles and interest, or any of them, shall be in possession, reversion, remainder, or contingency; and the words "the "The purpurchaser" shall mean the person who last acquired the land otherwise than by descent, or than by any escheat, partition, or inclosure by the effect of which the land shall have become part of or descendible in the same manner as other land acquired by descent; and the word "descent" shall mean the title to inherit land by reason of "Descent." consanguinity, as well where the heir shall be an ancestor or collateral relation, as where he shall be a child or other issue, and the expression "descendants" of any ancestor shall extend to all "Descendpersons who must trace their descent through such ancestor; and the expression "the persons last entitled to land" shall extend to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof; and the word "assurance" shall mean any deed or instrument "Assurance." chaser. ants. "Person last entitled." Number and gender. Descent shall always be traced from the purchaser, but the last owner shall be con sidered to be unless the (other than a will) by which any land shall be conveyed or trans- Descent-Root of. 2. And be it further enacted, That in every case descent shall be traced from the purchaser (a); and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land shall, for the purposes of this act, be considered to have been the the purchaser purchaser thereof unless it shall be proved that he inherited the same, in which case the person from whom he inherited the same shall be considered to have been the purchaser unless it shall be proved that he inherited the same; and in like manner the last person from whom the land shall be proved to have been inherited shall in every case be considered to have been the purchaser, unless it shall be proved that he inherited the same. contrary be proved. Heir entitled under a will shall take as devisee, and a limitation to the grantor or his heirs shall create an estate by purchase. Where heirs take by purchase under limitations to Bebise to Heir-Limitation to Grantor, &c. 3. And be it further enacted, That when any land shall have been devised, by any testator who shall die after the thirty-first day of December, one thousand eight hundred and thirty-three, to the heir or to the person who shall be the heir of such testator, such heir shall be considered to have acquired the land as a devisee, and not by descent; and when any land shall have been limited, by any assurance executed after the said thirty-first day of December, one thousand eight hundred and thirty-three, to the person or to the heirs of the person who shall thereby have conveyed the same land, such person shall be considered to have acquired the same as a purchaser by virtue of such assurance, and shall not be considered to be entitled thereto as his former estate or part thereof. Limitation to Peirs, as Purchasers. 4. And be it further enacted, That when any person shall have acquired any land by purchase under a limitation to the heirs or to the heirs of the body of any of his ancestors, contained in an assurance (a) Doe v. Blackburn, 1 Moo, & Rob. 547. 1 |