Also known as: dower interests · dower right · widow's dower
Written by attorneys · grounded in primary & secondary sources — see below
A life estate in a fractional share of land that arises by operation of law in favor of the surviving spouse upon the death of the owner. The interest is measured as though the deceased spouse had held a fee simple absolute but remains subordinate to any remainder, executory interest, possibility of reverter, or power of termination that restricted the deceased spouse's estate.
Dustin Donovan held Greenacre under a deed creating a fee simple conditional. After his death his surviving spouse Destiny Davis petitioned to enforce a dower life estate against the land. The court recognized her interest as equivalent to dower in fee simple absolute yet expressly subject to the executory interest that had limited Dustin's original estate.
Diego Duarte received Blackacre under a conveyance to him and the heirs of his body with a remainder in Deborah Dunn if the line failed. After Diego's death his widow Danielle Dixon sought to lease a portion of the land. The court awarded her a dower life interest measured as in fee simple but held that the interest yielded to Deborah's remainder.
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Denise Donovan held a fee tail estate limited to her lifetime only, subject to a possibility of reverter in Dover Bank if professional use ceased. After her death her surviving spouse Dustin Donovan asserted dower. The court granted the dower life interest measured as in fee simple but confirmed it remained subordinate to the bank's possibility of reverter.
Destiny Davis obtained a divorce from Dustin Donovan in one state while he owned land in another. After his death she claimed dower in the out-of-state parcel. The court examined whether the divorce decree extinguished her dower right under the law of the situs.
Yes. The surviving spouse receives the same dower interest as if the deceased had held fee simple absolute, subject only to the future interests that already limited the fee tail estate.
No. The dower interest is expressly subordinate to any remainder limited upon the fee tail estate.
The dower interest remains subordinate to that executory interest or possibility of reverter, so the future interest takes subject to the dower only until the limiting condition occurs.
No. The dower interest is subordinate to any power of termination that restricted the deceased spouse's estate, allowing the power to cut off the dower if the condition is breached.
…his nonresident wife was served by publication only and did not make a personal appearance, unconstitutionally extinguished her dower right in his Florida estate. The petitioner and Sol Simons were domiciled in New York when, in 1946, she obtained a New York separation decree that included an award of monthly alimony. Sol…