Also known as: dower interests · dower right · widow's dower
Written by attorneys — see sources 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.
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.
The parties were married in 1937 and lived together in New York until 1942 when the husband left the wife. There was no issue of the marriage. In 1943 she brought an action against him for a separation. He entered a general appearance. The court, finding that he had abandoned her, granted her a decree of separation and awarded her $180 per month as permanent alimony. In January 1944 he went to Nevada where in 1945 he instituted an action for divorce. She was notified of the action by constructive service but entered no appearance in it. In May, 1945, the Nevada court, finding that petitioner had been a bona fide resident of Nevada since January 30, 1944, granted him an absolute divorce on the ground of three years continual separation, without cohabitation. The Nevada decree made no provision for alimony, though the Nevada court had been advised of the New York decree. Prior to that time petitioner had made payments of alimony under the New York decree. After entry of the Nevada decree he ceased paying. Thereupon respondent sued in New York for a supplementary judgment for the amount of the arrears. Petitioner appeared in the action and moved to eliminate the alimony provisions of the separation decree by reason of the Nevada decree. The Supreme Court denied the motion and granted respondent judgment for the arrears. The judgment was affirmed by the Appellate Division and then by the Court of Appeals. This case is here on certiorari to the Court of Appeals of New York.
View caseYes. 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…