Also known as: dower rights · dower
Written by attorneys · grounded in primary & secondary sources — see below
A life estate in land that arises for the surviving spouse upon the death of a person who held an inheritable estate. The interest is measured as if the deceased spouse had held fee simple absolute. It remains subordinate to any executory interest, possibility of reverter, power of termination, or remainder that limited the deceased spouse's estate from the time of its creation.
Daphne Doyle held Blackacre under a deed creating a fee simple conditional. She died survived by her husband Dwight Dorsey. Dwight claims a life estate in the land. The court recognizes the life estate because the dower right attaches as if Daphne had held fee simple absolute, yet the interest yields to any executory interest or possibility of reverter that existed when the estate was created.
Dominic Drake received land under a deed creating a fee tail with a remainder in Delta Dynamics if the bloodline ended. Dominic died survived by his wife Deborah Dunn. Deborah asserts a life estate measured by dower principles. The court grants the life estate as if Dominic had held fee simple absolute, but the interest remains subordinate to the remainder held by Delta Dynamics.
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Yes. The surviving spouse receives a life estate measured as if the deceased had held fee simple absolute. The interest attaches because the fee tail is an inheritable estate. It remains subordinate to any remainder or executory interest created with the fee tail.
The dower life estate attaches but remains subordinate to the possibility of reverter. Subordination occurs because the reverter restricted the estate from the moment of its creation. The spouse's interest does not defeat or enlarge itself against the reverter.
No. The dower interest is expressly subordinate to any remainder limited upon the fee tail. The remainder takes precedence once the fee tail ends. Recognition of dower does not expand the spouse's rights beyond that subordination.
No. The spouse of an owner of an estate for life has neither dower nor curtesy in that land. Dower requires an inheritable estate in the deceased spouse.