Also known as: named dowers · dower
Written by attorneys · grounded in primary & secondary sources — see below
A historical designation of specific lands made at the time of marriage to serve as the surviving spouse's life estate in the event of widowhood. The designation occurred during the marriage ceremony when the bride's family and the groom selected particular property for that purpose. This form of dower later gave way to an unnamed fractional share of all lands the husband held during the marriage.
Nyah Ndlovu and Nathaniel Newman married after Nyah's family and Nathaniel selected Blackacre as her named dower during the ceremony. Nathaniel later acquired Blackacre in fee simple conditional. When Nathaniel died, Nyah claimed her life estate in the designated parcel. The court recognized the interest as equivalent to one arising from fee simple absolute but subordinate to any executory interest that had restricted Nathaniel's estate.
Nicole Navarro and Neil Nair designated Whiteacre as Nicole's named dower at their wedding. Neil later held Whiteacre in fee tail. After Neil's death, Nicole asserted her life estate in the named parcel. The court granted the interest measured as if Neil had held fee simple absolute yet held it subordinate to the remainder limited on the fee tail.
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Nestor Navarro and Nikhil Narayan named Greenacre as Nestor's dower at marriage. Nikhil later placed the parcel in an inter vivos trust. Upon Nikhil's death, Nestor sought recognition of the named dower life estate. The court treated the designated land as subject to the same spousal protections that apply to owned assets under the governing rule.
Named dower arose when the bride's family and groom selected specific lands during the marriage ceremony to serve as the widow's life estate. Unnamed dower later expanded to cover a one-third share of all real property the husband held during the marriage. The named form fixed the property at the outset while the unnamed form applied to the entire estate.
Supporting sources
Yes. The surviving spouse receives the same dower interest as if the deceased had held fee simple absolute. That interest remains subordinate to any remainder, executory interest, possibility of reverter, or power of termination that limited the fee tail.
The surviving spouse receives the same dower interest as if the deceased had held fee simple absolute. The interest is subordinate to any executory interest, possibility of reverter, or power of termination that restricted the conditional estate and was not destroyed by the deceased's transfer.
No. The spouse of an owner of an estate for life has neither dower nor curtesy in the land subject to that life estate.
…position. Compare Gilson v. Hutchinson , 120 Mass. 27, 28 (1876) (conveyance to a trustee to defraud spouse of her right to dower, invalid), and Brownell v. Briggs , 173 Mass. 529, 533 (1899) (conveyance to trustee to deprive wife of rights in the husband’s property at his death, invalid), with Leonard v. Leonard ,…