Legal Definitions - admensuratione dotis

Admensuratione dotis is a historical legal term that refers to the process of determining and assigning a widow's rightful share of her deceased husband's real estate.

In many historical legal systems, a widow was entitled to a portion of her husband's land (known as "dower") for her support during her lifetime. Admensuratione dotis was the legal procedure used to measure, value, and set aside this specific portion, ensuring the widow received her due share, which was often one-third of the property.

• Example 1: Dividing a Family Farm

  Imagine a farmer in the 18th century who passes away, leaving behind his widow and several adult children. He owned a large tract of farmland that was the family's primary asset. The widow asserts her right to dower, meaning she is entitled to a portion of the land for her lifetime support.

  An admensuratione dotis proceeding would be initiated by a court. This process would involve physically surveying and dividing the farmland, assigning a specific one-third portion of the land to the widow for her use during her lifetime. The remaining two-thirds would then pass to the children according to the will or laws of inheritance.

  This example illustrates how admensuratione dotis involved the literal "measurement" and physical division of real estate to satisfy a widow's dower claim.

• Example 2: Allocating Shares from Multiple Properties

  Consider a wealthy landowner who dies, owning not just a family estate but also several rental houses in town and undeveloped land in the countryside. His will leaves everything to his children, but his widow claims her dower rights, which traditionally apply to all real estate owned by the husband during the marriage.

  An admensuratione dotis process would be necessary to determine which specific properties, or what equivalent value from the estate, should be allocated to the widow as her dower. The court might appoint appraisers to value all the real estate and then decide how to best satisfy the widow's one-third share. This could involve assigning her ownership of one of the rental houses, or a life interest in a portion of the family estate, rather than attempting to physically divide every single property.

  Here, admensuratione dotis applies to the complex valuation and allocation of dower across diverse real estate holdings, ensuring the widow receives her proportional share even when physical division of every asset isn't practical.

• Example 3: Resolving Disputes Among Heirs

  Suppose a man dies without a will (intestate), leaving a widow and a brother who believes he should inherit all the land. The brother disputes the widow's claim to any portion of the property, arguing that she has no legal right to it.

  The widow would petition the court for an admensuratione dotis. In this scenario, the court would first legally establish her right to dower, overriding the brother's objections. Then, it would proceed to formally identify, measure, and set aside her one-third share of the deceased husband's real estate, ensuring her entitlement is legally recognized and physically provided despite the dispute.

  This example highlights the legal process aspect of admensuratione dotis, where a court formally intervenes to define and enforce the widow's dower rights against competing claims, ensuring her entitlement is legally recognized and physically provided.