Legal Definitions - assign dower

Assign dower refers to the legal process of formally identifying and designating a specific portion of a deceased husband's real estate (such as land or buildings) that his widow is legally entitled to receive for her use during her lifetime. This process ensures that the widow's historical right to support from her husband's property is legally recognized and physically separated from the rest of the estate. It's important to note that dower rights have been abolished or significantly altered in many modern legal systems, often replaced by other spousal inheritance rights.

• Example 1: Historical Estate Division

  Imagine a scenario in the 19th century where a farmer named Thomas dies, leaving behind a large agricultural estate and his wife, Eleanor. Under the laws of the time, Eleanor has a right to dower, meaning she is entitled to a portion of the land for her lifetime support, even if Thomas's will leaves the entire farm to his sons.

  In this case, the court would "assign dower" by formally surveying and legally designating a specific section of the farm—perhaps a particular dwelling house and a certain number of acres—that Eleanor would have the exclusive right to use and live on for the remainder of her life. This portion would then be legally separated from the land inherited by the sons, ensuring her financial security.

• Example 2: Modern Application in Specific Jurisdictions

  In a few U.S. states, like Arkansas, dower rights still exist in some form. Consider Mr. Henderson, who passes away without a will, owning several commercial rental properties. His widow, Mrs. Henderson, claims her dower interest as provided by state law.

  The probate court would then need to "assign dower" to Mrs. Henderson. This might involve legally designating one of the rental properties, or a specific portion of the income generated by them, as her lifetime interest. This formal assignment ensures she receives her statutory share of support from her husband's real estate, as defined by the state's dower laws.

• Example 3: Settlement Agreement for Dower Rights

  A wealthy landowner dies, and his will is contested by his widow, who asserts her dower rights over a vast estate that includes multiple properties and significant landholdings. To avoid a prolonged and costly court battle, the heirs and the widow decide to reach an amicable settlement.

  As part of their agreement, they might formally "assign dower" by stipulating that the widow will receive the lifetime use of a specific vacation home and its surrounding acreage, rather than a fractional interest spread across the entire estate. This agreement, once legally recorded, formally assigns her dower interest to that particular, clearly defined property, resolving the claim without further litigation.