Simple English definitions for legal terms
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A consummate dower is a legal term that refers to a wife's right to a life estate in one-third of the land that her husband owned in fee upon his death. This means that the wife has the right to use and enjoy the land for the rest of her life, even if her husband has passed away. In most cases, the wife cannot be deprived of this right by any transfer made by her husband during his lifetime. Although many states have abolished dower, some still retain the concept and have expanded the wife's share to a life estate in all the land that her husband owned in fee.
Definition: Consummate dower refers to a wife's right, according to common law, to a life estate in one-third of the land that her husband owned in fee after his death. This means that the wife has the right to use and enjoy one-third of her husband's land for the rest of her life.
For example, if a husband owned a farm worth $300,000 and he died, his wife would have the right to use and enjoy one-third of the farm, which would be worth $100,000. She could live on the farm, rent it out, or sell her right to use it to someone else.
Although most states have abolished dower, some states still retain the concept but have expanded the wife's share to a life estate in all the land that her husband owned in fee. This means that the wife would have the right to use and enjoy all of her husband's land for the rest of her life.
Example: In some states, if a husband owns a house and dies, his wife would have the right to live in the house for the rest of her life, even if the husband had children from a previous marriage who would inherit the house after the wife's death. This is an example of consummate dower, where the wife has the right to use and enjoy the property for the rest of her life.