Legal Definitions - de dote assignanda

The term de dote assignanda refers to a historical legal writ used in English law. It was a formal order issued by the Crown to a royal official, known as an escheater, instructing them to allocate a widow her rightful dower.

Dower was a common law right that entitled a widow to a life interest in a portion (typically one-third) of the real estate owned by her deceased husband. This particular writ was specifically applicable when the husband had held his land directly from the Crown, meaning he was a "tenant-in-chief" of the monarch. Its purpose was to ensure that the widow received her legal share of the estate for her sustenance after her husband's death.

Here are some examples illustrating the application of de dote assignanda:

• Imagine Sir Reginald, a knight who held his manor directly from the King in exchange for military service, tragically dies in a skirmish. His widow, Lady Eleanor, is left without direct means of support. To ensure she receives her legal entitlement to a portion of Sir Reginald's lands for her lifetime, she would petition the Crown. Upon approval, a writ of de dote assignanda would be issued to the local royal escheater, compelling that official to survey Sir Reginald's estate and formally assign Lady Eleanor her dower portion.

• Consider Lord Alistair, a powerful baron who held several large estates directly from the monarch. When Lord Alistair passes away, his widow, Lady Isabella, needs to secure her financial future. Since her husband's lands were held directly from the Crown, the process for assigning her dower would involve the issuance of a de dote assignanda writ. This writ would direct the royal escheater responsible for Lord Alistair's territories to identify and formally allocate Lady Isabella her one-third life interest in the baronial estates, ensuring her income and residence.

• Suppose a minor noble, Master Thomas, was granted a small parcel of land directly by the King as a reward for administrative service. After Master Thomas's death, his widow, Mistress Catherine, seeks to claim her dower. Because Master Thomas was a direct tenant of the Crown, the formal mechanism for Mistress Catherine to receive her dower would involve the Crown issuing a de dote assignanda writ. This writ would instruct the appropriate royal escheater to oversee the assignment of Mistress Catherine's dower from the land Master Thomas held, thereby legally securing her portion of the estate.