Legal Definitions - dowable

Dowable is a legal term primarily associated with the historical concept of dower. Dower was a common law right that entitled a widow to a life estate in a portion (typically one-third) of the real property owned by her husband during their marriage. This right provided for the widow's support after her husband's death. While dower has largely been abolished or replaced by modern statutory elective share rights in many jurisdictions, the term "dowable" may still appear in historical legal contexts or in discussions of property law where dower rights once applied.

The term "dowable" can refer to two distinct aspects:

• 1. Referring to Property: When applied to property, "dowable" describes real estate that is eligible to be subject to a widow's dower right.

  • Example 1: Mr. Henderson owned a large tract of farmland throughout his marriage to Mrs. Henderson. Upon his death, this farmland was considered dowable, meaning it was the type of property from which Mrs. Henderson could potentially claim her dower share.

    Explanation: This example illustrates that the farmland itself possessed the characteristics (e.g., being real property owned by the husband during marriage) that made it eligible for a dower claim by his widow.

  • Example 2: A historic mansion, which a husband purchased and held title to during his marriage, would be considered a dowable asset. This means that, under the laws of dower, a portion of the mansion's use and income could be allocated to his surviving wife.

    Explanation: Here, the mansion is the property that qualifies for dower, indicating its eligibility to be set aside for the widow's benefit.

• 2. Referring to a Person: When applied to a person, "dowable" describes a widow who has the legal right to claim dower from her deceased husband's estate.

  • Example 1: After her husband's passing, Mrs. Rodriguez was deemed dowable of the family's primary residence, as she was his legal wife and the property met the criteria for dower. This meant she had a right to a life interest in a portion of that home.

    Explanation: This example shows that Mrs. Rodriguez, as the surviving spouse, possessed the legal standing to claim dower from her husband's real estate.

  • Example 2: In a will dispute from the 19th century, the court ruled that the deceased's second wife was dowable of the lands her husband acquired during their marriage, despite claims from his children from a previous marriage. The court recognized her legal right to a dower share.

    Explanation: This illustrates that the second wife was the individual legally entitled to receive dower from the specified property, confirming her status as a "dowable" person in relation to that estate.