Legal Definitions - legal jointure

A legal jointure was a historical legal arrangement, primarily under English common law, where a man would settle specific property (often land or an income from land) upon his intended wife *before* their marriage. The primary purpose of this settlement was to provide for her financial support and maintenance *should she outlive him*. In exchange for this pre-arranged provision, the wife would legally give up her common law right to "dower," which was her automatic entitlement to a life interest in a portion (typically one-third) of her husband's real estate upon his death. Essentially, a jointure served as a pre-marital agreement to ensure a widow's support, replacing her traditional dower claim to a share of her husband's lands.

This concept is largely obsolete today, having been replaced by modern marital property laws, wills, and other estate planning tools.

• Example 1: The Baron's Provision
  Before marrying Lady Isabella in the 17th century, Baron Fitzwilliam executed a legal jointure. He formally conveyed the income from his smaller estate, Willowbrook Manor, to her. This agreement stipulated that if he were to die before her, Lady Isabella would receive all rents and profits from Willowbrook Manor for the remainder of her life. By accepting this jointure, Lady Isabella legally forfeited any future dower claim to Baron Fitzwilliam's much larger ancestral lands, ensuring they would pass undivided to his heirs.

  This example illustrates a legal jointure as a pre-marital settlement of property (income from an estate) intended to provide for the wife's support as a widow, while simultaneously barring her common law dower rights to other significant family holdings.

• Example 2: The Merchant's Guarantee
  In 18th-century London, Mr. Edward Sterling, a prosperous merchant, arranged a legal jointure for his fiancée, Miss Sarah Jenkins, prior to their wedding. He settled a specific townhouse in Mayfair and an annual annuity derived from his shipping ventures upon her. This jointure was explicitly designed to secure Miss Jenkins's financial independence if she became a widow, and it clearly stated that this provision replaced any dower rights she might otherwise have had to his other commercial properties or investments.

  Here, the jointure involves both real property (a townhouse) and an income stream (annuity) settled before marriage. It demonstrates how a jointure provided for a future widow's financial security and, in doing so, eliminated her automatic claim to a share of her husband's other assets.

• Example 3: Preserving the Estate
  The wealthy Montgomery family, in the early 19th century, was keen to ensure their vast ancestral estate, Blackwood Hall, remained intact and undivided through generations. When their son, Arthur, was to marry Miss Eleanor Vance, they arranged a legal jointure. A separate, smaller farm property known as "The Grange" was settled upon Eleanor. The agreement specified that if Arthur predeceased her, Eleanor would receive the full income and use of The Grange for her lifetime. Crucially, by accepting this jointure, Eleanor relinquished any dower claim she would have had to Blackwood Hall itself, thereby protecting the main estate from being fragmented.

  This example highlights the strategic use of a legal jointure by families to provide for a widow while simultaneously safeguarding the integrity of their primary estate by preventing dower claims on the most valuable properties.