Legal Definitions - sur cui in vita

The Latin phrase sur cui in vita refers to a historical legal action that allowed a widow to reclaim land that her husband had transferred to another person during his lifetime, without her agreement, and which she was legally entitled to inherit or use as part of her dower rights after his death. It was a way for a widow to assert her claim to property that she believed was rightfully hers, despite her husband's prior transaction.

In essence, this action was a legal remedy for a widow to recover her dower interest (a life estate in a portion of her deceased husband's real property) from someone who had acquired the land from her husband while he was still alive, and without her consent to that transfer.

• Example 1: John owned a large estate. During his lifetime, he secretly sold a significant portion of his land to a developer without his wife, Mary, ever agreeing to the sale or signing any documents. After John's death, Mary discovered the transaction. She could initiate a sur cui in vita action to recover her dower interest in the land that John had sold, arguing that her consent was required for such a transfer and that her rights were violated.

  This example illustrates how Mary, as the widow, uses the action to reclaim her rightful share of property that her husband alienated (transferred) to a third party during his life without her knowledge or consent, thereby protecting her dower rights.

• Example 2: A wealthy landowner, Mr. Smith, gifted a valuable piece of property to his nephew during his lifetime, intending it as an early inheritance. His wife, Mrs. Smith, was never consulted about this gift and did not approve of it. Upon Mr. Smith's passing, Mrs. Smith realized that this gift significantly diminished the estate from which her dower would be calculated. She could pursue a sur cui in vita claim against the nephew to assert her dower rights over the gifted property.

  This example demonstrates the application of the action when a husband's transfer of property, even as a gift, bypasses the wife's dower rights, allowing her to seek recovery from the recipient of the gift.

• Example 3: Facing financial difficulties, a farmer, Mr. Jones, mortgaged a substantial part of his farm to a bank without his wife's, Mrs. Jones', knowledge or signature. When Mr. Jones died, the bank foreclosed on the property. Mrs. Jones could then bring a sur cui in vita action against the bank to claim her dower interest in the foreclosed land, asserting that the mortgage was invalid as far as her dower rights were concerned because she had not consented to it.

  This example shows the action being used against a financial institution that acquired an interest in the property (through a mortgage and subsequent foreclosure) from the husband alone, highlighting the widow's ability to protect her dower against such encumbrances.