Also known as: dower land · dower
Written by attorneys · grounded in primary & secondary sources — see below
Lands in which a surviving spouse holds a life estate arising by operation of law upon the death of the owning spouse. The interest is measured as though the deceased spouse had held a fee simple absolute but remains subordinate to any remainder, executory interest, possibility of reverter, or power of termination that limited the deceased spouse's estate.
Diego Duarte conveyed Blackacre to his son Darius Dixon in fee simple conditional. Darius died survived by his spouse Denise Donovan. Denise claims a life estate in one-third of the land. The court recognizes her dower interest measured as in fee simple absolute but subordinates it to any executory interest or possibility of reverter that limited Darius's estate.
An ancestor conveyed Greenacre to Diane Dawson and the heirs of her body with a remainder in Dover Bank if the line ended. Diane died survived by her spouse Deanna Davenport. Deanna asserts a life estate in the land. The court awards her a dower-type life interest measured as in fee simple but subordinates it to the remainder in Dover Bank.
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Dorothy Daniels held title to a broadcast campus under a family deed creating a fee tail with an executory interest in Mountain Publishing if the land left the bloodline. Dorothy died survived by her spouse Darius Dixon. Darius seeks recognition of a life estate. The court treats the interest as dower equivalent to fee simple but finds it subordinate to the executory interest.
Yes. The surviving spouse receives a dower-type life interest measured as though the deceased had held a fee simple absolute, though the interest remains subordinate to any remainder, executory interest, possibility of reverter, or power of termination that limited the fee tail.
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The surviving spouse's dower interest is subordinate to the possibility of reverter. The interest is measured as in fee simple but yields to the reverter once the limiting condition occurs.
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The dower interest is subordinate to any executory interest that restricted the deceased spouse's estate. Recognition of the life estate does not defeat or enlarge the executory interest.
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No. The spouse of an owner of an estate for life has neither dower nor curtesy in the land.
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…position. Compare Gilson v. Hutchinson , 120 Mass. 27, 28 (1876) (conveyance to a trustee to defraud spouse of her right to dower, invalid), and Brownell v. Briggs , 173 Mass. 529, 533 (1899) (conveyance to trustee to deprive wife of rights in the husband’s property at his death, invalid), with Leonard v. Leonard ,…