Also known as:estates of dower · dower estate · dower
Written by attorneys · grounded in primary & secondary sources — see below
A life estate in one third of the lands of which the deceased spouse was seised in fee simple or fee tail during the marriage. The interest attaches upon the death of the owning spouse and is measured as though the decedent had held fee simple absolute, subject only to any executory interest, possibility of reverter, or power of termination that restricted the decedent's estate and remains undestroyed.
Sources & Authorities
How it applies
Common Examples
3
Spouse Claims Dower in Conditional Fee
Esme Ellington received land through a deed conveying it to her and the heirs of her body, provided that if the land ever left the direct line of descendants an executory interest would vest in Emerald Enterprises. Esme died still holding the land. Her surviving spouse Enzo Eastwood petitions the court for recognition of a life estate measured as though Esme had held fee simple absolute. The court grants the life estate but holds it subordinate to Emerald Enterprises' executory interest.
Surviving Spouse Asserts Interest in Fee Tail
Elena Estrada held coastal land under a deed granting a fee tail estate for her lifetime only, followed by a remainder in her daughter and an executory interest in Eclipse Manufacturing if commercial use ceased. Elena died while the land remained in active use. Her surviving spouse Elliot Edmonds seeks a life estate calculated as though Elena had held fee simple absolute. The court recognizes the life estate but subordinates it to the remainder and executory interest.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Restatements
Study Supplements
Widow Seeks Recognition Against Future Interest
Emmett Egan died owning a test track conveyed to him and his bodily heirs, subject to a possibility of reverter in the founding family if automotive testing ceased. The track remained in continuous use at his death. His surviving spouse Eric Espinoza petitions for a life interest measured as though Emmett had held fee simple absolute. The court grants the life estate but confirms it remains subordinate to the possibility of reverter.
Sullivan v. Burkin390 Mass. 864, 867, 460 N.E.2d 572 (1984)
Common questions
Frequently Asked
3
Does dower attach when the decedent held only a defeasible fee or fee tail?+
Yes. The surviving spouse receives the same dower interest as if the decedent had held fee simple absolute, provided the estate had not already been divested before death.
What happens to dower when an executory interest or possibility of reverter restricts the decedent's estate?+
The dower interest is subordinate to any such executory interest, possibility of reverter, or power of termination that restricted the decedent's estate and has not been destroyed.
Can a surviving spouse claim dower in land the decedent held only for life?+
No. Dower requires the decedent to have been seised of an inheritable estate such as fee simple or fee tail during the marriage.
390 Mass. 864, 460 N.E.2d 572 (1984)Wills Trusts and Estates
…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 ,…