| Mass. | Sep 15, 1867
The statute of uses, modifying the common law of England, allowed dower to be barred by a jointure, made before marriage, of a freehold estate, for the wife’s life at least, to take effect immediately upon the husband’s death; but provided that no jointure made during coverture, except by act of parliament, should prevent her from electing upon the death of her husband to claim her dower; and did not permit dower to be barred by a collateral satisfaction, consisting of money or other chattel interests. St. 27 Hen. VIII. c. 10, §§ 6, 9. Britton, (ed. 1865,) vol. L, pp. xli., xlii. & notes ; vol. II., pp. 237 note, 240, Bac. Ab. Jointure. 4 Kent Com. (6th ed.) 54 et seq. These provisions of the statute of uses were part of our common law. Hastings v. Dickinson, 7 Mass. 153" court="Mass." date_filed="1810-10-15" href="https://app.midpage.ai/document/hastings-v-dickinson-6403621?utm_source=webapp" opinion_id="6403621">7 Mass. 153. They have
It follows that the submission and award and the subsequent transactions, of which evidence was offered at the trial, did not deprive Mrs. Hubbard of the right to claim her dower after her husband’s death. That right was an existing incumbrance, which was a breach of the covenant against incumbrances in the defendant’s deed. Shearer v. Ranger, 22 Pick. 447. The defence relied on cannot therefore prevail, and as no question is made of the amount of damages, the judgment must be
Exceptions overruled.