157 Mass. 499 | Mass. | 1892
Francis Mayo died on October 17,1863, and his widow, now Elizabeth Mace, became entitled to dower in the land in which she asks to have dower assigned. She occupied the land with the heirs, and received the rents and profits, the heirs not objecting, until August or September, 1890, since which time the rents have been, against her protest, paid to one of the heirs. Her petition was filed on September 5,1891. The question reserved is whether her right to file the petition more than twenty years after her husband’s death is saved by the Pub.
In view of the history of the legislation, and of the gross injustice which would result from giving to § 14 a strictly literal construction, we have no doubt that it is the intention of the Legislature that a widow who has for twenty years or more after her husband’s death occupied, with the heirs of the deceased, land of which he died seised, and of which she is dowable, or has without their objection received her share of the rents and profits of such land, can, without being barred by § 14, claim and commence an action or proceeding for the recovery of her dower, whenever the heir shall deem it proper to hold his share in severalty.
jDecree of Prolate Court affirmed.