5 Conn. 462 | Conn. | 1825
By the common law, a widow is entitled to dower in all the land, whereof her husband was seised in fee-simple or fee-tail, at any time during the coverture, and of which any issue she might have had, might, by possibility, be heir ; but she had no right of entry until her dower was assigned. Litt. sect. 36. 53. 2 Bla. Comm. 134. 139. Bac. Abr. tit. Dower. B. The same principle has been adopted in Massachusetts and in New-York. Windham v. Portland, 4 Mass. Rep. 384. Sheafe v. O’Neil, 9 Mass. Rep. 13. Jackson d. Clowe v. Vanderheyden, 17 Johns. Rep. 167. But, by our statute, “ every married woman living with her husband, at the time of his death, or absent from him by his consent, or by his default, or by inevitable accident, or in case of divorce when she is the innocent party, and no part of the estate of her husband was assigned to her for her support, shall have right of dower in one third part of the real estate of which her husband died possessed, in his own right, to be to her during her natural life."
New trial to be granted,
Crocker v. Fox & ux. 1 Root 323.
Colder & ux. v. Bull 2 Root 50. 2 Bla. Comm. 139.