A Treatise on the Law of Dower

A Treatise on the Law of Dower is a document written in 1867 that formally explores in great depth the laws of dower in the United States. The document covers different aspects of dowers in all states along with different court cases to defend the argument of the author. The topics discussed within the document range from the nature and qualities of dower, the assignment of dower, the recovery of dower, evictions, and forfeiture of the dower. 

The second section of Chapter One, “Legislative power of inchoate dower”, discusses different instances where the legislative branch of the United States government became involved in the laws of dower that were, at the time, not fully formed.¹ In this section the author discusses a case in Georgia in which the decision made in court allowed for further development in the law of dower. The case, Morea v. Detchmendy, was a case involving property distribution. The court came to the conclusion that “the Acts of 1841 and 1850 show how cautious our own legislature has been not to interfere with the right, forcibly and against the will of the wife, and that too even in cases where there would seem to be an apparent necessity to do so”.² The court came to the conclusion that in order to divest a widow of property or any part of the estate that were left to her in the dower or in the will of her husband could not be taken by subsequent legislation.³  

Section 23 of the second chapter discusses the widows rights to the family home and the furniture inside. In states like Kansas, Alabama, and Missouri, the widow is able to possess the dwelling-home along with out-houses, offices, and plantations in her husband's name free from other potential buyers until the assignment of her dower. In Georgia the widow was allowed to possess the dwelling home free from the threat of heirs or purchasers until the assignment of her dower.⁴