Georgia Code of 1933

Title 31 of the Georgia Code of 1933 focuses solely on dowers. Title 31 is separated into two different sections. The first of the two sections defining dower and discussing the parts of the estate the wife is immediately entitled while the second section discusses the assignment and application for the dower. 

Chapter 31-1, titled “In General”, defines dower as “the right of a wife to an estate for life in one-third of the lands, according to valuation, including the dwelling house … of which the husband was seized and possessed at the time of his death, or to which the husband obtained title in the right of his wife”.¹ As described by Chapter 31-1 the widow is automatically entitled to one-third of the land, including their house and all furniture inside, owned by her husband.² Section 31-102 states that the widow is allowed possession of these things from the time of her husband’s death until her dower is assigned, which she could not apply for until three months after her husband passed away.³ Chapter 31-1 highlights two different ways the widow may elect to utilize her dower. The first being if the husband grants her interest in his lands that her election of, or application for, dower would obstruct her from the section of his will granting her the land, but would not deprived her of anything personally left to her unless expressed in the dower. The second is labeled as “Election by widow in ignorance, effect”.⁴ In this instance the widow has elected to take a child’s portion of what was left to her family, unaware of the condition of her newly found estate, would not obstruct her opportunity to apply for dower. The final section of Chapter 31-1, Section 31-110, describes five instances in which dower may be barred or obstructed. The first states that dower may be barred by “provision made prior to the marriage and accepted by the wife in lieu of dower”.⁵ The second states the barring of a dower may be attributed to “a provision made by deed or will, and accepted by the wife after the husband’s death, expressly in lieu of dower, or where the intention of the husband is plain and manifest”.⁶ Dower may also be barred if the widow does not apply for dower for seven years after the death of her husband, if the widow elects to take a child’s portion of the real estate within twelve months of being granted the estate, or if the wife committed acts of adultery and was not pardoned by her husband before his death.⁷  

The second section of Title 31, Chapter 31-2, is titled “Assignment of Dower”.⁸ The main focus of Chapter 31-2 is the application process for the dower and the role of commissioners in the process of granting dower. Section 31-201 states “the application for dower shall not be made until after the expiration of three months from the death of the person to whom said lands and tenements belonged”.⁹ Until the application for dower the widow was tasked with handling the lands and estates belonging to her husband. Chapter 31-2 explains that the widow must give written notice to the representative of the estate or if she is the representative of the estate she must give notice to anyone interested in the estate that she is applying for dower. Section 31-203, “Appointment of commissioners”, discusses the appointment of five “fit and discreet freeholders of the county” to grant dowers to applicants if the applicant meets the requirements.¹⁰ The granting of one-third of the estate to the applicant is up to the discretion of the commissioners. Section 31-206 states that anyone interested in the estate is able to send in a case in writing, explicitly stating the grounds for the claim.¹¹