Heisen v. Heisen

By section 1, of the Dower act (chap. 41, R. S.), the plaintiff in error was endowed of one-third of the lands of which his wife died seized, for and during his natural life. This is conceded, and the question presented is, whether, by the acceptance of the lease of the guardian of the minor, owner of the fee, his right to assert dower has been suspended during the term thereby created. The legislature having abolished tenancy by the curtesy, and conferred upon the husband the right of dower in his wife’s lands, in general terms, and without the use of words showing an intention to enlarge…