Davis v. O'Ferrall

Dissenting Opinion hy

Grxenk, J.

I cannot agree with the majority, that a widow is entitled to dower in a more pre-emption 7-ight to land. It is conceded that the law in force at the ciato of the conveyance, nmst govern. At the time, O’Ferrall sold his right to Bissell, the statute of 1839 was in force. This statute gave dower according to the course of the common law. At common law, the widow shall have the third part of all the lands and tenements, whereof the husband was seized in fee simple, or fee tail a': any time during coverture to hold to herself for the term of her natural life. 2…