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Tenant in dower.
THE Wife after the death of her Husband shall remain in the cheife House by forty daies after the death of her Husband, within which daies her Dower shall be as∣signed unto her, unlesse before it were assigned, and there shall be also assigned unto her, the third part of all the Land of her Husband which was his in his life time, Magna Charta chap. 7.
Of Widowes which cannot have their Dowers without Suit, that is, that whosoever shall deforce them of their Dowries of the Tenements of which their Husbands died seised, and afterwards the same Widowes by Suit recover them, they shall give unto the said Widowes all their dammages according to the value of the whole Dowrie, due unto them from the time of the death of their Hus∣bands, Merton chap. 1.
If a Woman of her own accord leave her Husband and departeth, and liveth with an Adulterer, she shall for ever loose her action of recovering her Dower which was due unto her of her Husbands Tenements, and be of that con∣victed, unlesse her Husband of his own accord, and with∣out cohersion of the Church shall receive her, and suffer her to dwell with him, West. 2. chap. 34.
If the Hnsband be attaint, convict, or out-Lawed of Fe∣lony, yet his Wife shall be indowed, but if the Husband be attaint of Treason, his Wife shall not be indowed, by 1 Ed. 6. chap: 12: 5 Ed. 6. chap. 11.
Where a woman shall beindowed, and where not
WHere the Husband Tenant of the King dies, and his Wife is committed to the King, during that time she shall not have Dower, if she be not surprised of Dower, 2 H. 4. f. 7. & 6 H. 4. f. 7.
It seems if a woman takes a lease by Indenture for years, that during this lease she is not Dowable; but if she take the Lessor to Husband, and after he dies, she is Dowable notwithstanding the lease, 6 H. 4. fol. 7. Fitzh. 149. E. the same.