ADMEASUREMENT OF DOWER

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ADMEASUREMENT OF DOWER


ADMEASUREMENT OF DOWER, remedies. This remedy is now nearly obsolete, even in England; the following account of it is given by Chief Baron Gilbert."The writ of admeasurement of dower lieth where the heir when he is withinage, and endoweth the wife of more than she ought to have dower of; or ifthe guardian in chivalry, [for the guardian in socage cannot assign dower,]endoweth the wife of more than one-third part of the land of which she oughtto have dower, then the heir, at full age, may sue out this writ against thewife, and thereby shall be admeasured, and the surplusage she hath in dowershall be restored to the heir; but in such case there shall not be assignedanew any lands to hold to dower, but to take from her so much of the landsas surpasseth the third part whereof she ought to be endowed; and he neednot set forth of whose assignments she holds." Gilb. on Uses, 379; and seeF. N. B. 148; Bac. Ab. Dower, K; F. N. B. 148; Co. Litt. 39 a; 2 Inst. 367Dower; Estate in Dower.

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