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Michigan. -A widow resident within the state is entitled to the use for life of one-third of all lands of which her husband was seized during the marriage, except so far as she has become barred thereof. A widow residing out of the state is entitled to dower only in lands of which her husband died seized. There is no tenancy by curtesy.

Minnesota. -Dower and curtesy have been abolished; but the widow or surviving husband is entitled to a distributive share in fee simple of one-third of all lands of which the other was at any time during coverture seized or possessed, free from any testamentary or other disposition thereof to which such survivor shall not have consented in writing, subject, however, to its proportion of the debts of the decedent that are not paid from the personalty.

Missouri. -The widow is entitled to common-law dower of all lands whereof her husband, or any other person to his use, was seized of an estate of inheritance at any time during the marriage, and in leasehold estates for a term of 20 years or more.

Montana. -A widow shall be entitled to dower in all lands of which her husband was more seized during marriage, unless she have relinquished the same.

Nebraska. - The widow of every deceased person shall be entitled to dower during her natural life, in one-third of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless she be lawfully barred thereof. Where provision for the widow is made by will, she shall make her election within 1 year from the death of her husband whether she will take under such provision or accept her dower interest in the lands. A widow has no dower interest in lands which were conveyed by her husband while she was a non-resident of the state of Nebraska, but a non-resident widow has a dower interest in all lands within the state of which her husband died seized. The husband, where there has been issue, is entitled to one-third of the wife's realty for life as tenant by curtesy; if there have been no children, he is entitled to curtesy in all her realty.

New Hampshire. - The wife is endowed with so much of the husband's real estate as will produce a yearly income equal to onethird the total income at his decease, or when he parted with his title. There must be birth of issue to entitle the husband to common-law curtesy; otherwise, he is entitled to a life estate only in one-third the realty she owned at her decease.

New Jersey. - The widow's dower consists of the income of one-third of the realty of which the husband was seized at any time during coverture, and which the wife has not released. The widow may retain possession, without rent, of the mansion house and plantation, until her dower is set off to her. Curtesy exists as at

common law, except that the husband has no estate by curtesy initiate while his wife lives.

New York. - Dower exists as at common law, and extends to equitable estates. Curtesy exists as at common law, except that tenancy by curtesy initiate has been practically abolished.

North Carolina. - The wife is entitled to dower in all the legal and equitable estates in realty of which the husband was seized during coverture. There is no tenancy by curtesy initiate during the life of the wife.

Ohio. - A widow or widower, who has not relinquished or been barred of the same, shall be endowed of an estate for life in one-third of all the real property of which the deceased consort was seized of an estate of inheritance at any time during the marriage, and in one-third of all the real property of which the deceased consort at decease held the fee simple in reversion or remainder; and also one-third of all the title or interest that the deceased consort had at decease in any real property held by article, bond, or other evidences of claim.

Oregon. – The widow is entitled to one-half part during her lifetime of all lands belonging to her husband during coverture, unless she be lawfully barred. A husband upon the death of the wife may have an estate in her lands as tenant by curtesy.

Pennsylvania. - Dower exists as at common law. A devise or bequest by a husband to his wife of any portion of his estate shall be deemed to be in lieu of dower unless otherwise declared in the will; but this does not deprive the widow of her right to take against the will. The husband has his curtesy in all the realty of which the wife was seized at any time during marriage, and birth of issue is not requisite.

Rhode Island.-A widow is entitled to dower as at common law, that is, an estate for life in one-third of all the lands of which her husband was seized during her coverture, except such as she has released dower in by joining in his conveyance thereof. Dower is set off either by metes and bounds where practicable, or by allotment of rents. Curtesy exists as at common law.

South Carolina. - The widow is entitled to dower in all the real estate in which the husband was legally seized, or to which he was equitably entitled during coverture. Renunciation of it is made on the husband's conveyance. In 10 years after the husband's death the widow is barred if she do not claim dower. Equity values the dower at one-twelfth in fee before the husband's death, and one-sixth after it. Tenancy by curtesy does not any longer exist.

Tennessee. -The widow has an estate for her life in one-third part of the lands of which her husband died seized and possessed; also,

in lands mortgaged or conveyed in trust by the husband and not foreclosed in his lifetime. Tenancy by curtesy exists in this state.

Utah. - Dower has been formally abolished. In lieu thereof the law provides that one-third in value of all the legal and equitable estates in real property possessed by the husband at any time during marriage, and of which the wife had made no relinquishment of her rights, shall be set apart as her property in fee simple if she survive him; provided, that the wife shall not be entitled to any interest in any such estate of which the husband has made a conveyance when the wife, at the time of the conveyance, is not and never has been a resident of Utah. The value of the widow's share of the homestead is deducted from her distributive share. Curtesy has been abolished, but the husband's interest in his wife's realty is similar to that of the wife's in his.

Vermont. - The widow is entitled to dower only in the lands of which the husband died seized; but any conveyance by the husband of his real estate with intent to defraud the wife is voidable by her. Tenancy by curtesy still exists.

Virginia. -A widow shall be endowered of one-third of all the real estate of inheritance of which her husband, or any other to his use, was at any time during coverture seized. It is barred or relinquished, as usual, by her joining in a conveyance, or by accepting a settlement in lieu thereof, or by her adultery, unless the same be condoned by the husband. The husband does not, by marriage, acquire any right or title to the property of the wife, but on her death he is still entitled to his estate by curtesy.

West Virginia. - The widow is entitled to her dower as at common law. The husband is entitled to curtesy whether there were issue born alive or not.

Wisconsin. - Dower exists as at common law; but a non-resident wife is dowable only of lands owned by the husband at his decease. The husband's estate by curtesy exists independently of the birth of issue, but extends only to lands owned by the wife at her death and not devised, and only to such of these as do not go to the issue by a former husband.

PROVINCES OF THE DOMINION OF CANADA British Columbia. - The widow is entitled to dower out of any land which the husband has not absolutely disposed of in his lifetime or by will. The wife's right to dower may be barred by the deed of the husband conveying the same without her joining in the execution thereof. The husband is entitled to curtesy in the realty of the wife, subject, however, to the same restrictions as attach to her right of dower in his realty.

Manitoba. -Dower and tenancy by curtesy do not exist as at common law, but the surviving husband or widow is entitled to a distributive share as in British Columbia.

New Brunswick. - The widow has no common-law right to dower.

Nova Scotia. -A wife is entitled to dower out of all lands (with few exceptions) of which her husband was seized at and after her marriage in which she did not bar dower during his lifetime, but a husband can only be tenant by the curtesy of such of his wife's lands as she died seized.

Ontario. A widow is entitled to dower out of all lands of which her husband' was seized at any time during coverture, or to which he was beneficially entitled at his death. Dower does not attach to wild lands, nor lands in a state of nature and unimproved. The husband can be tenant by curtesy of such lands only of which his wife may die seized or possessed.

EXEMPTION LAWS

In nearly all the states there are provisions making homesteads exempt. A homestead is real property, consisting either of a certain number of acres of agricultural land, or a town lot or lots, with the appurtenances and improvements thereon, owned by the head of a family, and occupied by him and his family as a home. Generally, to constitute one the head of a family there must be a condition of dependence on the part of the other members upon him and an obligation on his part to support them. By statute in some states, as in Nebraska and North Dakota, the head of a family includes: The husband or the wife, when the claimant is a married person; every person who has residing on the premises with him or her, and under his care or maintenance, either his or her minor child or the minor child of his or her deceased wife or husband, a minor brother or sister, or a minor child of a deceased brother or sister, a father, mother, grandfather, or grandmother, the father or mother, grandfather, or grandmother of a deceased husband or wife, an unmarried sister, or any other of the relatives mentioned above who have attained the age of majority and are unable to take care of or support themselves. The right of the homestead exemption almost universally extends to the widow and minor children of the debtor.

In the following states, the debtor may waive the benefit of the exemption laws at the time of the levy or afterwards, either by express consent or by failure to claim the same: Alabama, Arkansas, California, Connecticut, Illinois, Indiana, Iowa, Maine, Massachusetts, Michigan, Missouri, New York, Ohio, Pennsylvania, South Carolina, and Texas; but in Tennessee it is held otherwise. Also, in the absence of statutory provision, it is generally held, except in Pennsylvania, that a debtor may not waive by executory agreement. A debtor, however, may waive by selling, pledging, or mortgaging the exempt property. As to homesteads, it is generally provided that any conveyance or encumbrance shall be valid only when executed by husband and wife, if both be living.

Alabama. - The homestead of any resident of this state, with the improvements and appurtenances, not exceeding in value $2,000, and in area 160 acres, shall be exempt during his life and occupancy, and during the life of the widow and the minority of the child or children. There is exempt the personal property of such resident to the amount of $1,000 in value, to be selected by him, and in addition thereto, all necessary wearing apparel for himself and family, and all family

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