Contributed by Ann Braswell on 2 Feb 2006

DOWER

This is from Helen Leary's North Carolina genealogy research book. She is considered the authority for NC research.

"Dower. That portion of a man's REAL PROPERTY that was set aside by law for the support of his widow and the nurture of any minor children born of the marriage; the ESTATE (#1) in a portion of her husband's real property to which a wife had a right by virtue of their marriage. Until 1784, dower in North Carolina was DOWER BY COMMON LAW, which was the ordinary kind of dower in England and America. Common-law dower was the wife's estate for her lifetime in one third of all lands and TENEMENTS of which her husband was SEIZED in FEE SIMPLE at the time of the marriage or became at any time during CONVERTURE. The dower right of any validly married woman was established as soon as her husband became possessed of an estate in real property that could be inherited by his children, and this right could not be barred by unilateral action of her husband. Her INTEREST in her husband's land was immediate (it inured to her at the instant of her marriage) and conveyable (under the condition's mentioned below). The wife's estate in her husband's land, however, was INCHOATE, or incomplete, during his lifetime and became CONSUMMATE only upon his death if she survived him. That is to say, a wife had an undivided interest in her husband's lands and tenements during his lifetime but no TITLE to any portion of them-she could not sell her interest except by joining with him in the sale. On the other hand, he could not legally dispose of the land without her consent, and if he did so, she could (after her husband's death) bring suit to recover the value of her dower interest from whoever owned the property at that time (this provision of the law was almost never enforced in North Carolina). The wife's consent to her husband's sale of land was obtained in a private interview with an officer of the court, who determined if she was willing to RELINGUISH her dower right. The officer's sworn statement became the instrument of relinguishment, and was recorded, normally, along with the DEED of conveyance.

Originally, the widow was required to sue her husband's heir(s) for allotment and possession of her dower tract, but this practice gradually went out of use and in 1784 N.C. law recognized the prevailing practice and provided for allotted upon her simple petition to the county court. The allotment procedure required that the court appointed a commission of neighbors unrelated to the widow or her husband to view the land in question and report their determination of the third that included the MANOR house and plantation-whereupon the court awarded her that portion, and her LIFE ESTATE title to that portion came into effect; no deed was required.

In 1784, North Carolina abolished dower by common law. From that date until 1868 a widow's dower right in this state extended only to those lands of which her husband was still "SEIZED and possessed" at the time of his death etc.....

In 1868, dower by common law was restored in this state and was not abolished again until 1960."