Ex parte Burgess

Citations

• 1 Del. Ch. 233

Syllabus

<p>The widow of a deceased tenant in common, who is entitled to dower in his undivided share of the lands held in common, cannot join in a petition for partition of the lands until after her dower has been assigned to her in the Orphans’ Court, without metes and bounds.*</p> <p>The proceeding for partition lies between tenants of the freehold. A widow, prior to the assignment of her dower, is not such a tenant, and therefore she cannot join in a petition for partition.</p> <p>After dower, without metes and bounds, has been assigned and the widow enters, she is a tenant, and holds her undivided dower ; and then, by the equity of the Statute, 32 Hen. VIII., c. 32, and of the Statute of this State, partition may be made between he* and the tenants in common.</p>