Woodberry v. Matherson

Citations

• 19 Fla. 778

Syllabus

<p>1. When the wife survives the husband, and becomes entitled to dower in his real and personal estate, but dies before it is allotted and set apart to her, her personal representative can sustain an action against the personal representative of the husband, to have the dower in* such deceased husband’s personal estate set apart to him.</p> <p>2. Dower, in its technical and popular acceptation, refers exclusively to real estate, and according- to Blackstone, “has reference to that portion of the lands or tenements of a man, which his widow enjoys during her life, after the death of her husband.” In this State, however, it has a broader signification by statute, including her interest, not only in the realty, but also in the personalty of her deceased husband. (Laws, 1828, 1888,) 10 Fla., 258.</p> <p>8. The right of dower in the husband’s real estate contemplates that one-third of such estate, of which he died seised and possessed, &c., should be allotted and set off to his widow, such third part to inure, to her proper use and behoof in and during the term of her natural life. The right of dower in the personal property, if there be more than one child, contemplates that one-third of such>personal property shall be set off to such widow as hers in “fee simple.”</p> <p>4. The words “fee simple,” as used in the laws “concerning dower,” denotes an estate of inheritance or an estate without condition ' or restriction. It is an absolute estate in perpetuity. The right of the widow to one-third of the personalty as fixed by the law, is a vested interest, and cannot be affected or defeated by her subsequent death,</p> <p>5. When the widow dies entitled to dower in the personal estate of her deceased husband, without having the same allotted to her under the law, such right passes to her personal representative as assets of her estate, and may be by such representative recovered.</p>