, were
formally abolished by the Dower Act 1834. Dower is governed in the
United Kingdom, so far as women married after the 1st of January 1834
are concerned, by the Dower Act 1834, and under it only attaches on the
husband's death to the lands which he actually possessed for an estate
of inheritance at the time of his death. It must be claimed within
twelve years of the time of its accrual, but only six years' arrears are
recoverable. The wife is also entitled to dower out of equitable
estates, but joint estates are exempt. By the act the wife's dower is
placed completely under her husband's control. It does not attach to any
land actually disposed of by him in his lifetime or by his will, nor to
any land from which he has declared by deed his wife shall not be
entitled to dower. He may also defeat her right, either as to any
particular land or to all his lands, by a declaration in his will; while
it is subject to all the deceased husband's debts and contracts, and to
any partial estates which he may have created during his life or by his
will. A widow tenant in dower may make leases for twenty-one years under
the Settled Estates Act 1878. Free-bench is an analogous right in regard
to copyhold land; it does not fall within the Dower Act 1834, and varies
with the custom of each manor. At common law, and prior to the act of
1834, dower was of a very different nature. The wife's right attached,
while the husband was still living, to any land whereof he was solely
seised in possession (excluding equitable and joint estates) for an
estate of inheritance at any time during the continuance of the
marriage, provided that any child the wife might have had could have
been heir to the same, even though no child was actually born. When once
this right had attached it adhered to the lands, notwithstanding any
sale or devise the husband might make; nor was it liable for his debts.
In this way dower proved an obstacle to the free alienation of land, for
it was necessary for a husband wishing to make a valid conveyance to
obtain the consent of his wife releasing her right to dower. This
release was only effected by a fine, the wife being separately examined.
Often, by reason of the expense involved, the wife's concurrence was not
obtained, and thus the title of the purchaser was defective during the
wife's lifetime. The acceptance of a jointure by the wife before
marriage was, however, destructive of dower, if after marriage she was
pu