nant to warrant and defend the title. In most of the States there is no implied covenant in a deed. All covenants must be duly expressed in the deed.

6. The heirs to whom the estate descends, and the devisees to whom the estate is devised, are answerable upon the covenants or agreements of the grantor or devisor to the extent of the lands descended or devised to them. No greater estate passes by any grant or conveyance than the grantor himself possessed at the time of the delivery of the deed, and could then lawfully convey. Every grant is conclusive against the grantor and his heirs, and against subsequent purchasers from the grantor or his heirs, except a subsequent purchaser in good faith and for a valuable consideration, who shall acquire a superior title by a conveyance that shall have been first duly recorded. A conveyance made by a tenant for life or for years, of a greater estate than he possesses, passes to the grantee all the title, estate, and interest which such tenant could lawfully convey.

7. Every grant of lands is absolutely void, if, at the time of the delivery of the deed, the lands are in the actual possession of another person, claiming under a title adverse to that of the grantor. The grantor may execute a mortgage on such lands; and such mortgage, if duly recorded, will bind the lands from the time the possession thereof is recovered by the mortgagor or his representatives.

6. To what extent are the heirs and devisees responsible upon the covenants of the grantor or devisor? Does the grantee in any case take a greater estate than the estate possessed by the grantor? Against whom is every grant conclusive? What exception is made? If a tenant for life convey a greater estate than he possesses, what is the effect? 7. When is every grant of lands absolutely void? Can the grantor execute a mortgage on such lands? From what time will it bind the lands?

CHAPTER LIV.

ESTATES IN DOWER.

1. DOWER is a life-estate, which the law gives to the widow, of a third part of the lands of which her husband was seized at any time during the marriage. The word lands generally includes the buildings thereon, and the appurtenances thereto belonging. The terin dower applies only to the estate of the widow in the lands of her deceased husband. The widow is entitled to a share in the personal property of her husband, which is fixed by statute in the several States. The widow of an alien, entitled by law to hold real estate, is entitled to dower, if she is an inhabitant of the State at the time of her husband's death. If the husband be seized of one estate, which he exchanges for another estate, the widow cannot be endowed of both; but she is entitled to her election, within one year, out of which she will take her dower. If she make no election within one year, she is presumed to have selected the estate received in exchange.

2. If the husband had executed a mortgage on the estate of inheritance of which he was seized before the marriage, the widow is not entitled to dower against the mortgagee, except in the surplus after the mortgage is foreclosed. If the mortgage is paid before the death of the husband, she is entitled to dower in the whole estate. She cannot claim her dower against the mortgagee; but

1. What is dower? What does the word lands include? To what only does the term dower apply? Is the widow entitled to a share in the personal property? How fixed? Is the widow of an alien entitled to dower? If the husband has been seized of one estate, which he has exchanged for another, can the widow receive dower from both? If she make no election within one year, what is presumed?

2. If the husband had mortgaged his estate before marriage? If the mortgage is paid before the death of the husband? Can she claim her

she may claim it against all others. Where the husband purchases lands during the existence of the marriage, and gives a mortgage for the purchase-money, the widow is entitled to dower only in the surplus after the mortgage is paid and satisfied. The widow is not entitled to dower in lands mortgaged to her husband, unless he foreclose the mortgage before his death.

3. The title to dower may be barred in several ways: 1. By a decree of the court annulling the marriage for causes existing at the time of the marriage; 2. By a decree of the court dissolving the marriage for the misconduct of the wife; 3. By the wife joining with her husband in the conveyance of the estate; 4. By a jointure settled upon the wife; 5. By electing to take a devise or bequest in her husband's will, instead of her dower.

4. A jointure, in its enlarged sense, signifies a joint estate belonging to the husband and wife, which passes in whole to the survivor. A jointure to bar the right of dower is a competent estate of lands and tenements, to take effect, in profit or possession, immediately after the death of the husband. To make the jointure valid, the following circumstances are necessary: 1. It must take effect in possession or profit immediately after the death of the husband; 2. It must be an estate for the life of the wife, or a greater estate; it may be in fee; 3. It must be limited to the wife herself, and not to any other person, in trust for her; 4. It must be made in satisfaction of the wife's whole dower, and not of a part of it only; 5. The estate limited to the wife must be averred to be in satisfaction of her whole dower; 6. It must be made before marriage. By the statute of the State of New York, an estate in lands may be conveyed-1. To a person and his

dower against the mortgagee? If the husband purchase lands during the marriage, and give a mortgage for the purchase-money? Is the widow entitled to dower in lands mortgaged to her husband? 3. How may the title to dower be barred?

4. What does a jointure, in its enlarged sense, signify? What is a jointure to bar the right of dower? What circumstances are necessary to make a jointure valid? To whom, in the State of New York, may

intended wife; 2. To such intended wife alone; 3. To any person, in trust for such person and his intended wife; 4. In trust for such wife alone, for the purpose of creating a jointure for such intended wife, and with her assent.

5. The assent of the wife to such jointure, if she be of full age, must be evidenced by her becoming a party to the conveyance by which it is settled. If she be an infant, her assent must be evidenced by her joining with her father or guardian in such conveyance. Such a jointure is a bar to her whole dower. A pecuniary provision may be made for the intended wife; and if her assent is given in the same manner, it will be a bar to any claim of dower in all the lands of her husband. If a jointure be made before her marriage, without her assent, or after her marriage, she may make her election to take the jointure or her dower. She is deemed to have selected her jointure or pecuniary provision, if she does not commence proceedings to recover her dower within one year.

6. Every jointure, devise, or pecuniary provision, in lien of dower, is forfeited in the same cases in which dower would be forfeited. The wife cannot be deprived of her dower by any act, deed, or conveyance of the husband, without the assent of the wife, evidenced by her joining with him in the conveyance, and acknowledging the same in the manner required by law. No judgment or decree of any court against the husband, or crime committed by him, can prejudice the right of the wife to dower. The estate which the wife takes in the lands of

lands be conveyed for the purpose of creating a jointure for an intended wife, with her assent?

5. How must the assent of the wife be evidenced, if she be of full age? If she be an infant? What is the effect of such a jointure? Will a pecuniary provision made for an intended wife bar her dower? If a jointure be made by the intended husband, without the consent of the wife, or be made after marriage, what is its effect? When is she deemed to have selected her jointure?

6. In what cases is every jointure, devise, or pecuniary provision, in lieu of dower, forfeited? Can the wife be deprived of dower by any act of the husband without her assent? How must her assent be evidenced? What is the effect of a judgment, decree, or sentence of court against the husband, upon the dower of the wife? Does the estate which the wife

her deceased husband varies somewhat in the several States. In most of the States, she takes one-third of the profits for life; or, in case there be no children, one-half. In some States, she takes one-half in fee, when there are no lineal descendants.

7. The widow may remain in the chief house of her husband, and have her reasonable maintenance out of the estate, for forty days, whether her dower is assigned or not. The widow, if of age at the time of the death of her husband, must claim her dower within twenty-one years. The widow is entitled to damages for withholding her dower. The measure of damages is one-third part of the annual value of the mesne profits. If the action is against the heirs, she will recover from the time of the death of her husband. If against a stranger, from the time of demand, not exceeding, in any case, six years. Such damages are not estimated on any permanent improvements.

CHAPTER LV.

ESTATES BY THE COURTESY.

1. ESTATES by the courtesy are life-estates. Where a wife is seized of lands, and the husband and wife have issue born alive, the husband, after the death of the wife, is entitled to the rents, issues, and profits of such lands

takes by right of dower differ in the different States? What does she take in most of the States? What does she take in some of the States, if there are no lineal descendants?

7. For what time may the widow remain in the chief house of her husband? To what is she entitled during that time? Within what time must the widow, if of age at the death of her husband, claim her dower? To what damages is the widow entitled for withholding her dower? For what time, if the action is against the heirs? For what time, if the action is against a stranger? Are such damages estimated on any permanent improvement?

1. How long do estates by the courtesy continue? What is an estate