The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-05-26
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W. fvHH IT. Probate n n sii MI
hai flfpse ihat n lhe time w W.
leaih W. WHIas bal Hmrle pfnp
efiy II her U*H right e4nal W talf
~ ehat would b. hef laWhh pnfii0n
" hef hHal ands real ind rfaofal
estate whifh t%afiIhn would M ta
o,ed ", 800 ahd her HraNto estate
~ owned ahd held hy be-, Wis N ne
yalne NJ fgfA1, and utau ihese
grounds Che administrator ft. lied
tho application fr dover and ~ TIE
heafing The petition waH dismissed
u appears That ihe marriage and ihr
iaikin N The husband ~ fhc land Nv
question lOok plam before The pro
visions ~ The Reeised Code touch
ing Che subject, went Into operation
on the first day Of November. 1861,
but thai hla death took place amer
that tinc, and It has been field BY this
Court that both IN case, Of tcsiacy
and lntestaey, where q husband dies
leaving a widow with q separate os-
tate, her right 10 dover IN the real
estate Il controlled by the provisions
of Art. 30, Rev. Code, 337, and this
In virtue Of tho provisions in Art.
i76, Rev. Code, Whctlcy W.
Stephenson, - Miss, ll3. The re-
suit IL that, in cases embraced in
these statutes, the widow Is not en-
titled to dover in the real estate OF
her husband where she had q sepa-
rate property at the time of his death
equal In value TO what would be heI
portion of her husbands real and
personal estate.
But Il Is ~contended, in behalf o.
the widow, that these provisions o.
the law can not affect her, because
her rights Of dover became a vested
interest, in consequence of her mar.
riage and the seizin Of the husband
during the coverture, which took
place before the provisions YER en-
acted, and that il was not competent
for the Legislature to interfere witt
her rights thus vested. And thu
question presented is, whether it j,
competent for the Legislature to mod.
ify and change the laws in relation tc
dowers, to have effect upon case:
where the marriage and seizin have
taken place before the passage of til,
act, but the title has not been con.
summated by the death Of the hus.
band and this depends upon the
nature and character Of the right o.
dover, before the husbands death
1t is unquestionably true that the
concurrence of marriage and seizin
constitutes the foundation Of the
right of dover; but they do moi
themselves vest the title in the wife
Park on Dover, Z. They give
rise TO an inchoate right which doe,
not become complete until the death
Of the husband.-4 Kent Com. 80
And an inchoate right of dover is {
mere possibility and not an estate
| billiard on Real Prop. COL, 5 90
because it Is liable at any time TO b,
defeated by the death of the wife, the
husband surviving. From the death
of the husband, the incipient title
which existed in the wife during
coverture, becomes contaminated anc
perfected.-Park on Dover, 247. !
Cruise Dig, Vitle vi. Dover, sec. !
and until that time, II is not a vesteC
estate, but a mere contingentinterest
or a chose IN dction--4 Kent Com.
81. This right appears to be analo'
gous to that Of a husband TO hi
wife's personal property, and chose
in action not reduced to possession by
him during the coverture. That is I
qualified right, upon the condition
that he reduce them to possession
during coverture-a condition prece'
dent that must be performed befor'
the right become vested. SO in thi
case, the right Of dover depends foi
its substantial exercise upon the con
tingency hal the wife survive tn
husband; and until that occur, NJ
interest becomes vested in the wife
1t Is settled by this Court, that sucl
! right Of the husband to the wife
choses in action is not a vested right
/, and that before such right become
vested by the husband reducing tn
chooses IN action to possession, tn
Legislature has power, as a matter Q
! public policy, to provide hat al
+ property thereafter acquired by III
wife during coverture, or coming I
her possession, shall inure TO the sol
and separate use Of the wife, exclud
. ing any right on the part Of the hu'
: band-and this to apply to cases {
4 marriage contracted before, as well {
after the. passage Of the act.-Clar
VS.. McCreary, IL $. & NJ. 347. III
: power Of the Legislature over the IL
! choate and contingent right Of Il
/ wife to dover in the husbands Liant
= during his life, appears to stand ups
the sme principle and to be equal
Iii fo.,1ad in i~ust,ca IN anr,sre