The Portland daily press., 1876-01-24
The Law of Dover.
PORTLAND, Jan. 20, 1876.

To the Editor Of the Press:
Not until to-day was my attention directed
to paragraph in the letter of your Augusta
correspondent, ascribing to me the authorship
of a proposed change in the law of dover in
this state. He has been led into partial error
in respect to myself
The original draft of the bill and of very
interesting synopsis of the history of dover,
was shown me for advisory counsel and sug-
gestion, and / made some cancellations to each,
which understand to be very acceptable I
could not, and think no rejecting man could
but approve the proposed change in the laws
most beneficial to the wife, in case of her sur
vivorship of the husband, and most beneficial
to him in case of his survivorship. And what
the public is most interested in, it imparts to
real estate more easy circulation as the basis
of credit and enterprise, than it has at present,
when the transfer of clear title is subjected to
the absolute veto of wife, governed by cupid.
ty, or avarice, or perhaps, 'bald cussedness.'
In England, this veto power has been for
Yany years past, substantially abolished; al
though there, zeal estate is not so essentially
a needful basis of credit, as in this country.
But in few, If any, of the states of this I'm
ion, has the change in the law of dover been
radical, as in England. Nor does the proposed
change in this state involve any such abolition
of the wfe's dover. 1t only proposes to re-
move her power to utterly defeat the "hus-
bands sale of his own real estate, when he
deems it advantageous, and providing for the
conversion of her contingent dover into a
money fund, on interest, for her special benefit
in case she outlives her husband.
Formerly, when marriages were based more
than at the present day, on personal considera-
tions OF attachment and reciprocal esteem, and
partook less than now of conventional barter
expectant wealth, or the indulgencies of an
extravaganza home, mooted question between
husband and wife respecting her dover was
very seldom heard. But the multiplicity of
divorces at this day, in our own, as in every
Northern and Middle state indicate very vivid
IL that change has grown up in the motives
of marriage, without a corresponding change
in the law by which the dissatisfied wife may
defeat every expedlent transfer of her bus.
bands real estate. The wisdom of law and of
law makers, is 10 no way more clearly mani
Tested, than in the progress that is made in
keeping pace with the changes of society iu its
structure and interests.
Moreover, sound public policy in our country
requires that every incumbrance upon the
transfer of real estate, should be removed as
far as practicable, and every new facility for its
transfer be encouraged, that property may
circulate as the basis of credit and enterprise,
and to that extent enlarging tho domain OF
each, without resort to money.
think every professional man, in or out Of
the Legislature, who will examine the propos-
ed change in the law of dover in this state in
troduced by Mr.. Chase, will cordially and con-
scientiously approve of it, and more earnestly
as his sympathies incline him to wish for the
greatest welfare of woman, whether his wife,
sister or friend.
Most respectfully
Your obedent servant,
FRANCIS o. j. SMITH.
lOur Augusta correspondent did not attribut e
the authorship of the paper in question to Mr..
Smith. He merely said it is intimated that
Mr.. Smith is the author.l