, 1891-06-07
NO DOVER IN WYOMING.
How a Married Woman's Rights are
Protected Under the Law.
She Gets Half, Whole or Three
Quarters of The Estate.
Wife's Signature, Except in Home
stead Conveyances Not Needed.

The decision rendered by the supreme
court of the state of Wyoming on Mon
day last, on the question of the status
Of married women in the state with re-
lation to dover, is one which affects ma
t~eriallv most OF the residents of the state,
and all are interested in knowing lust
how married women stand in this respect,
in view of the decision.
The decision was to the effe5t that the
Edmunds Tucker law. passed by congress
On March 8. 1887, was intended to apply
to Utah alone. In that Law was the fol
loving clause: "a widow shall be en-
dowed of third part of all the lands
whereof her husband wss seized of an
estate of inheritance at any time during
her marriage unless she have lawfully re-
leased her right thereto" In the case
before the supreme court. the question
was as to whether that clause applied to
all the territories, or whether it was In-
tended for Utah alone. The court decided
that it applied to Utah alone and had no
application whatever to Wyoming.
By the common law. a widow was en-
titled, Upon the death of her husband, to
one-third of all real estate of which her
husband became possessed at any time
during the coverture. There were sew.
eral methods BY which the wife would
part with this right, the most usual being
by joining her husband in a deed to prop
erty conveyed. In the absence of any
statute on the subject, such would be the
law in force in the state TODAY.
By the common law also, when a wife
died possessed of real estate in her own
name, her husband surviving her, the
husband vas entitled to the use of such
real estate during the term of his life,
provided he had by her issue born alive
which was capable of inheriting such
estate. After his death it descended to
her heirs. This also, in the absence of
any statute on-the subject, would prevail
in Wyoming TODAY.
On December 10. 1869. however, the
following act was passed by the legislature
of the state:
Whenever any person having title to
real estate or property, having the nature
or legal character OF real estate OF personal
estate undispOsed or otherwise limited by
marriage settlement. shall die Intestate as
to such estate, it hal descend and be dis
tnbuted in parcenary to his kindred, male
and female. subject to the payment of his
| 1aL.. = al. 4-U
ner: 1t such intestate leave a husband
or wife and children, or the des-
cendants of any children. him or
her surviving, one-half of such
estate shall descend to such surviving hus
band and wife, and the residue thereof to
such surviving children and descendants
OF children, as hereinafter limited. If
such intestate leave a husband or wife,
and no child no descendants OF any cl.ild,
then the real and personal estate OF such
in.estate shall descend as follows, to-wIt
Three fourths thereof to such surviving
husband or wife, aud one-tourth thereof
to the father and mother of the intestate.
or the survivor of them. Provided, That
if the estate of such intestate, real and
personal. does not exceed 10 value the
sum of $40. 900, then the whole thereof
shall descend to and rest in the surviving
husband or wife, as his or her absolute
estate, subject to the payment of debts as
! aforesaid. Dover and tenancy by the
curtesy are abolished, and neither hus-
band nor wife shall have any share in the
estate OF the other, save as herein pro-
vided.
By this act it will be seen that dover
and tenancy by curtesy was abolished In
tho ogt,ta I'D nroy;a;o. -odo e. tbo
surviving husband or vile. Another act
of the same date also provided that In
addition to her portion of her deceased
husbands estate, the widow shall be
allowed to keep absolutely, for the use of
herself and family, all the wearing APP
parel OF the family, her wheels, looms,
and other implements OF industry; all yarn,
cloth. meat, vegetables, groceries and
other provisions on hand, and provided
and necessary for the subsistence of the
widow and her family for twelve months,
and as many beds, with bedding, as shall
be necessary Tor herself and the family OF
the deceased residing with her and under
her control"
These two acts are still in force in the
state today, as the new probate law did
not touch them. Under the decision O
the supreme court, then. all conveyance
made since Dec. 10, 1869, by a husband
even if made without consent of his wife
aud without her signature, are valid. A
dover was abolished by that act, she hat
nothing to release in a deed BY her hus
band. and therefore her signature was no