St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-20
THE DOVER INTEREST.
Review OF the Present Law and a
Proposed New One.

Review Of the Present Law and a
Proposed New One.
There is bill at present before the
judiciary committee of the house which
is attracting good deal of attention
from the legal fraternity. The bill in
question is Fl. F. l42, and relates to the
dover interest of the wife or husband
in the estate of the other.
In all argument made before the COM
mittee in favor of the bill. c. l.. Smith.
of Minneapolis. thus presented the
facts:
Under our present statute, the in
choate interest of the wife and husband
commonly called dower-is hot avail
able until marriage. seiZin, and death
occur. For the reasons hereinafter
stated | believe II. F. 142 should be en-
acted into law, so that when the huS-
bands or wife's interest in the realty is
sold OH judicial sales the inchOate in
terest of the wife, or husband. should
Immediately attach. Under our statute
as it now stands, when the husbands
interest is sold, the Wife'S interest does
not become vested until the death of
the husband, in case she survives him.
Thus on a sale on execution we have at
once an estate divided, the purchaser
takes two-third interest in fee simple,
and the wife One-third contingent
estate The purchaser of the two-thirds
interest cannot improve his estate, or
does so at his peril, running the risk of
at some future date having to set apart
one-third of the estate with the improve
ments made by him. to the One-third in
choate outstanding estate.
Second The purchaser of the two
thirds interest has to pay all taxes and
assessments on the entire estate, while
this inchoate interest is outstanding, as
the owner of this inchoate interest can
i'll no event be called upon to pay any
portion thereof.
Third-The effect of our law as it now
stands is to retard the improvement OF
property SO situated.
Fourth-It is to the advantage of the
purchaser that he be allowed to get the
property he purchases free of all claims,
that he may realize all profits thereon,
as he now has to assume all the bur-
dens. On the other hand. it is for the
advantage of the wife that she be able
to realize Immediately on the inchoate
right, when her husband has failed and
all his means of support are taken away
Dv the sheriff. Why Withdraw this aid
for the support of the wife and children,
and the education of the children in the
hour of their necessity, and place them
in want during the lifetime of their
father and husband?
Fifth-The wisdom of such a law is
vouched for in the fact that other states
having dover similar to our own have
this provision in their laws, namely:
Indiana, Iowa, Mississippi, Georgia,
etc.
In conclusion, will say that I can
imagine no objection to this bill. and
have heard of lone. nor was any sug-
gested. save that which is against all
dover law.
AS to the wisdom of dover, that will
not discuss. as it is not germane to this
bill. save to say that dover is necessary
and just is the universal judgment of all
the ages. Lord Coke says that three
things are favored in IaW-life, liberty
and dover. And the enactments of all
Engllsh-speaking legislatures and the
decisions of every judicial tribunal there
under have ever since treated dover in
that light. However, we have dover
law, and until the legislature shall 'abol-