Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-31
Laws Relating to Denver and Home for Pc,
batting viii Of Rsal Estate.
The Faulkner BINS On the Latter q
Good One=lThe First Mat
ter discussed.
the Editor Of The Evening Star,

personal acquaintance with members of
Congress, will use their best efforts toward
obtaining from that body an adequate
remedy. The two relics referred to are.
first, the laws relating to dover in real
property. and, second. the absence Of
any law permitting the probate Of a will
Of real estate.
In regard to the latter I will state that
Senator Faulkner introduced at the last
session of the present Congress bill au-
thorizing the probate of wills Of real es-
tate While 1 do not regard the bill as
perfect by any means, yet its enactment
would certainly be great Improvement in
the present condition Of affairs.
The Law of Dover.
The first relic (the law of dover in this
DistricD gives to widow, after assign
ment by the court, for the period of her
natural life, either the use of one-third
of the real estate legal and equitable which
her husband owned at any time during her
coverture and to which she has not pre-
viously relinquished her dover right by
deed in fee executed jointly with her hus-
band.
Or, in lieu of the use Of one-third for life,
as aforesaid, she, If healthy woman. is
entitled to receive from the sale Of the de-
ceased husbands lands, if sold under a
decree of court, the following generous 90
allowance, as mentioned in the following
table. viz:
Under thirty years of age. one,sixth.
Above thirty and under thirty-five years
of age, two-thirteenths.
Above thirty five and under forty years Of
age, ope-seyenth.
Above forty-tivei and under fifty-one
years of age, One-eighth.
Above fifty-one and under fifty-six years
of age, one-ninth.
Above ffty-six and under sixty-one
years of age, one-tenth.
Above sixty-one and under sixtyseYen
years of age, one-twelfth.
Above sixty-seven and under seventytwo
years of age, one-fourteenth.
Above seventy-two and under seventy
seven years of age, one-eighteenth.
Above seventy-seven, one-twentieth.
This is the law of Maryland in relation to
dover. as declared by the courts of this
District to be in force here. Whether the
act of Congress known as the Utah or Ed
mundS act made change In the law of
dover in this District 1 do not care at this
time to discuss. as / am not aware that the
POINT has ever been presented to our courts
for determination.
But, taking the law of dover as declared
by our court, 1t will be observed that the
Older and more feeble the widow becomes
the less she receives. What spirit of genius
or Justice could have, animated the law
makers of colonial Maryland when they
enacted this law is beyond the comprehen-
sion OF intelligent men. Perhaps they
thought that the less she was allowed for
her support. the SCORER she would die, and
therefore cease to need 1t. II Is, however
difficult to undeTstand how any man can
read this law without commingied emotions
of regret and indignation at the treatment
his own mother "a likely to receive at the
death of her husband.
The Charge Of Undue influence.
In regard to the absence Of a law per-
uniting the probate of will of real es-
tate. 1 will say that within almost any
period short Of sixty years dissatisfied
heir-at-law of the deceased testator can
bring an action of ejectment to recover the
lands which belonged to the deceased tes-
tator and devised by said will on the
grounds of undue influence or mental in
capacity, etc. There seems to be an i'm
precision among some of the members of
the bar that land sold and conveyed by
dev1see under such will passes a good IT,
tie to a bona -fide purchaser; but this posi-
ton does not appear sound to me- for the
reason that such purchaser, like the dew
1See, claims title under the will of the
testator. If the will is declared invalid in
an action OF ejectment against the deyisee
or other person, the bona fide purchasers
title having the same foundation as the de-
visee's (namely, the viii declared INVALID,
must necessarily be effected by the verdict
In ejeectment the same as the deyisee's
The statute Of limitation is not a bar to
such action until the expiration of twenty
years, even If the purchaser should claim by
adverse possession against the heir-at-law,
seeking to eject him.
As no probate Of a will of real estate is
required or permitted by law, the plea of
estoppel on ground Of laches. &C., cannot
be pleaded to such action of ejectment and
unless the act OF Congress of June 1, 1885,
relating to married women abolishes the
plea Of coyerture, then a married woman,
like minor, car, perhaps. reply to the plea Of
the statute of limitations that such statute
does not begin to run against such married
woman after
Under these circumstances 1t is apparent
that wife who would not be entitled to a
Just and humane provision from her hus-
bands estate upon his death is not likely
to advise the purchase by him of property
in this District and the husband, knowing
the law of dover and that his will creating
proper provision out of his real estate
for her future support cannot be probated.
but can be attacked long years after his
DEATH will certainly not be inclined to own
or purchase real estate here except under
81 me necessity. Neither is 1t likely that q
careful and conscientious lawyer will feel
inclined to advise his clients to buy or lend
money upon real estate derived under a
will (unless an ancient one) thus liable at
any time to be attacked by dissatisfied
heirs-at-law on the grounds of undue inf1u-
ence or mental incapacity existing at the
far-remote time when such will was exc
cuted. 1t will therefore be seen that there
is an imperative necessity for change I'm
the law Of dover and probate Of wills of
real estate In this District, and that at once
If non-residents and others are expected to
be come owners Of real estate in this Dis
trict.
A Proper Dover Law.
On the subject of dover the question
arises, What ought the law to be? About
thirty states Of the Union have abolished
the common law right of dover and cur
tesy, and made various provisions for the
surviving wife or husband out of the de-
ceased wife or husbands estate. To me the
law Of Colorado On this subject appears the
best. That law aholf&hes common law right
Of dover and ciirttsy. and gives to the
surviving wife OF husband one-half of the
real estate OF the deceased party.
This law Ia a wise, humane and proper.
provision, worthy Of civilized community,
prevents an unjust N spfteful disposition Of
a testator's property, to the wrong and in
jury of the saEydving party. lessons the
chances Of ruinons litigation. and as the
survivor. II a wife, 10 at liberty to dispose
Of what the law gives her as she may see
fit. she Is therefore likely to receive proper
respect and treatment from her children
The law Of Colorado should be enacted
here, and the tnenbps now resting on real
estate In this District be removed.
JOHN 8. BLANKMAN.
He Was n Heavy Weight.