New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-02-07

The rights OF husband and VIE In each other
reel estate is question Of especial interest to real
estate men. AR S.mouton, the author Of "A Hand
book OF Practical Law" has recently written al
srticle on this subject Ills article is as follows:
The vises right IN her hasbands real estate
known as Cover, ara ms cover ri6nt a - - -
snv share he acquires with oteor persons IS part
owner. and or rhi- GCUer right. which. while the
husband Is alive is kl WE 10y ihe -egaI term Oi
inchoate .slJ of dover the VIE cannot be deprived
the consent of the vac. with The exception 1n "a;
partners purchase real estate toE partneTsnlp
creditors thereof, free from the dover OF the wives
.hers IS \ l1or5aaaa on a. ~ he as part payment
gives q purchase money MORTGAGE on H. the VIE
dover as subject 70 such morigasfe -, -. .,t-,s
., -e.e CO. ~ rfT fsbs1is Ir5rerty ana W5iIes
with him: she loses her dover. IN NeN-A IN Il I1
husband obtains divorce from her. out II sac
while tie marriage relation eNisted continue 8 "a
most OF the States including NeM-s eTsey' aI'eI -
divorce the interest OF husband ana VIE IN eaoh
IfteT tie dean Of the husband the widows
wight Of dover becomes complete, ana TINS ls u :
winch the DECEASED husband seized during
marriage and ia which the vile dle not reIeahs
fight Of dover is waived by the widow accepting
some provision made ior ne py me VIII o. nsr
srsieS was made Tor her in lieu Of her dover. She
rpecS rot accent such provision but must msks
her election either retain her dover interest or
accent the legacy other provision. wilma q
STATED time On New-lork, within one Year, II ehe
Do MOI enter into the lana or enforce or calm
he dover within the time, she is deemed 10 nav e
waived Il and accepted The provision contaiHcd ~
abe will. II the widow die before the tine mas eN
ered. and she did not enforce her option, she Is
seemed 20 have accepted the provision
After the death Of the husband the widow may
tesin fl The house OF her late nusoaa ioIs oas =
free OF rent.
There ere statutory provisions under which the
rUidow nav proceed 10 enforce her dover. but the
tproceedirgs are rare. she usually agrees with
die heirs or deVlstcs of her late husband 10 the
surrender and release Of her dover.
A husband. ir New-Eork. has no interest IN the
real estate q his wife. and she may sen OF nor
gag ID without his consent. II ls Only IN tucn
real estate or which she dies seized. AID winch
fhe did not devis- chat is. give by VIII, that ne
has an interest. and Lu such real estate he has
what IS known estate uy courtesy, winch
Fgtate Is fhc right the Of such real estate
or taken for his certc. IN most OF the States in
Guiding NcN-JcrEcy. the husband has an innincal-
ate interest in mis- wifes read estate. and she cam
NOT sell nCrtFaEe win y without his consent
o. as deprive him ~ such interest and on her
de- "a he has the ~ all her real estate OF which
she dies seized for life.
II real estate is conveyed 20 both the husband
and VIE o. their Joint names and by The same
deed. then each. Oh the death OF The other. be-
comes the owner Of the whole property. Tree RON
she individual debts Of Tho diving. While both
ars alive each IS entitled 10 hale the rentals
This Joint interest is called estate by entirety
snd always arivc~ when land is conveyed TO them
by the same instrument, unless otherwise stated
r.