Real Property

ARTICLE 6
DOWER AND CURTESY
Section 189. Estate of curtesy abolished.
190. Dower.
190-b. Lands reacquired by the husband.
191. Dower in lands exchanged.
192. Dower in lands mortgaged before marriage.
193. Dower in lands mortgaged for purchase-money.
194. Surplus proceeds of sale under purchase-money mortgages.
195. Widow of mortgagee not endowed.
196. When dower barred by misconduct.
196-a. When dower barred by dissolution of marriage.
197. When dower barred by jointure.
198. When dower barred by pecuniary provisions.
199. When widow to elect between jointure and dower.
200. Election between devise and dower.
201. When deemed to have elected.
202. When provision in lieu of dower is forfeited.
203. Effect of acts of husband.
204. Widow`s quarantine.
205. Widow may bequeath a crop.
206. Divorced woman may release dower.
207. Married woman may release dower by attorney.

S 189. Estate of curtesy abolished. The common law estate by the
curtesy in the real property of a wife dying after the thirty-first day
of August, nineteen hundred and thirty, and all its incidents, are
hereby abolished.

S 190. Dower. When the parties intermarried prior to the first day of
September, nineteen hundred and thirty, a widow shall be endowed of the
third part of all the lands whereof her husband was prior to the first
day of September, nineteen hundred and thirty, seized of an estate of
inheritance, at any time during the marriage. Except as hereinbefore
provided, after the thirty-first day of August, nineteen hundred and
thirty, no inchoate right of dower shall be possessed by a wife during
coverture, and no widow shall be endowed, in any lands whereof her
husband became seized of an estate of inheritance.

S 190-b. Lands reacquired by the husband. Lands in which the husband
did not have an estate of inheritance on September first, nineteen
hundred thirty, and in which the wife did not then have an inchoate
right of dower, shall not be subject to dower or an inchoate right of
dower if acquired by the husband after said date, although they had been
owned by the husband prior to said date.

S 191. Dower in lands exchanged. If a husband seized of an estate of
inheritance in lands, exchanges them for other lands, his widow shall
not have dower of both, but she must make her election, to be endowed of
the lands given, or of those taken, in exchange; and if her election be
not evinced by the commencement of an action to recover her dower of the
lands given in exchange, within one year after the death of her husband,
she is deemed to have elected to take her dower of the lands received in
exchange.

S 192. Dower in lands mortgaged before marriage. Where a person seized
of an estate of inheritance in lands, executes a mortgage thereof,
before marriage, his widow is, nevertheless, entitled to dower of the
lands mortgaged, as against every person except the mortgagee and those
claiming under him.

S 193. Dower in lands mortgaged for purchase-money. Where a husband
purchases lands during the marriage, and at the same time mortgages his
estate in those lands to secure the payment of the purchase-money, his
widow is not entitled to dower of those lands, as against the mortgagee
or those claiming under him, although she did not unite in the mortgage.
She is entitled to her dower as against every other person.

S 194. Surplus proceeds of sale under purchase-money mortgages.
Where, in a case specified in the last section, the mortgagee, or a
person claiming under him, causes the land mortgaged to be sold, after
the death of the husband, either under a power of sale contained in the
mortgage, or by virtue of a judgment in an action to foreclose the
mortgage, and any surplus remains, after payment of the money due on the
mortgage and the costs and charges of the sale, the widow is
nevertheless entitled to the interest or income of one-third part of the
surplus for her life, as her dower.

S 195. Widow of mortgagee not endowed. A widow shall not be endowed of
the lands conveyed to her husband by way of mortgage, unless he acquires
an absolute estate therein, during the marriage.

S 196. When dower barred by misconduct. In case of a divorce,
dissolving the marriage contract for the misconduct of the wife, she
shall not be endowed.

S 196-a. When dower barred by dissolution of marriage. In case of a
dissolution of the marriage because of the absence of the wife for five
successive years, as provided in section seven-a of the domestic
relations law, she shall not be endowed.

S 197. When dower barred by jointure. Where an estate in real property
is conveyed to a person and his intended wife, or to the intended wife
alone, or to a person in trust for them or for the intended wife alone,
for the purpose of creating a jointure for her, and with her assent, the
jointure bars her right or claim of dower in all the lands of the
husband. The assent of the wife to such a jointure is evidenced, if she
be of full age, by her becoming a party to the conveyance by which it is
settled; if she be a minor, by her joining with her father or guardian
in that conveyance.

S 198. When dower barred by pecuniary provisions. Any pecuniary
provision, made for the benefit of an intended wife and in lieu of
dower, if assented to by her as prescribed in the last section, bars her
right or claim of dower in all the lands of her husband.

S 199. When widow to elect between jointure and dower. If, before the
marriage, but without her assent, or, if after the marriage, real
property is given or assured for the jointure of a wife, or a pecuniary
provision is made for her, in lieu of dower, she must make her election
whether she will take the jointure or pecuniary provision, or be endowed
of the lands of her husband; but she is not entitled to both.

S 200. Election between devise and dower. If real property is devised
to a woman, or a pecuniary or other provision is made for her by will in
lieu of her dower, she must make her election whether she will take the
property so devised, or the provisions so made, or be endowed of the
lands of her husband; but she is not entitled to both.

S 201. When deemed to have elected. Where a woman is entitled to an
election, as prescribed in either of the last two sections, she is
deemed to have elected to take the jointure, devise or pecuniary
provision, unless within six months after the death of her husband she
enters upon the lands assigned to her for her dower, or commences an
action for her dower. But, during such period of six months after the
death of her said husband, her time to make such election may be
enlarged by the order of any court competent to pass on the accounts of
executors, administrators or testamentary trustees, or to admeasure
dower, on an affidavit showing the pendency of a proceeding to contest
the probate of the will containing such jointure, devise or pecuniary
provision, or of an action to construe or set aside such will, or that
the amount of claims against the estate of the testator can not be
ascertained within the period so limited, or other reasonable cause, and
on notice given to such persons, and in such manner, as such court may
direct. Such order shall be indexed and recorded in the same manner as a
notice of pendency of action in the office of the clerk of each county
wherein the real property or a portion thereof affected thereby is
situated.

S 202. When provision in lieu of dower is forfeited. Every jointure,
devise and pecuniary provision in lieu of dower is forfeited by the
woman for whose benefit it is made in a case in which she would forfeit
her dower; and on such forfeiture, an estate so conveyed for jointure,
or devised, or a pecuniary provision so made, immediately vests in the
person or legal representatives of the person in whom they would have
vested on the determination of her interest therein, by her death.

S 203. Effect of acts of husband. An act, deed or conveyance, executed
or performed by the husband without the assent of his wife, evidenced by
her acknowledgment thereof, in the manner required by law to pass the
contingent right of dower of a married woman, or a judgment or decree
confessed by or recovered against him, or any laches, default, covin, or
crime of a husband, does not prejudice the right of his wife to her
dower or jointure, or preclude her from the recovery thereof.

S 204. Widow`s quarantine. A widow may remain in the chief house of
her husband forty days after his death, whether her dower is sooner
assigned to her or not, without being liable to any rent for the same;
and in the meantime she may have her reasonable sustenance out of the
estate of her husband.

S 205. Widow may bequeath a crop. A widow may bequeath a crop in the
ground of land held by her in dower.

S 206. Divorced woman may release dower. A woman who is divorced from
her husband, whether such divorce be absolute or limited, or granted in
his or her favor, by any court of competent jurisdiction, may release to
him, by an instrument in writing, sufficient to pass title to real
estate, her inchoate right of dower in any specific real property
theretofore owned by him, or generally in all such real property, and
such as he shall thereafter acquire.

S 207. Married woman may release dower by attorney. A married woman of
full age may release her inchoate right of dower in real property by
attorney in fact in any case where she can personally release the same.