You are confusing the meaning of dower with dowry. The wife's dower rights
to an estate had nothing to do with any gift her father may have made to her
and her husband as a result of the marriage. It was a specific right to 1/3
of the support (or the earnings) that could be derived from all property
her husband owned during their marriage, regardless of whether it came from
his parents, her parents, or their own earnings and accumulations during the
marriage. Most gifts at marriage (dowry if you want to call them that) were
made to the husband, and even if they were not explicitly done so, in
Maryland, the husband had complete ownership and disposition of them,
subject only to the wife's "dower rights." A few exceptions, in encumbered
estates, notwithstanding. Her dower right was her right to support from her
husband's property. She could not sell dower right property, generally,
without the consent of any legal heirs -- i.e. sons. What her husband is
offering her, is property, in lieu of dower right. If she had not, all of
her children's bequests of property would have been encumbered with her
legal right to dower. Also, when women refuse these provisions, this
refusal of the provisions of the will and election to take dower instead,
which happened fairly often, is usually done when the will is presented for
probate.
Patricia Abelard Andersen
Editor/Publisher Western Maryland Genealogy
Librarian/Genealogist, Montgomery Co. Historical Society
URL:
www.genlawresources.com
-----Original Message-----
From: MDGEN-D-request(a)rootsweb.com <MDGEN-D-request(a)rootsweb.com>
To: MDGEN-D(a)rootsweb.com <MDGEN-D(a)rootsweb.com>
Date: Monday, July 24, 2000 3:00 PM
Subject: MDGEN-D Digest V00 #154