Life estate

A life estate can last only as long as a particular person lives. The land then reverts to the original owner or his heirs. The holder of a life estate could not sell or devise title to the land, though they could assign their lifetime right in it.

Timeframe before the American Revolution

A husband was legally bound to support his wife during their marriage. Dower was designed to continue that support after his death. Specifically, the widow acquired a one-third interest in whatever real estate her late husband owned. She had a right to one-third of the usage, income, and enjoyment of the land — and that right to income was protected from claims by her husband’s creditors.

During the marriage, the husband had an unrestricted right to the use of and income from any land that his wife might bring into the marriage or inherit. This was called an estate by marital right. This condition lasted only as long as both spouses were alive, so the husband’s interest did not extend beyond the wife’s death — unless they produced a child. If the couple produced a child who became, or might conceivably become, her heir then the husband’s interest effectively became a life estate for the duration of his own life. When the wife died, title would pass to her heir subject to the life estate of her husband – the husband would possess the land as a tenant by the curtesy of the law. Only at the death of the husband would her heir would have unrestricted possession.

Relinquishment of Dower

When the husband sold land, it was the normal practice for the wife to relinquish her dower interest so that title would pass free of her potential future claim. If she failed to do so and eventually outlived her husband, she could claim her one-third from whoever owned the land at the time.