attaching upon es tates pur chased du doubt, before marriage, prevent this right from ever attach ing upon his inheritance, by making a jointure on his intended wife, according to the 27 Hen. 8. c. 10.; but ring the if he have not done so, not only the sole legal estate of marriage. inheritance, of which he was seised at the time of the inarriage, but any future estate of the same kind, which he acquires during the marriage will be chargeable with dower. For this reason, it has employed the ingenuity of conveyancers to devise contrivances, by which husbands may purchase estates of inheritance, to which the title of dower shall not attach, although their wives have not been prevented by settlements before marriage. And the plans adopted for this purpose have their foundation in the exemption of joint estates and equitable estates of inheritance from the claim of dower. The modes of effecting this object are various. Sometimes the estate is limited to the By a limipurchaser, and a trustee and their beirs, but as to the estate of the trustee and his heirs, in trust for the purchaser and his heirs. Mr. Butler objects to this plan, because and their it exposes the purchaser to the chance of the trustee's heirs, in dying in his, the purchaser's lifetime, in which event the the purcharight of dower would attach; for, although, so long as the joint-tenancy subsists, the right to dower cannot arise, yet, if the trustee should die before the purchaser, he would be then solely seised. Another plan, with the same view, is, to limit the estate to the purchaser and a trustee, and the heirs of the trustee, but in trust for the purchaser.y the heirs of the trustee, in trust for the tation to the purchaser and a trustee trust for ser and his heirs. By a limithe purcha tation to ser and a trustee and purchaser. By a limitrustee and his heirs, in tation to trust for Sometimes the estate is limited immediately to the trustee and his heirs, in trust for the purchaser and his heirs, but all these modes are objected to by Mr. Butler, because "they keep the legal fee from the purchaser, and expose the purchahim to all the inconvenience of its escheating to the crown heirs. for want of heirs to the trustee, or of its becoming vested in infants, married women, or persons residing at a distance, not easily discoverable, or not willing to join in the ser and his By a limitation to such uses chaser shall appoint, and for want of appointment, to the use of a trustee, his conveyances required to be made of it." Mr. Butler further objects to these modes on this ground, that "sometimes even it may be considered to pass in the general devise of the trustee's will, and by that means become settled at law to uses in strict settlement, and therefore not to be regained but by a fine or common recovery, and till the existence of a tenant in tail not to be regained without the aid of Parliament." To prevent these inconveniences, Mr. Butler recommends, that, "the estates may be as the pur- first limited to such uses as the purchaser shall by deed or will appoint, and for want of appointment to the use of a trustee, his heirs and assigns during the life of the purchaser in trust for him, and subject thereto, to the use of the purchaser, his heirs and assigns." He adds, "if this method be adopted, no doubt will remain of the wife's right of dower being effectually prevented; the purchaser during his life will have the absolute command of the legal ser, in trust fee, and at his death it will descend upon his heir." Mr. Butler adds another mode, which he mentions as having been suggested by Mr. Fearne, in his Essay on Contingent purchaser, remainders, fourth edition, fol. 509, note. "The lands may be limited to the appointees of the purchaser in the fullest manner, and on default of appointment, to the use of him and his assigns during his life; and from and after appointees the determination of that estate by any means in his lifeof the purchaser, and time, to the use of some person and his heirs during the in default natural life of the purchaser, in trust for him and his assigns, of appointment to the and from and after the determination of the estate so use of him limited in use to the said trustee and his heirs, to the use and his assigns of the purchaser, his heirs and assigns for ever." during his heirs and assigns, during life of purcha for him, and subject thereto to the use of his heirs signs. tion to the life, and after the termination of that estate in his lifetime, to the use of trustee during life of purchaser, and after termination of estate of trustee and his heirs, to the use of purchaser, his heirs and assigns. 205 CHAPTER IV. OF JOINTURES AT THE COMMON LAW, AND ACCORDING TO THE 27 HEN. 8. c. 10. At the common the law, a join be or Ir has been seen that dower at the common law is an ture not a bar of dower, but take both. wife would A jointure according to the 27 Hen. 8. c. 10. a bar of dower. be not ac this act, the widow en titled to it and dower. с able, in full satisfaction of her dower, that was no bar of her dower, it being a collateral satisfaction for a title to a freehold. However, although the wife might have had her dower, and the jointure, she could not have had two dowers; namely, one at the common law, and one ad ostium ecclesiæ, or ex assensu patris for the wife of one husband can have but one dower." Such was the law before the 27 Hen. 8 c. 10. commonly called the statute of uses; but by the enactments of this statute a jointure possessing the qualities required by its provisions is declared to be a bar to the widow's claim If jointure of dower, and if it be not conformable to the act, then she cording to is declared to be entitled, as before at law, to both the jointure and her dower. The introduction of this clause respecting jointures into the statute of uses, is very satisfactorily accounted for by Lord Coke in his report of Vernon's case. He says, "Before the making of the statute of 27 Hen. 8. c. 10. the greatest part of the land in England was conveyed to sundry persons to uses, and forasmuch as a wife was not dowable of uses, her father or friends, upon her marriage procured the husband to take an estate from his feoffees or others seised to his use, to him and to his wife before or after marriage for their lives, or in tail for a competent provision for the wife after the husband's death; then comes the 27 Hen. 8., which transfers the possession and the estate of the lands to the use, by which the husbands were seised accordingly, and by consequence, if further provision had not been made, the wives would have had as well their dowers as their jointures, for the reasons aforesaid; and for this reason the branches concerning jointures were added to the said statute 27 Hen. 8." And accordingly, since the passing of this act, the common law right of a woman to the third part of all the lands and tenements whereof her husband was seised at any time during the coverture to hold for the term of her natural life, may be 91. c Vernon's case, 4 Rep. 1 b. Dyer. e 10 Car 1. c. 1. in Ireland. g Dver. 266. prevented by a jointure. This statute regulates the terms of the provision which is to preclude a woman from demanding dower out of her husband's estate after his decease. It recites, "That whereas divers, persons have purchased or have estate, made and conveyed, of and in divers lands, tenements, or hereditaments, unto them and to their wives, and to the heir of the husband, or to the husband and to the wife, and to the heirs of their two bodies begotten, or to the heirs of one of their bodies begotten, or to the husband and to the wife for term of their lives, or for term of life of the said wife; or where any such estate or purchase of any lands, tenements, or hereditaments, hath been, or hereafter shall be made to any husband, and to his wife in manner and form above expressed, or to any other person or persons, and to their heirs and assigns, to the use and behoof of the said husband and wife, or to the use of the wife, as is before rehearsed, for the jointure of the wife; that then and in every such case, every woman married having such jointure made, or hereafter to be made, shall not claim nor have title to have any dower of the residue of the lands, tenements, or hereditaments, that at any time were her said husband's, by whom she hath any such jointure, nor shall demand or claim her dower, of and against them that have the lands and inheritances of her said, husband; but if she have no such jointure, then she shall be admitted and enabled to pursue, have, and demand her dower by writ of dower, after the due course and order of the common law of this realm.” Plans of jointures proposed by the acts which shall be bars of dower. This statute proposes five different plans of jointures for the wife; first, to the husband and wife and to the heirs of the husband; secondly, to the husband and to the heirs of their two bodies; thirdly, to the husband and wife and to the heirs of the body of one of them; fourthly, to the husband and his wife for their lives; fifthly, to the husband and wife for the life of the wife. It has, however, been resolved, that these are not the only forms of settlements fore marby which dower may be barred under this statute, for that riage, not exactly in these five particular forms are put for examples only, and the terms of Jointure made be |