Features of an Estate for Life.

A tenant for life (as one possessed of a life estate is called) cannot generally claim any compensation for repairs or improvements which he may put upon the estate; though it has been held that if a building is not in tenantable condition when he first comes into possession of it, he may charge the expense of making it tenantable upon the party who is to come into ultimate possession.

Ordinary taxes are usually paid by the tenant for life. When there are incumbrances upon the estate, as a mortgage for instance, the life tenant must usually pay the interest, and sometimes also a part of the principal proportioned to the value of his interest in the estate, said interest to be estimated by an ingenious arrangement called "life tables," the same system as that used in computing the premium to be paid for life insurance.

The Right to Emblements, etc.

A tenant for life may cut such wood from the premises as he needs for actual present use as fuel, or for repairs upon the estate, and no more.

He has also a right to emblements-that is, the crops raised on the land-to compensate him for tilling the soil. The grass and other natural products of the land, other than trees, are his during his life only; but the annual crops which he has sown belong to his heirs or personal representatives, even after his death.

This right to emblements pertains also to a tenant of land by a lease as well as for life; and if a landlord wrongfully ejects the tenant before the lease ends, the lessee may enter upon the land and reap the crops which he had sown, without being guilty of trespass.

But if the lease expires before the crops are ready for the harvesting, the tenant loses them.

Waste.

For a tenant to cut down trees when not needed for fuel or repairs; or to injure the land or buildings (either by acts or by negligence) beyond the mere wear and tear resulting from careful usage, is called waste; and a tenant, either for life or for years, may be held liable in damages for any waste which he causes or permits upon the estate.

All these particulars concerning the nature of an estate for life, are of special importance to women, because the estates by curtesy and dower are estates for life. [See following Chapter.]

CHAPTER XXI.

REAL PROPERTY, CONTINUED.

Estates for Life Continued-The Estate by Curtesy-The Estate of Dower-The Property to which Dower attaches-Requisites of Dower-Dower in Mortgaged Property and in Equitable Estates-How Dower May be Lost-Wife's Deed or Mortgage of Release— Dower Cannot be Barred by Contract Between Husband and Wife after Marriage-May be Barred by Contract Before Marriage-Widow May Elect Between Dower and Provision of Husband's WillDower Must be Set Out Promptly-How Dower Should be Set Out-Dower Attaches to Property Conveyed without Wife's Release-When Value of Property Has Increased After Conveyance.

Estate by Curtesy.

The estate by curtesy is the right which a husband may have, at common law, after his wife's death, to remain in possession for life, of all real property of which she was possessed in fee simple during the marriage. To give him this right, there must have been a legitimate child born alive to them. The land and buildings then become his, for his lifetime, immediately upon his wife's death; and she cannot, by deed or by will, deprive him thereof, his signature being requisite to any deed of her land, by which to convey a

perfect title to the purchaser. Without his signature the purchaser takes the title subject to the husband's right of curtesy.

It is said that this right originally arose because the father was liable for the support of the children, but whether the children live or die, and whether he supports them or not, his estate by curtesy is equally sure, and cannot be taken from him.

If the parties be divorced the right of curtesy ceases in most states. [See Abstracts, Title "Divorce."]

Curtesy has been abolished in some states, and changed in others. [See Abstracts, Title "Curtesy and Dower."]

Dower.

Dower is the oldest and most universal provision made for a widow from the property of her deceased husband. Like curtesy, it is an ancient common law right, it being said, centuries ago, that "the law favoreth three things-life, liberty, dower."

The right of dower gives to a widow the possession, for her lifetime, of one-third of all the real property of which her husband was possessed in fee simple during the marriage, provided that she has not in any lawful way, released her claim therein.

The Property to Which Dower Attaches.

If he has merely taken a lease of the property for a term of years, however long the term and however little of it may have expired at his death, the widow takes no dower, unless by statute, as in Massachusetts, where a law specially provides that if the lease be for a hundred years or more, and fifty years of the term remain unexpired at the husband's death, the wife

shall take dower in it, and the heirs take the other two-thirds, just as they would do if it were an estate in fee simple.

In Connecticut, on the contrary, it has been held that an estate for nine hundred and ninety-nine years, of which but a few had expired, gave the widow no dower, and where this rule obtains, advantage is often taken of it to avoid the wife's right in her husband's property, a lease being given for a great number of years instead of a deed.

It must be remembered that the right of dower attaches only to such real property as the husband has actual possession of, or to which he has the right of actual, immediate possession, during the marriage. Thus A and B are husband and wife. The husband, A, is to come into possession of certain land on the death of a third person, C, who has it for his life. Now if C dies before A, then A enters into actual possession, and at A's death, B takes her dower in it. But if A dies before C, though but a day earlier, A has never had actual possession, nor the right thereto, and B takes no dower therein.

Requisites of Dower.

The widow's dower attaches whether she has had any children or not, the only requisites being a lawful marriage, possession or right to possession of the property by the husband during the marriage, and the death of the husband.

As has been already stated [See Chapter 9], a widow takes no dower in property purchased by her husband and others as business partners, for partnership purposes and with partnership money, unless property remains after the settlement of partnership