4. ARKANSAS STATUTE OF DESCENT-DOWER AND ASSIGNMENT THEREOF.

SECTION

608. Form for the petition for the assignment of dower.

609. Form for answer of heirs joining in the prayer of the petition.

610. Decree of court awarding dower to widow.

611. The writ of dower issued by the clerk of the sheriff.

SECTION

612. The return of the sheriff of his proceedings and of the commissioners assigning dower. 613. The decree of the court confirming the report of the commissioners assigning dower. 613a. Curtesy under Arkansas law -Tenant by curtesy defined.

Sec. 569. Widow's dower in lands.

A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage, unless the same shall have been relinquished in legal form.1

Sec. 570. Widow of an alien to have the same dower as if her husband had been a native born citizen.

The widow of an alien shall be entitled to dower of the estate of her husband in the same manner as if such alien had been a native born citizen of this State.2

Sec. 571. Dower in case of exchange of land.

If a husband seized of an estate of inheritance in lands exchange it for other lands, his widow shall not have dower of both, but shall make her election to be endowed of the lands given or of those taken in exchange; and if such elec

1 Section 2,571, Mansfield's Digest of the Arkansas statutes; Sec. 1,856, Ind. Ter. Stat. (1899); Indian Land Laws (Bledsoe), Sec. 660; Kerby v. Ventrese, 36 Ark. 368; Tate v. Jay, 31 Ark. 576; Pennington v. Yell, 11 Ark. 219; Webb v. Smith, 40 Ark. 17; Watson Billings, 32 Ark. 278; Livingston v. Cochran, 33 Ark. 296; Cockrell v. Armstrong, 31 Ark. 580; Pillow v. Wade, 31 Ark. 678; County v. Marhling, 30 Ark. 17; Dewey v.

V.

Montgomery, 28 Ark. 256; Tognier v. Christian, 27 Ark. 306; Apperson v. Bolton, 29 Ark. 418; Rockafellow v. Pay, 40 Ark. 69; McWhorter v. Roberts, 40 Ark. 283; Hewitt v. Cox, 55 Ark. 225; 15 S. W. 1,026; Weaver v. Rush, 62 Ark. 51; 34 S. W. 256; Horton v. Hilliard, 58 Ark. 298, 24 S. W. 242.

2 Section 2,572, Mansfield's Digest; Sec. 1,860, Ind. Ter. Stat. (1899); Sec. 661, Bledsoe's Indian Land Laws.

tion be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange within one year after the death of her husband, she shall be deemed to have elected to take her dower in the lands received in exchange.3

Sec. 572. Mortgage of husband not to affect widow's dower. Where a person seized of an estate of inheritance in lands shall have executed a mortgage of such estate before marriage, his widow shall nevertheless be entitled out of the lands mortgaged as against every person except the mortgagee and those claiming under him.*

Sec. 573. Otherwise where mortgage given for purchase

money.

Where a husband shall purchase land during coverture, and shall mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands as against the mortgagee or those claiming under him, although she shall not have united in such mortgage; but she shall be entitled to her dower as against all other persons."

Sec. 574. Widow's right in surplus after discharging mortgage for purchase money.

When in such case the mortgagee, or those claiming under him, shall, after the death of the husband of such widow, cause the land mortgaged to be sold, either under a power contained in the mortgage, or by virtue of a decree of a court of chancery, and any surplus shall remain after the

(1899); Bledsoe's Indian Land Laws, Sec. 663.

* Section 2,573; Mansfield's Digest; Sec. 1,861, Ind. Ter. Stat.

(1899); Bledsoe's Indian Land Laws, Sec. 662.

4 Section 2,574, Mansfield's Digest; Ind. Ter. Stat., Sec. 1,862

5 Section 2,575, Mansfield's Digest; Sec. 1,863, Ind. Ter. Stat. (1899); Sec. 664, Bledsoe's Indian Land Laws; Bernie v. Maur, 29 Ark. 591.

payment of the moneys due on such mortgage and the costs and charges of the sale, such widow shall be entitled to the interest or income of one-third of such surplus for her life as her dower."

Sec. 575. Widow not entitled to dower in lands held by her husband as mortgagee.

A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he has acquired an absolute estate therein during the marriage."

Sec. 576. In case of divorce or misconduct of wife, she shall not be endowed.

In case of divorce, dissolving the marriage contract for the misconduct of the wife, she shall not be endowed.

Sec. 577. Conveyance or provision in lieu of dower.

When an estate in lands shall be conveyed to a person and his intended wife, or to such intended wife alone, or to any person in trust for such person and his intended wife, or in trust for such wife alone, for the purpose of erecting a jointure for such intended wife, and with her assent, such jointure shall be a bar to any right or claim for dower of such wife in any land of the husband.o

Sec. 578. How assent given in such case.

The assent of the wife to such jointure shall be evinced, if she be of full age, by her becoming a party to the con

6 Section 2,576, Mansfield's Digest; Sec. 1,864, Ind. Ter. Stat. (1899); Sec. 665, Bledsoe's Indian Land Laws.

7 Section 2,577, Mansfield's Digest; Sec. 1,865, Ind. Ter. Stat. (1899); Sec. 666, Bledsoe's Indian Land Laws.

8 Section 2,578, Mansfield's Digest; Sec. 1,856, Ind. Ter. Stat.

(1899); Sec. 667, Bledsoe's Indian Land Laws; Wood v. Wood, 59 Ark. 441, 27 S. W. 641.

9 Section 2,579, Mansfield's Digest; Sec. 1,857, Ind. Ter. Stat. (1899); Sec. 668, Bledsoe's Indian Land Laws.

veyance by which it shall be settled; if she be an infant, by her joining with her father or guardian in such conveyance.10

Sec. 579. Assent of wife to bar dower, when.

Any pecuniary provision that shall be made for the benefit of an intended wife, and in lieu of dower, shall, if assented to by such wife, as above provided, be a bar to any right or claim of dower of such wife in all the lands of her husband.11

Sec. 580. Cases in which she may elect to accept provision or take dower.

If before her marriage, but without her assent, or if, after her marriage, lands shall be given or assured for the jointure of a wife, or a pecuniary provision be made for her in lieu of dower, she shall make her election whether she will take such jointure or pecuniary provision, or whether she will be endowed of the land of her husband, but she shall not be entitled to both.12

If land be divided to a woman, or a pecuniary or other provision be made for her by will in lieu of dower, she shall make her election whether she will take the land so devised or the provision so made, or whether she will be endowed of the lands of her husband.13

When a woman shall be entitled to an election under either of the two last preceding sections, she shall be deemed to have elected to take such jointure, devise or pecuniary provision, unless within one year after the death of her husband, she shall enter on the lands to be assigned to her for her

10 Section 2,580, Mansfield's Digest; Sec. 1,868, Ind. Ter. Stat. (1899); Sec. 669, Bledsoe's Indian Land Laws.

11 Section 2,581, Mansfield's Digest; Sec. 1,869, Ind. Ter. Stat. (1899); Sec. 670, Bledsoe's Indian Land Laws.

12 Section 2,582, Mansfield's Digest; Sec. 1,870, Ind. Ter. Stat. (1899); Sec. 671, Bledsoe's Indian Land Laws.

13 Section 2,583, Mansfield's Digest; Sec. 1,871, Ind. Ter. Stat. (1899); Sec. 672, Bledsoe's Indian Land Laws.