ADMEASUREMENT OF DOWER
(bouvier) | ADMEASUREMENT OF DOWER, remedies. This remedy is now nearly obsolete, even
in England; the following account of it is given by Chief Baron Gilbert.
"The writ of admeasurement of dower lieth where the heir when he is within
age, and endoweth the wife of more than she ought to have dower of; or if
the guardian in chivalry, [for the guardian in socage cannot assign dower,]
endoweth the wife of more than one-third part of the land of which she ought
to have dower, then the heir, at full age, may sue out this writ against the
wife, and thereby shall be admeasured, and the surplusage she hath in dower
shall be restored to the heir; but in such case there shall not be assigned
anew any lands to hold to dower, but to take from her so much of the lands
as surpasseth the third part whereof she ought to be endowed; and he need
not set forth of whose assignments she holds." Gilb. on Uses, 379; and see
F. N. B. 148; Bac. Ab. Dower, K; F. N. B. 148; Co. Litt. 39 a; 2 Inst. 367
Dower; Estate in Dower.
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