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Encyclopedia Britannica



JOINTURE

This article appears in Volume V15, Page 491 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: JEE-JUN
JOINTURE , in law, a provision for a wife after the death of her husband. As defined by Sir E.
Coke
 , it is " a competent livelihood of freehold for the wife, of lands or tenements, to take effect presently in possession or profit after the death of her husband, for the
life
  of the wife at least, if she herself be not the cause of determination or forfeiture of it " (Co. Litt. 36b). A jointure is of two kinds, legal and equitable. A legal jointure was first authorized by the
Statute
  of Uses. Before this
statute
  a husband had no legal seisin in such lands as were vested in another to his " use," but merely an equitable estate. Consequently it was usual to make settlements on
marriage
 , the most general form being the
settlement
  by deed of an estate to the use of the husband and wife for their lives in
joint
  tenancy (or " jointure "), so that the whole would go to the survivor. Although, strictly speaking, a jointure is a
joint
  estate limited to both husband and wife, in common acceptation the word extends also to a sole estate limited to the wife only. The requisites of a legal jointure are: (1) the jointure must take effect immediately after the husband's death; (2) it must be for the wife's
life
  or for a greaterestate, or be determinable by her own act; (3) it must be made before marriageif after, it is voidable at the wife's election, on the death of the husband; (4) it must be expressed to be in
satisfaction
  of dower and not of
part
  of it. In
equity
 , any provision made for a wife before
marriage
  and accepted by her (not being an infant) in lieu of dower was a bar to such. If the provision was made after marriage, the wife was not barred by such pro-vision, though expressly stated to be in lieu of dower; she was put to her election between jointure and dower (see DowER).


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