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 greater estate, or be determinable by her own act; (3) it
must be made before marriage--if 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 provision, though
expressly stated to be in lieu of dower; she was put to her election
between jointure and dower (see DOWER).
Public-domain text, read in full here on John Shaqi.
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