Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/143

 Ch. 8. this particular, and allowed the wife her dower. But a ubequent tatute revived this everity againt the widows of traitors, who are now barred of their dower, but not the widows of felons. An alien alo cannot be endowed, unles he be queen conort; for no alien is capable of holding lands. The wife mut be above nine years old at her huband's death, otherwie he hall not be endowed : though in Bracton's time the age was indefinite, and dower was then only due, "i uxor poit dotem promereri, et virum utinere ."

2. are next to enquire, of what a wife may be endowed. And he is now by law entitled to be endowed of all lands and tenements, of which her huband was eied in fee-imple or fee-tail at any time during the coverture; and of which any iue, which he might have had, might by poibility have been heir. Therefore if a man, eied in fee-fimple, hath a on by his firt wife, and after marries a econd wife, he hall be endowed of his lands; for her iue might by poibility have been heir, on the death of the on by the former wife. But, if there be a donee in pecial tail, who holds lands to him and the heirs of his body begotten on Jane his wife; though Jane may be endowed of thee lands, yet if Jane dies, and he marries a econd wife, that econd wife hall never be endowed of the lands entailed; for no iue, that he could have, could by any poibility inherit them. A eiin in law of the huband will be as effectual as a eiin in deed, in order to render the wife dowable; for it is not in the wife's power to bring the huband's title to an actual eiin, as it is in the huband's power to do with regard to the wife's lands: which is one reaon why he hall not be tenant by the curtey, but of uch lands whereof the wife, or he himelf in her right, was actually eied in deed. The eiin of the huband, for a tranitory intant only, when the ame act which gives Rh