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SECTION

6. Dower to be claimed within twenty years from death of husband except, &c.

7. Widow may occupy in common with heirs, with their assent.

8. Dower, how released.

9. how barred by jointure settled with wife's assent.

10.

by pecuniary provision.

11. If settled or made without wife's assent, she may elect.

12. Widow not dowable of wild lands. 13. If evicted, may be endowed anew.

14. Penalty for waste by tenant in dower.

15. Widow of intestate, without issue, to take
half of real estate for life, &c.

16. or may at her election have dower.
17. Undivided estate of widow in estate of hus-
band may be set off same as dower.

18. Widow may remain in house, &c.

19. Tenant by the curtesy.

20. Terms for one hundred years to be regarded as real estate, while, &c.

21. Such tenant a freeholder.

SECTION

25. Tenant at sufferance liable for rent.
26. Rent how recovered.

27. Action by or against executors, &c.

28. Landlords not deprived of other remedies.
29. Rent deemed necessaries.

30. Written leases, how terminated if rent is
not paid.

31. Tenancy at will, how terminated

32. Easements of light and air not acquired by

mere use.

33. Easements acquired by use for twenty

years.

34. Acquiring of such right prevented by no-
tice served and recorded.

35. Service of such notice when adverse claim-
ant is unknown.

36. Estates tail liable for debts, &c.
37. Contingent estates alienable.

38. Aliens may take, &c., real estate. Titles
confirmed.

39. S. J. C. may allow tenant for life to cut
grown trees.

40. Commissioners to superintend, &c.

22. Tenant in dower, &c., liable for part of 41. Proceeds may be invested and trustees ap

rent.

23. Prior devises, &c., of such terms not affected.

24. Tenant of part of land demised liable for rent.

pointed.

42. Income to be paid to tenant for life; princi-
pal to owner in fee.

43. Trustees may be removed; shall give
bond.

SECTION 1. Every woman shall be entitled to her dower at common Dower. law in the lands of her husband, to be assigned to her after his decease, unless she is lawfully barred thereof.

SECT. 2. If upon a mortgage made by a husband his wife has released her right of dower, or if the husband is seised of land subject to a mortgage which is valid and effectual as against his wife, she shall nevertheless be entitled to dower in the mortgaged premises as against every 3 person except the mortgagee and those claiming under him. If the 4 heir or other person claiming under the husband redeems the mortgage, 4 the widow shall either repay such part of the money paid by him as shall be equal to the proportion which her interest in the mortgaged premises bears to the whole value thereof, or she shall at her election be entitled to dower only according to the value of the estate after deducting the money paid for redemption.

R. S. 69, §1.

5 Met. 277.
11 Met. 566.
7 Gray, 537.
in right of re-

demption.

R. S. 60, § 2. 15 Mass. 278.

Pick. 475. ust. 257.

Gray, 46.

7 Gray, 148.

when and

how to be asbate court.

signed by pro

R. S. 60, § 3.

9

13

Mass. 9.

Met. 414.

4 Cush. 257.

SECT. 3. When a widow is entitled to dower in lands of which her husband died, seised, and her right is not disputed by the heirs or devisees, it may be assigned to her, in whatever counties the lands lie, by the probate court for the county in which the estate of the husband is settled; and the court shall for that purpose issue a warrant to three discreet and disinterested persons, authorizing them to set off the dower by metes and bounds, when it can be so done without damage to the whole estate. The commissioners shall be sworn to perform their duty faithfully and impartially according to their best skill and judgment. SECT. 4. When a woman is entitled to dower in lands owned by her Partition of husband as tenant in common, the probate court upon petition by her, made before asland may be and notice as in case of other partitions, may empower the commission- signing dower. ers to make partition of such lands, and then assign to her dower in the 1842, 73. portion set to the estate of her husband.

tate cannot be

SECT. 5. When the estate out of which dower is to be assigned Dower, how asconsists of a mill or other tenement which cannot be divided without signed when esdamage to the whole, the dower may be assigned of the rents, issues, or divided. profits, thereof, to be had and received by the widow, as a tenant in R. S. 60, § 4. common with the other owners of the estate.

SECT. 6. After the eighteenth day of March in the year eighteen to be claimed

within twenty

years from death of hus

band except,&c.

1858, 56, § 1.

Widow may oc

with heirs, with
their assent.
R. S. 60, § 6.
3 Pick. 475.

hundred and sixty-three, widows shall not be entitled to make claim for dower, or commence any action or other proceeding for the recovery thereof, unless the same is made or commenced within twenty years from the decease of the husband; except that if at the time of the husband's decease the widow was or shall be absent from the state, under twenty-one years of age, insane, or imprisoned, she may make such claim or commence such action or proceeding at any time within twenty years after such disability ceases.

SECT. 7. When a widow is entitled to dower in lands of which her cupy in common husband died seised, she may continue to occupy the same with the children or other heirs of the deceased, or to receive one-third part of the rents, issues, or profits, thereof, so long as the heirs do not object thereto, without having her dower assigned; and whenever the heirs or any of them deem it proper to hold or occupy their share in severalty, the widow may claim her dower and shall have the same assigned to her according to law.

5 Pick. 146.

Dower, how released.

R. S. 60, § 7. 1856, 169.

3 Mason, 347. 3 Greenl. 63.

7 Mass. 14.

8 Pick. 536.
18 Pick. 9.
6 Cush. 196.

how barred
by jointure.
R. S. 60, § 8.
7 Mass. 153.

15 Mass. 106. 2 Cush. 467.

6 Cush. 196.

by pecuniary provision. R. S. 60, § 9.

If jointure is

without wife's

SECT. 8. A married woman may bar her right of dower in any estate conveyed by her husband, or by operation of law, by joining in the deed conveying the same, and therein releasing her right to dower; or by releasing the same by a subsequent deed executed separately, or jointly with her husband. And her dower may also be released in the manner provided in chapter one hundred and eight.

SECT. 9. A woman may also be barred of her dower in all the lands of her husband, by a jointure settled on her with her assent before her marriage: provided, such jointure consist of a freehold estate in lands for the life of the wife at least, to take effect in possession or profit immediately on the death of the husband; her assent to such jointure being expressed, if she is of full age, by her becoming a party to the conveyance by which it is settled, and if she is under age, by her joining with her father or guardian in such conveyance.

SECT. 10. Any pecuniary provision made for the benefit of an intended wife, and in lieu of dower, shall, if assented to as provided in the preceding section, bar her right of dower in all the lands of her husband. SECT. 11. If such jointure or pecuniary provision in lieu of dower is settled or made made before the marriage and without the assent of the intended wife, assent, she may or if it is made after marriage, it shall bar her dower, unless within six months after the death of her husband she makes her election to waive such provision and be endowed of the lands of her husband. If the husband dies while absent from his wife, she shall have six months after notice of his death within which to make such election; and she shall in all cases have six months for that purpose, after notice of the existence of such jointure or provision.

elect.

R. S. 60, § 10.

Widow not

fands.

SECT. 12. A widow shall not be endowed of wild lands of which her dowable of wild husband dies seised, nor of wild lands conveyed by him, although they should be afterwards cleared; but this shall not bar her right of dower in any wood lot or other land used with the farm or dwelling-house, although such wood lot or other land has never been cleared.

R. S. 60, § 12. 15 Mass. 164. 1 Pick. 21.

7 Pick. 143.

If evicted, may be endowed

anew.

R. S. 60, § 13. 13 Mass. 168. 1 Met. 66.

Penalty for

waste by tenant in dower.

R. S. 60, § 15. 5 Mason, 13. 7 Pick. 152.

Widow of intestate without is

SECT. 13. If a woman is lawfully evicted of lands assigned to her as dower or settled upon her as jointure, or is deprived of the provision made for her by will or otherwise in lieu of dower, she may be endowed anew in like manner as if such assignment, jointure, or other provision, had not been made.

SECT. 14. If a tenant in dower commits or suffers waste on the premises held in dower, she shall forfeit the place wasted, and also the amount of damage done to the premises, to be recovered in an action of waste by the person having the next immediate estate of inheritance.

SECT. 15. When a man dies seised of lands, tenements, or hereditasue to take half ments, or of any right or interest therein in fee simple, not having lawfully devised the same, and leaving a widow, but no issue, the widow in

of real estate

lieu of dower shall be entitled to one-half of said estate during her for life, &c. natural life; and if any part thereof taken by the widow is wild or 1854, 406, §§ 1, woodland, she may use, clear, and improve, the same.

2, 4.

SECT. 16. The widow may have her dower instead of the provisions Widow may at of the preceding section, if within six months of the date of the letters her election of administration she files in the probate office her election to claim 1851, 406, § 4. dower.

have dower.

estate of hus

set off same as

dower.

1850, 111.

SECT. 17. When a widow is entitled to any undivided part, or the Undivided esuse and improvement of any undivided part, of the real estate of her tate of widowin husband for the term of her life or widowhood, by the provisions of the band may be will of her husband, in lieu of dower, or by any provisions of law, the probate court in the county where the estate of the husband is settled, may cause her interest in said estate to be set off and assigned to her in like manner as dower. SECT. 18. A widow may remain in the house of her husband forty widow may redays after his death without being chargeable with rent.

1858, 33.

main in house,

&c.

Tenant by the

1845, 208.

1857, 249.
2 Gray, 457.

SECT. 19. When a man and his wife are seised in her right, and when R. S. 60, § 16. a married woman is seised to her sole and separate use, free from the See Ch. 96, § 5. control of her husband, of any estate of inheritance in lands, and they curtesy. shall have issue born alive which might inherit the same, the husband R. S. 60, § 17. shall on the death of his wife hold the lands for his life as a tenant 1855, 304. thereof by the curtesy. SECT. 20. When land is demised for the term of one hundred years Terms for 100 or more, the term shall, so long as fifty years thereof remain unexpired, years regarded be regarded as an estate in fee simple, as to every thing concerning the &c. descent and devise thereof upon the decease of the owner, the right 5 Mass. 419. of dower therein, the estate in lieu of dower, and the sale thereof by See Ch. 133, § 40. executors, administrators, or guardians, by license from any court; and also as to the levying of executions thereon, and the redemption thereof when taken on execution or mortgaged.

SECT. 21. Whoever holds as lessee or assignee under such a lease, shall, so long as fifty years of the term are unexpired, be regarded as freeholder for all purposes.

as real estate,

R. S. 60, § 18.

Such tenant a a R.S. 60, $19.

freeholder.

for part of rent.

SECT. 22. When dower, or an estate in lieu of dower, is assigned out Tenant in dowof such land, the widow and her assignee shall be held to pay to the er, &c., liable owner of the unexpired residue of the term, in case of dower, one-third, R. S. 60, § 20. and in case of an estate in lieu of dower, one-half, of the rent reserved in the lease under which the husband held the term.

&c., of such

SECT. 23. No devise of any such term by will, made before the first Prior devises, day of June in the year one thousand eight hundred and thirty-four, terms not affect although the devisor shall have died after that day, and no other con- ed. R. S. 60, § 21. veyance thereof made before said first day of June, shall be controlled 10 Mass. 437. or affected by any thing contained in the three preceding sections. SECT. 24. Every person in possession of land out of which rent is due, whether it was originally demised in fee or for any other estate of freehold, or for any term of years, shall be liable for the amount or proportion of rent due from the land in his possession, although it only a part of what was originally demised.

is

Tenant of part

of land demised liable for rent.

R. S. 60, $22. 22 Pick. 565.

17 Mass. 440.

2 Met. 504.

3 Cush. 206.

at sufferance,

SECT. 25. Tenants at sufferance in possession of lands or tenements shall be liable to pay rent therefor for such time as they may occupy or liable for rent. detain the same.

SECT. 26. Such rent may be recovered in an action of contract; and Rent, how rethe deed of demise or other instrument in writing, if there is any, show-covered. R. S. 60, § 23, ing the provisions of the lease, may be used in evidence by either party 1852, 312. to prove the amount of rent due from the defendant.

tors, &c.

SECT. 27. Such action may be brought by or against executors and Action by or administrators, for any arrears of rent accrued in the lifetime of the against execu deceased parties respectively, in the same manner as for debts due from R. S. 60, § 24. or to the same parties in their lifetime on any personal contract.

Landlords not

deprived of oth-
er remedies.
R. S. 60, § 25.
Rent deemed
necessaries.
1859, 127.

Written leases,
how termi-
nated if, &c.

1847, 267, § 1.

8 Cush. 283.

2 Gray, 224.

See Ch. 137, § 3.

how termi-
nated.

SECT. 28. Nothing contained in the eight preceding sections shall deprive landlords of any other legal remedy for the recovery of their rents, whether secured to them by their leases or provided by law.

SECT. 29. Debts for the rent of a dwelling-house, occupied by the debtor or his family, shall be held to be claims for necessaries.

SECT. 30. Upon neglect or refusal to pay the rent due according to the terms of any written lease, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease.

SECT. 31. Estates at will may be determined by either party, by Tenancy at will, three months' notice in writing for that purpose given to the other party; and when the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment; and in all cases of neglect or refusal to pay the rent due on a lease at will, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease.

R. S. 60, § 26.
17 Mass. 282.
1 Pick. 43.

2 Pick. 70.

6 Pick. 339.

23 Pick. 104.

2 Met. 29.

12 Met. 300.

13 Met. 275.

5 Cush. 133, 563.
6 Cush. 87.

Easements of

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SECT. 32. Whoever has erected or may erect any house or other light, &c., not building near the land of another person, with windows overlooking such land, shall not by the mere continuance of such windows acquire any easements of light or air, so as to prevent the erection of any building thereon.

acquired by use.
1852, 144.

6 Gray, 255.

acquired by

SECT. 33. No person shall acquire a right or privilege of way, nor use for 20 years. any other easement, from, in, upon, or over, the land of another, by the adverse use or enjoyment thereof, unless such use has been continued uninterrupted for twenty years.

R. S. 60, § 27.

1852, 144.

7 Met. 398.

acquiring of, prevented by notice served

and recorded.

R. S. 60, § 28.
1852, 144.

1-302185°

See Ch. 154, § 14.

1557.

Service of such

verse claimant
is unknown.

SECT. 34. The owner of the land in such case may give notice in writing, to the person claiming or using the privilege, of his intention to dispute the right of way or other easement, and to prevent the other party from acquiring such right; and such notice, being served and reCorded as hereafter provided, shall be deemed an interruption of such use, and shall prevent the acquiring of a right thereto by the continuance of the use for any length of time thereafter. Such notice shall be served like an original summons in civil actions on the other party, or his agent, or guardian, if within the state, otherwise on the tenant or occupant of the estate, if there is any, and if not, a copy of the notice shall be affixed to the house or to some other conspicuous part of the premises. The service shall be indorsed and returned on the original paper; and the notice with the return shall be recorded in the registry of deeds for the county or district where the land lies, within three months after the service. Every such notice given by the guardian or agent of the owner of the land shall have like effect as if given by himself.

SECT. 35. The notice under the preceding section, when an owner of notice when ad- the adjoining land to be notified is unknown, may be given by conspicuously affixing to or posting on the premises a copy thereof, and serving the same on the person to whom the premises were last assessed for taxes in the place where they lie, and recording the same as required in said section.

1851, 218.

Estates tail, lia-
ble for debts,
&c.

R. S. 60, § 29.
4 Mass. 195.
3 Gray, 183.

Contingent es-
tate alienable.

R. S. 60, § 30.

SECT. 36. All lands held in fee tail shall be liable for the debts of the tenant in tail, both in his lifetime and after his decease, like estates in fee simple; and when taken on execution, or sold by executors, administrators, or guardians, the creditor or purchaser shall hold the same in fee simple; but this shall not extend to lands in which the debtor has only an estate tail in remainder.

SECT. 37. When any contingent remainder, executory devise, or other estate in expectancy, is so granted or limited to any person that

in case of his death before the happening of the contingency the estate would descend to his heirs in fee simple, such person may, before the happening of the contingency, sell, assign, or devise, the premises, subject to the contingency.

estate,

SECT. 38. Aliens may take, hold, transmit, and convey, real estate; Aliens may and no title to real estate shall be invalid on account of the alienage of take &c., real any former owner; but nothing contained in this section shall defeat 1852, 29, 86. the title to any real estate heretofore released or conveyed by the commonwealth or by authority thereof.

15 Pick. 349.

low tenant for

SECT. 39. When woodland is held by one person for life, with re- s. J. C. may almainder or reversion to another in fee simple or fee tail, and the trees life to cut grown thereon have come to an age and growth fit to be felled, and are in such trees. a state that they will probably become of less value by standing, the R. S. act of supreme judicial court may, on the petition of a party interested therein, amend. § 7. order the trees or any part thereof to be felled and sold.

R. S. 60, § 33.

SECT. 40. The court in such case shall appoint one or more commis- Commissioners sioners to superintend and direct the felling and sale of the trees, and to superintend, to account to the court for the proceeds thereof.

&c.

R. S. 60, § 34.
R. S. act of

amend. § 7.
Proceeds may
be invested, and
pointed.

trustees ap

R. S. 60, § 35.

SECT. 41. The court may cause the proceeds of such sale, after deducting therefrom all necessary expenses and charges, to be invested in other real estate, or in public stocks, or other stocks or funds, as shall appear most for the interest of all concerned therein; and may appoint one or more trustees to take and hold such estate or stocks, and to dis- R. S. act of pose of the same and of the interest or income thereof, under the direc- amend. § 7. tion of the court, to and for the use of the persons entitled to the land. SECT. 42. The interest and income of the proceeds shall be paid to Income to be the tenant for life, so long as he is entitled to the profits of the land, for life; princiand upon the determination of his estate, the principal shall belong to pal to owner in the person who is entitled to the land in fee simple or fee tail; and the R. S. 60, § 36. real estate, stocks, or funds, in which the proceeds are invested, shall be R. S. act of conveyed and transferred to such person accordingly.

paid to tenant

fee.

be removed;

amend. § 7. SECT. 43. The court may from time to time remove the trustees and Trustees may appoint others in their stead; and every trustee shall give bond with shall give bond. sufficient sureties to the clerk of the court, or to such other person as the court shall designate, for the use and benefit of the persons interested in the proceeds, with condition for the faithful discharge of the trust.

R. S. 60, § 37 amend. § 7.

R. S. act of

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