Legal Dictionary

dower

Definition of dower

Pronunciation

  • enPR: dauʹ-ər, IPA: /ˈdaʊər/, SAMPA: /"daU@r/
  • (UK) IPA: [ˈdaʊ.ə(ɹ)], SAMPA: ["daU.@(r\)]
  • (US) IPA: [ˈdaʊ.ɚ], SAMPA: ["daU.@`]
  • Rhymes: -aʊə(r)
  • Homophones: dour

Noun

dower (plural dowers)

  1. (law) that part of a deceased's property provided to his widow
  2. (law) property given by a woman to her husband at marriage, a dowry.

Synonyms

Verb

to dower (third-person singular simple present dowers, present participle dowering, simple past and past participle dowered)

  1. to give a dower or dowry
  2. to endow

Anagrams

  • rowed
  • worde

Further reading

Dower or morning gift (Latin doarium, or Latinized Germanic morganaticum; Fr. douaire, German Morgengabe [Morgen, "morning," + Gabe, "gift"]) was a provision accorded by law to a wife for her support in the event that she should survive her husband (i.e., become a widow). It was settled on the bride by agreement at the time of the wedding, or provided by law. ("Settled" here refers to a gift into trust.)

The term "morning gift" derives from the Germanic practice of the bridegroom's officially granting the gift on the morning after the wedding night; making such a settlement was evidence that the marriage had been consummated and the bride had proven to be a virgin. However, in popular parlance, the term may be used for a life interest in property settled by a husband on his wife at any time, not just at the wedding. The verb is to dower (dower, dowers, dowered).

In popular usage, the term dower may be confused with:

  • A dowager is a widow (who may receive her dower). The term is especially used of a noble or royal widow who no longer occupies the position she held during the marriage.
  • Property brought to the marriage by the bride is called a dowry.
  • Property made over to the bride's family at the time of the wedding is a bride price. This property does not pass to the bride herself.

Meaning

Being for the widow and being accorded by law, dower differs essentially from a conventional marriage portion such as the dos of the old Roman law, the French dot, or the English dowry.

The bride received a right to certain property from the bridegroom or his family. It was intended to ensure her livelihood in widowhood, and it was to be kept separate and in the wife's possession.

Dower is the gift given by the groom to the bride, customarily on the morning after the wedding (hence morning gift, though all dowerings from the man to his fiancée, either during the betrothal period, or wedding, or afterwards, even as late as in the testamentary dowering, are understood as dowers if specifically intended for the maintenance of the widow).

Dower has been a property arrangement for marriage used apparently first in early medieval German cultures (such as Langobards and Goths), and the church drove its adoption into other countries, in order to improve the wife's security by this additional benefit.

The practice of dower was prevalent in the Germanic-descending and Scandinavic-descending parts of Europe, such as Sweden, Germany, Normandy and successor states of the Langobardian kingdom.

The husband was legally prevented from using the wife's dower - as contrasted with her dowry, which was brought to the marriage by the bride and used by both spouses. This often meant that the woman's legal representative, usually a male relative, became guardian or executor of the dower, to ensure that it was not squandered.

Usually, the wife was free from kin limitations to use (and bequeath) her dower to whatever and whomever she pleased. It may have become the property of her next marriage, been given to an ecclesiastical institution, or been inherited by her children from other relationships than that from which she received it.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



SHARE THIS PAGE

TOP LEGAL TERMS THIS WEEK
1.     lex situs
2.     landed property
3.     buggery
4.     lex fori
5.     lex causae
6.     AORO
7.     lex loci delicti commissi
8.     status quo
9.     Doctor of Laws
10.     Miranda warning