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JOINTURE

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Originally appearing in Volume V15, Page 491 of the 1911 Encyclopedia Britannica.

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JOINTURE , in See also:

law, a See also:

PROVISION (Lat. provisio)

provision for a wife after the See also:

DEATH

death of her See also:

HUSBAND

husband. As defined by See also:

Sir E. See also:

Coke, it is " a competent livelihood of See also:

FREEHOLD

freehold for the wife, of lands or tenements, to take effect presently in See also:

possession or profit after the death of her husband, for the See also:

LIFE

life of the wife at least, if she herself be not the cause of determination or See also:

FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture of it " (Co. Litt. 36b). A jointure is of two kinds, legal and equitable. A legal jointure was first authorized by the See also:

STATUTE

Statute of Uses. Before this statute a husband had no legal See also:

SEISIN (from M. Eng. saysen, seysen, in the legal sense of to put in possession of, or to take possession of, hence, to grasp, to seize; the O. Fr. seisir, saisir, is from Low Lat. satire, generally referred to the same source as Goth. satjan, O. Eng. set

seisin in such lands as were vested in another to his " use," but merely an equitable See also:

ESTATE (through O. Fr. estat, mod. flat, from Lat. status, state, condition, position, stare, to stand)

estate. Consequently it was usual to make settlements on See also:

MARRIAGE

marriage, the most See also:

general See also:

FORM (Lat. forma)

form being the See also:

settlement by See also:

DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed of an estate to the use of the husband and wife for their lives in See also:

JOINT (through Fr. from Lat. junctum, jungere, to join)

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 See also:

COMMON

common acceptation the word extends also to a See also:

SOLE (Solea)

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 See also:

ACT (Lat. actus, actum)

act; (3) it must be made before marriage—if after, it is voidable at the wife's See also:

election, on the death of the husband; (4) it must be expressed to be in See also:

SATISFACTION (Lat. salisfacerc, to satisfy)

satisfaction of See also:

DOWER (through the Old Fr. douaire from late Lat. dotarium, classical Lat. dos, dowry)

dower and not of See also:

PART

part of it. In See also:

EQUITY (Lat. aequitas)

equity, any provision made for a wife before marriage and accepted by her (not being an See also:

INFANT (in early forms enfaunt, enfant, through the Fr. enfant, from Lat. infans, in, not, and fans, the present participle of fari, to speak)

infant) in lieu of dower was a See also:

bar to such.

If the provision was made after marriage, the wife was not barred by such See also:

pro-See also:

VISION (from Lat. videre, to see), or SIGHT

vision, though expressly stated to be in lieu of dower; she was put to her election between jointure and dower (see DowER).

End of Article: JOINTURE

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