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107. In what estates does a widow have dower?
A. In all freehold estates of inheritance of which her husband was seized during coverture and which her issue could have inherited as heir of the husband. Tiedeman, Sec. 86.
108. Does a widow have dower in equitable estates ?
A. At present she does, but at common law she did not. Tiedeman, Sec. 87.
109. Does a wife have dower in lands which her husband held as trustee?
A. No she has no dower in such lands.
110. Can dower attach under a void marriage ?
A. No, the wife has dower only when there is a legal marriage. Tiedeman, Sec. 95.
III. At common law could a husband defeat the wife's right of dower.
A. He could not.
A. It was the right which the widow had to remain in the prinicpal house of her husband for a period of forty days after his death, during which time her dower should be assigned her. Tiedeman, Sec. 103.
113. What was dower by special custom?
A. It was where the wife received more or less than a third life interest in the husband's realty.
114. What was a writ of admeasurement?
A. It was a writ by which the widow compelled the assignment of her dower.
115. Prior to the death of the husband has the wife any interest in his realty?
A. She has merely a contingent interest which is called “dower inchoate” and not an estate in his land. Tiffany, Sec. 197.
116. Upon the death of a husband what is the dower right of his wife called?
A. A dower consummate. Tiffany, Sec. 198. 117. Explain generally homestead rights?
A. They are the rights given by statute in most of the states to enjoy land occupied as a homestead free from liability for debts. Tiffany, Sec. 213.
118. Who may claim the benefit of a homestead statute ?
A. Generally speaking, any person who is actually the head of the family. Tiedeman, Sec. 122.
119. What is a homestead?
A. It is the place where one dwells. Tiedeman, Sec. 123
120. How may a homestead be lost?
A. By alienation and by abandonment. Tiedeman, Sec. 126 and 127.
121. Is a tenant for years entitled to emblements ? A. No, he is not. Tiffany, Sec. 224. 122. What are fructus naturales?
A. They are the natural products of land not necessarily resulting from human labor, as fruit trees, etc. Tiffany, Sec. 223.
123. What are fructus industriales?
A. They are the products of land resulting from annual human labor. Tiffany, Sec. 223.
124. If the owner of land dies without making a devise thereof to whom do the fructus naturales pass?
A. To the heir.
125. Upon the death of the owner of land no devise thereof having been made to whom passes the fructus industriales?
A. “To the executor or the administrator as personal assets." Tiffany, Sec. 225.
126. What is an estate for years?
A. “An estate for years is one granted for a certain definite period of time by the owner of the freehold who in this conection is called the lessor, to one called the lessee to hold and enjoy during the time stipulated and under the conditions agreed upon.” Tiedeman,
127. How is a tenancy for years created ?
A. It is always created by contract. Tiedeman, Sec. 134.
128. Is an estate for years necessarily one for a number of years ?
A. No, the word years in this connection signifies a unit of time; and an estate for years may be for any period of time.
129. Into what two classes are covenants divided ? A. Express covenants and Implied covenants. 130. Can a lessee assign his lease?
A. Yes, unless he covenants to the contrary. Tiedeman, Sec. 139.
131. What is an implied covenant for quiet enjoyment?
A. It is a covenant for the quiet enjoyment of the property by the lessee so far as acts of the landlord and of strangers asserting a paramount title are concerned. Tiedeman, Sec. 144.
132. What is a covenant running with the land?
A. It is one beneficial only to the owner of the land relating to the preservation and improvement of the land and passes to the assignee of the lessor or lessee as the case may be. Tiedeman, Sec. 147.
133. How is the relation of landlord and tenant terminated?
A. a. By the eviction of the tenant; b. By his voluntary surrender of the premises. Tiedeman, Sec. 151.
134. What are the two kinds of eviction? A. Actual and constructive.
135. What is meant by letting land upon shares ?
A. It is an agreement between the owner and another person by which the other person is permitted to cultivate the land and in consideration therefor he gives the owner a certain share in the crops. Tiedeman, Sec. 160.
136. Does a conveyance of land carry with it a conveyance of all the manure thereon?
A. Yes, as it is against the policy of the law to permit the land to be impoverished. Tiffany, Sec. 243.
137. Is manure real or personal property?
A. The authorities differ, but the better rule seems to be that if it is scattered over the ground it is part of the soil and therefore realty, while if it is stacked or piled it is a chattel and is considered personal property. Tiffany, Sec. 245.
138. What is waste?
A. It is any injury to the permanent growths or to structures on land. Tiffany, Sec. 246.