1822 - Edocs

Devise shall bar
dower.
Widow may
choose
"Within one year
Widow enjoy the
mansion rent free.
"Widow deforced.
Widow claiming
dower— petition
124
EDMUND LAW,
President of the Legislative Council,
[.i/ifiroved September L3M, 1822.]
WILLIAM P. DUVAL,
Governor of the Territory of Florida.
TEST,
ROBERT MITCHELL,
Clerk of the Legislative Council.
AN ACT
Concerning' Dower and Jointure inlands and slaves of Widows.
1. Be it enucted by the Governor unci Legislative Coun-
cil of the Territory o r Florida, That, if any testator shall
devise or bequeath to his wife any portion of his estate,
such devise or bequest shall be deemed and be taken in
lieu and bar of dower, out of the estate i»f her deceased
husband ; in like manner as if the same were expressed;
unless such testator shail by his last will and testament
declare otherwise, Provided that nothing in this section
contained, shall deprive the widow of her choice, either
to dower of the estate, or to the part or portion so devised
or bequeathed to her ; and it shall and may be lawful for
any such widom, who will make choice of her dower
within one year from the time of the death of the testator
before the circuit court, or by deed executed and acknowledged
before any justice of the peace of the county, and
filed and entered on the clerks oflice of said court, to declare
that she will not accept the provisions made for her
by said will, or any part thereof ; and renounce all benefits
which she might claim, by such will ; hut every widow
not making- such declaration within the time aforesaid,
shall have no more of her husbands estate than is
given to her by will.
2. Be it further enacted, That, any widow after the
death of ner husband may tarry in the mansion place of
her husband, and the plantation thereto belonging, rent
free, until her dower shall be assigned to her. And whosoever
shall deforce widows of their dower of lands,
wherof the husband died seized, or of such mansion house
or plantation, shall pay damages to the widow, to the value
of the whole dower to them belonging, from the time
of the death of their husbands, until the day that they shall
in due course of law recover possession of such dow-
er.
3. Be it further enacted, That, any vvidow claiming
dower in lands or slaves, may present her petition stating
the circumstances of the case to the judge of the circuit
court of the county, where such lands lie, or in which the
slaves may be found, of which she claims dower, in term
time ; or file her petition in vacation, in the clerks office