Probate & Trust Law Section Conference Manual ... - Minnesota CLE

2. HISTORICAL PERSPECTIVE
a. Pre – 1985
The law of dower as practiced at common law controlled the rights of a wife in
most circumstances with respect to real property of the deceased husband.
b. Post - 1875
In 1875 an act to abolish estates in dower and by curtsey, and provide for estates
of inheritance or otherwise in lien thereof, was enacted abolishing estates in
dower. The 1875 act enacted after making provisions regarding homestead
rights, provide that a surviving husband or widow shall be entitled to an undivided
one-third interest in all lands of which the decedent possessed, free of any
testamentary disposition to which the survivor had not assented to in writing. 3
a. Pre – 1985
3. MODERN VERSIONS
In a 1961 statutory scheme, a surviving spouse was entitled to one-third of the
real and personal property interest of the decedent, subject to payments for
administration expenses, funeral expenses, expenses of last illness, taxes and
debts. This right was free of any other testamentary disposition to which the
survivor had not consented to in writing. 4
Note that under the 1961 statute, if the spouse and only one child of the
decedent survive, the spousal share was increased to one-half of the real and
personal property interests. 5
3 See Washburn Supra at 326
4 Minn. Stat. § 525.16 (3) 1961, Repealed
5 Minn. Stat. § 525.16 (3) 1961, Repealed
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