The dower right attaches only to real property,107 and not to all kinds of realty even; for instance, in many states dower is not given in wild lands, because to clear them for cultivation would be waste,108 and cause their forfeiture For the same reason a widow
101 See ante, pp. 35, 67. And see Stull v. Graham, 60 Ark. 461, 31 S. W. 46.
102 1 Stim. Am. St Law, § 3218.
103 Gaunt v. Wainman, 3 Bing. N. C. 69; Spangler v. Stanler, 1 Md. Ch. 36; Goodwin v. Goodwin, 33 Conn. 314; Whitmire v. Wright, 22 S. C. 446.
104 2 Bl. Comm. 132; 1 Scrib. Dower (2d Ed.) 373.
105 1 Scrib. Dower (2d Ed.) 374; Co. Litt 32a.
106 Co. Litt 32a; Stoughton v. Leigh, 1 Taunt 402; Bland, Ch., in Chase's Case, 1 Bland (Md.) 227; Weir v. Tate, 4 Ired. Eq. (N. C.) 264; Heibert v. Wren, 7 Cranch, 370.
107 Hallett v. Hallett 8 Ind. App. 305, 34 N. E. 740; Brackett v. Leighton, 7 Me. 383; Buckeridge v. Ingram, 2 Ves, Jr. 652. The term "widow's thirds," designating her share of the husband's personal estate, is sometimes applied to dower.
108 Conner v. Shepherd, 15 Mass. 164; Webb v. Townsend, 1 Pick. (Mass.) 21; White v. Cutler, 17 Pick. (Mass.) 248; Johnson v. Perley, 2 N. H. 56; Kuhn v. Kaler, 14 Me. 409. But see Shattuck v. Gragg, 23 Pick. (Mass.) 88; White v. Willis, 7 Pick. (Mass.) 143; Mosher v. Mosher, 15 Me. 371; Stevens v. Owen, 25 Me. 94; Lothrop v. Foster, 51 Me. 367. This is not true where clearing wild lands is not waste. Allen v. Mccoy, 8 Ohio, 418; Schnebly v. Schneb-ly, 26 III. 116; Brown v. Richards, 17 N. J. Eq. 32; Campbell's Case, 2 Doug. (Mich.) 141; Chapman v. Schroeder, 10 Ga. 321; Hickman v. Irvine's Heirs, 3 Dana (Ky.) 121 is not dowable of mines, unless they are open, so that she can work them.109
Inheritance by Issue.
Dower attaches only to those estates of the husband which issue of the wife, if born, might inherit110 Thus, if an estate is given to a man and his heirs begotten on the body of his wife, B., a subsequent wife could not have dower, because her issue could in no case inherit the estate. But it is not necessary that the wife have issue born, nor need there be a physical ability to bear offspring.111 Dower thus differs from curtesy, for which birth of issue is necessary.112