It was by Magna Charta provided that the widow should have the right to remain in her husband's principal mansion house for forty days after his death, within which period her dower should be assigned.68 In this country, the widow is, by statute, generally given a similar or analogous right; in some states it being extended to a longer period than forty days,-quite frequently a year,-and in some states it continues till dower is actually assigned. The statute has also occasionally extended the right to buildings and lands appurtenant to the manor house.69 The statutes, and the construction put thereon, usually allow the widow to occupy the premises by a tenant during the statutory period.70 Occasionally the statute gives the widow a temporary possession, in common with the heirs, of all the land of which the husband died seised.71

Clancy v. Stephens, 92 Ala. 577, 9 So. 522, 524; Shope v. Shaffner 140 111. 470, 30 N. E. 872; Hutchinson v. Lemcke, 107 Ind. 121, 8 N. E. 71; Hale v. Munn, 4 Gray (Mass.), 132; Simonton v. Brown, 72 N. C. 46; House v. Fowle, 22 Ore. 303; Contra, by force of statute, Garvin v. Hatcher, 39 Iowa, 685; Schmitt v. Willis, 40 N. J. Eq. 515, 4 Atl. 767; Bryar's Appeal 111 Pa. 81, 2 Atl. 344.

68. 2 Bl. Comm. 139; 4 Kent. Comm. 61; Co. Litt. 34b. The word "quarantine" means forty days. Id.

69. 1 Sharswood & B. Lead. Cas. Real Prop. 403; 2 Scribner, Power (2d Ed.) C5; 1 Stimson's Am. St. Law, Sec. 3278. See Gentry v. Gentry, 122 Mo. 202, 26 S. W. 1090.

There is apart from statute no right of quarantine in a house belonging to the husband in which he did not reside. Clary v. Sanders, 43 Ala. 287; Ogbourne v. Ogbourne's Adm'r 60 Ala. 6l6.

The right exists only as to property of which the widow is dowable. Voelekner v. Hudson, 1 Sandf. (N. Y.) 215; Harrison v. Boyd, 36 Ala. 203. Hence it does not apply in the case of leaseholds. Pizzala v. Campbell. 46 Ala. 35.

70. White v. Clarke, 7 T. B. Mon. (Ky.) 641; Craige v. Morris. 25 N. J. Eq. 468; Doe d. Caillaret v. Bernard, 7 Smedes & M. (Miss ) 319; Oakley v. Oakley. 30 Ala. 131.

71. See Humphrey v. Gerard, 85 Conn. 434, 83 Atl. 210; Caillaret v. Bernard, 7 Sm. & M. (Miss.) 319; Roberts v. Nelson, 86. Mo. 21; Grant v. Perham. 15 Vt. 649.

In England, the right of quarantine was lost by the remarriage of the widow within the forty days,72 but a different view has been taken in one state in this country.73 The right of quarantine, being a mere personal right, is not subject to execution,74 nor is the widow under any obligation to pay taxes on the property in which the right exists.75