In many states, the common law right of dower has been abolished, the widow being given other rights in her husband's property in lieu thereof. Sometimes she is given a fee simple estate in a portion or, occasionally, all of his land, which she takes as heir, that is, by right of descent.64 Frequently, however, though she is given a fee simple estate, this is regarded as in the nature of a dower estate rather than as taken by descent.65

In some states the widow has a right to elect between her common law dower and the share in her husband's land given her by statute,66 and in some she must elect between dower and her statutory homestead ich v. Bruce, 151 Ky. 12, 151 S. W. 31; Clift v. Clift, 87 Term. 17, 9 S. W. 360.

63. 2 Scribner, Dower, 785.

64. See 1 Stimson's Am. St. Law Sec.Sec. 3105(A), 3109, 3202(B); Dembitz. Land Titles 231; 1 Sharswood & B. Lead. Cas. Real Prop. 299; Bowers v. Lillis, -Ind. -, 115 N. E. 930; Dana v. Dana, 226 Mass. 297, 115 N. E. 418.

65. See McGulre v. Cook, 98 Ark. 118, Ann. Cas 19120, 776, 135 S. W. 840; Barton v. Wilson, 116 Ark. 400, 172 S. W. 1032; Herzog v. Trust Co. of Easton, 67 Fla. 54, Ann. Cas. 1917A, 201, 64 So. 426; Billings v. People, 189 111. 472, 59 L. R. A. 807, 59 N. E. 798; Brannon v. May, 42 Ind. 92; Haggerty v. Wagner, 148 Ind.

625, 39 L. R. A. 384, 48 N. E. 366; Kendall v. Kendall, 42 Iowa, 92; Purcell v. Lang, 97 Iowa 310, 66 N. W. 887; Cheney v. Cheney, 110 Me. 61, 85 Atl. 387; Waddle v. Frazier, 245 Mo. 391, 151 S. W. 87; Tyler v. Tyler. 50 Mont. 65, 144 Pac. 1090; In re Strahan's Estate, 93 Neb. 828, 142 N. W. 678; In re Bullen's Estate. 47 Utah 96, 151 Pac. 533.

66. See 1 Stimson's Am. St. Law, Sec. 3264(B), (C). For cases construing such provisions, see Sturgis v. Ewing, 18 111. 176; Brown v. Cantrell, 62 Ga. 257; Brawford v. Wolfe, 103 Mo. 391, 15 S. W. 426; Mathews v. Mathews. 141 Mass. 511, 6 N. E. 776; Glover v. Glover, 45 S. C 51, 22 S. E 739; Hunkins v. Hunkins, 65 N. H. 95.

Real Property.

[Sec. 237 right.67 In those states in which the community system prevails, dower is not recognized.68 In the case of a statutory provision for an estate in fee simple in the nature of dower, the widow has been regarded, even before assignment of her dower, as having an interest which passes to her heirs.69

III. Curtesy.