Dower Act 1850 No 27a (NSW)

No. XXVII.

An Act to amend the Law of Dower in certain

respects. [1st October, 1850.]

women who have never resided wi th the i r husbands in t he said Colony	WH E R E A S prejudiced by claims of Dower m a d e or ma in ta inab le by
and of whose existence t he purchasers of such l and h a d no not ice at t h e t i m e of t h e sale thereof by t he husbands of such women A n d whereas t i t les to l and subject to cont ingent c laims of Dower are pre­ jud iced to an extent beyond the j u s t ma in tenance of such claims and improvement s u p o n proper ty after sale thereof by t h e husbands of t h e c la imants are injuriously re ta rded by t h e apprehension of such claims being ex tended to t h e addi t ional va lue resu l t ing from such improve­
m e n t s Be i t therefore enacted by H i s Excel lency the Governor of New Sou th W a l e s wi th t he advice and consent of t h e Legis la t ive Council thereof T h a t no claim to Dower on the p a r t of t he widow of any deceased owner of l and shal l have any force a t Law or in Equ i ty aga ins t any person c la iming by purchase from such owner for va luable considerat ion unless i t shal l be proved t h a t t he c la imant resided in N e w Sou th W a l e s wi th and as t he wife of such deceased owner before his sale of t he l and or t h a t t h e purchase r had notice before or at the t i m e of sale of t h e fact of t h e deceased owner hav ing been mar r i ed to t h e c la imant and in case t he defendant res is t ing such claim shall derive t i t le t h r o u g h the or iginal purchaser from such deceased owner it shall not be sufficient t o prove such knowledge on the pa r t of t he original pur ­ chaser wi thou t also shewing t h a t before t h e defendant purchased the l and ei ther the c la imant had resided wi th her husband in the said Colony or t h e defendant h a d become acquainted wi th t he said fact of mar r iage .
2. A n d be i t enacted Tha t the claim to Dower out of any l and by the widow of any person who has or shal l have al ienated such land for va luable considerat ion shal l be l imited to one- th i rd of the esti­ ma t ed r en t for t h e t i m e be ing of such land considered as if r emain ing in t h e s ta te of improvement in which t h e same shall have Ween at t he t i m e of such al ienat ion and shall not be recoverable by metes and bounds b u t shal l be assignable by a Cour t of E q u i t y only wi th l iber ty never theless to such Cour t to direct t he t r ia l at law of any issue of fact on wh ich the assessment of the claim shall depend.

ti t les to land in N e w Sou th W a l e s are often unfair ly

3 s—VOL. 3. No . X X V I I I .