The concept refers to a husband’s right, under common law, to a life estate in his wife’s real property upon her death, provided they had a child capable of inheriting the estate. An example illustrates this: if a woman owned land and died before her husband, and they had a child, the husband would be entitled to use the land for the rest of his life, even if the wife’s will directed otherwise. The specifics and availability of this right varied depending on jurisdiction and period.
This legal construct holds significance due to its historical impact on property rights and inheritance laws, highlighting the shift away from traditional gender roles in property ownership. It offered a level of financial security to the surviving husband, ensuring continued access to the family’s real estate. However, it also reveals the constraints placed on a wife’s control over her own property, even in death. Understanding this historical right provides context for appreciating modern property law and marital property rights.
