may be lost or
barred by a legal separation; if she should re-marry, or the divorce
is set aside, her dower would revive. Her dower may also be lost
should her husband legally part with his estate, or by any legal
proceeding it should be taken away from him; thus, should another
claim it and prove that he had the better title. In other words she
loses her dower whenever her husband has no estate from which her
dower can be carved out. It is true that an adverse claimant cannot
give any title to her husband's land that would bar her right thereto.
The reason for this rule is that, like a minor, her rights cannot be
acquired against one who is unable by reason of age or other infirmity
to protect himself.

The wife is entitled to have dower assigned to her immediately after
her husband's death. Until this is done, she has the right of common
law for the period of forty days, called quarantine, to reside in her
husband's house, provided she does not marry during that time.

Dower may be assigned to her in two ways. One way is by direction of
the court, which ascertains by proper evidence the extent, location
and value of the husband's lands, and then directs the sheriff to
carry out its order in assigning to her a specific portion for her use
during life. The other way is by agreement. In some states money is
assigned to her instead of land as dower.

Dower may be barred by agreement made before marriage. These
arrangements, marriage settlements, are becoming more frequent with
the increase of wealth and complexities respecting the holding of
property. Sometimes a testator provides for his widow in lieu of
dower. In such a case she may accept the gift, or reject it and claim
her dower rights. Suppose a testator should own a large amount of
land, and in his will should give her only a small amount of money in
lieu of dower. If eager to get the most possible, she would reject the
gift of money and claim her dower rights. On the other hand, suppose
he had but very little or no real estate, then she doubtless would
accept the money gift, unless she could claim a still larger sum by
virtue of some statute made to fit such cases.

Dower does not exist in crops or trees severed from the land, but does
exist in mines and quarries belonging to the husband which were opened
and worked during his life. If lands have been exchanged by the
husband, she can elect in which she shall take her dower, but not in
both. There can be no