John McLean

“ Grimes, 2 Gill & Johns. 324, the court say, 'Perhaps, there is no general rule, in strictness, that in cases of instantaneous seisin, the widow shall or shall not be entitled to dower.' And they say, 'where a man has the seisin of an estate beneficially for his own use, the widow shall be endowed.' What may be a beneficial seisin in the husband, so as to entitle his widow to dower, may be a matter of controversy, and must lead to some uncertainty. ”

“ Suppose, in a covenant to stand seised to uses, first limiting a defeasible estate to the grantor in fee, that there was but a sole grantor, would dower attach to the first estate so limited, although defeasible in the event of money not being paid, or any other act not being performed? Except where the determinable state is strictly on condition, the decisions would sustain the claim of dower, as an estate tacitly granted by law, and an extension of the inheritable character of the determined estate-to use the explanation given in 8 Co. ”

“ The cases that favor the pretention of the appellees, all admit, that a beneficial seisin, for an instant even, creates dower: but the case of a deed and a mortgage back, has been, strangely, in the view of some judges, confounded with the case where an instantaneous seisin is had by a party whose only connection, immediate or ultimate, with the estate, is to transfer it to another ”

“ The whole equity of redemption, therefore, was vested in Willoughby Mayburry. And if he had redeemed, he would have had the sole legal seisin, in which, undoubtedly, dower would have attached. But he did not redeem. The mortgage was foreclosed in his lifetime, and his equitable estate was extinguished. Upon this equitable estate, no dower attached. For, though by the act of the Maryland legislature, passed in 1818, widows are dowable of equitable estates, their right does not operate to the prejudice of any claim for the purchase-money of the lands, or other lien on the same. ”

“ In the absence of contrary proof, it is to be understood to have been acquired to be used-and if used by the two parties, for its natural purposes, the use of it would make them partners in its business. ”