40.0103 Right of dower.

Cite as [A.S.C.A. § 40.0103]

One-third in value of all the legal or equitable estate in real or personal property possessed by a decedent at the time of his death shall be set apart to the surviving spouse in fee simple, subject to the provisions of 37.0201 et seq., regarding alienation of land. This right of the surviving spouse shall be known as dower.

History: 1962, PL 7-21; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1.

Case Notes:

Widow of landowner has undivided one-third interest in land by way of dower. RCAS 8.0103. Puluti v. Muliufi, 4 ASR 672 (1965).

This section provides a statutory right of dower one-third of a decedent spouse’s real or personal property Burns Philip Co. v. AFO, Fiame, Faleali’i, 2 A.S.R. 2d 39 (1985)

Widow who was entitled to one-third of deceased husband’s interest in individually owned property could not be evicted by husband’s relatives from possession of a small part of such property. A.S.C.A. § 40.0103. Tuiteleleapaga v. King, 8 A.S.R.2d 49 (1988).