Chap. 49.—An ACT to amend and re-enact sections 4 and 5 of chapter
110 of the Code.

Passed Feoruary 21, 1806.

1. Beit enacted by the general assembly of Virginia, That
sections four and five of chapter one hundred and ten of the
Core be amended and re-enacted so as to read as follows:

“$4. If any estate, real or personal, intended to be in lieu
of dower, shall be conveyed or devised for the jointure of
the wife, such conv eyanece or devise shall bar her dower of
the real estate, or the residue thereof; and every such pro-
vision, by deed or will, shall be taken to be intended in heu
of dower, unless the contrary intention plainly appear in such
deed or will, or in Rome other writing, signed by the party
making the provision.’

“$5. But if such conveyance or devise were before the
marriage, without the assent in writing, or during the infancy
of the teme, or if it were after marriage—in cither case, the
widow may, at her election, waive such jointure and demand
her dower. Such election shall he made within one year after
the death of the husband, or within one year after the ad-
mission of his will to probate where the provision is by will,
and shall be made in any court of record in the county or
corporation in which the husband resided at the time of his
death, or in the clerk's office of which the instrument creating
the jointure is recorded, or by a writing recorded in such
court, or in the clerk's office thereof, upon such acknowledg-
ment or proof as would authorize a writing to be admitted
to record under chapter one hundred and twenty-one: and
when she shall elect and receive her dower, the estate so
conveyed or devised to her shall cease and determine.”

2. ‘This act shall be in force from its passage.
Chap. 49.—An ACT to amend and re-enact sections 4 and 5 of chapter
110 of the Code.

Passed Feoruary 21, 1806.

1. Beit enacted by the general assembly of Virginia, That
sections four and five of chapter one hundred and ten of the
Core be amended and re-enacted so as to read as follows:

“$4. If any estate, real or personal, intended to be in lieu
of dower, shall be conveyed or devised for the jointure of
the wife, such conv eyanece or devise shall bar her dower of
the real estate, or the residue thereof; and every such pro-
vision, by deed or will, shall be taken to be intended in heu
of dower, unless the contrary intention plainly appear in such
deed or will, or in Rome other writing, signed by the party
making the provision.’

“$5. But if such conveyance or devise were before the
marriage, without the assent in writing, or during the infancy
of the teme, or if it were after marriage—in cither case, the
widow may, at her election, waive such jointure and demand
her dower. Such election shall he made within one year after
the death of the husband, or within one year after the ad-
mission of his will to probate where the provision is by will,
and shall be made in any court of record in the county or
corporation in which the husband resided at the time of his
death, or in the clerk's office of which the instrument creating
the jointure is recorded, or by a writing recorded in such
court, or in the clerk's office thereof, upon such acknowledg-
ment or proof as would authorize a writing to be admitted
to record under chapter one hundred and twenty-one: and
when she shall elect and receive her dower, the estate so
conveyed or devised to her shall cease and determine.”

2. ‘This act shall be in force from its passage.