Blacks Law Dict. 1st ed

393

DOWER BY CUSTOM

.DOUBLES

DOWAGER-QUEEN. The widow of the king. As such she enjoys most of the privi leges belonging to her as queen consort. It is not treason to conspire her death or violate her chastity, because the succession to the crown is not thereby endangered. No man, however, can marry her without a special license from the sovereign, on pain of forfeit ing his lands or goods. 1 Bl. Comm. 233. DOWER. The provision which the law makes for a widow out of the lands or tene ments of her husband, for her support and the nurture of her children. Co. Litt. 30a; 2 Bl. Comm. 130; 4 Kent, Comm. 35; 1 Washb. Real Prop. 146. Dower is an estate for the life of the widow in a certain portion of the following real estate of her husband, to which she has not relinquished her right during the marriage: (1) Of all lands of which the husband was seised in fee during the marriage; (2) of all lands to which another was seised in fee to his use; (3) of all lands to which, at the time of his death, he had a perfect equity, having paid all the purchase money therefor. Code Ala. 1886, § 1892. The term, both technically and in popular acceptation, has reference to real estate ex clusively. "Dower, "in modern use, is and should be dis tinguished from "dowry." The former is a pro vision for a widow on her husband's death; the latter is a bride's portion on her marriage. DOWER AD OSTIUM ECCLESLSI. Dower at the church door or porch. An an cient kind of dower in England, where a man, (being tenant in fee-simple, of full age,) openly at the church door, where all mar riages were formerly celebrated, after affiance made and troth plighted between them, en dowed his wife with the whole of his lands, or such quantity as he pleased, at the same time specifying and ascertaining the same. Litt. § 39; 2 Bl. Comm. 133. DOWER BY THE COMMON LAW. The ordinary kind of dower in English and American law, consisting of one-third of the lands of which the husband was seised in fee at any time during the coverture. Litt. § 36; 2 Bl. Comm. 132; 2 Steph. Comm. 302; 4 Kent, Comm. 35. DOWER BY CUSTOM. A kind of dower in England, regulated by custom, where the quantity allowed the wife differed from the proportion of the common law; as that the wife should have half the husband's lands; or, in some places, the whole; and, in

be is said to commit double waste. Co. Litt. 53. DOUBLES. Letters-patent. Cowell. DOUBT. The uncertainty which exists in relation to a fact, a proposition, or other thing; an equipoise of the mind arising from an equality of contrary reasons. Ayl. Fand. 121. The term "reasonable doubt" is often used, but not easily defined. It is not mere possible doubt; because everything relating to human affairs and depending on moral evidence is open to some pos sible or imaginary doubt. It is that state of the case which, after the entire comparison and con sideration of all the evidence, leaves the mind's of jurors in such a condition that they cannot say they feel an abiding conviction, to a moral cer tainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law independent of evidence are in favor of in nocence ; and every person is presumed to be inno cent until he is proved guilty. If upon such proof there is reasonable doubt remaining, the accused is entitled to the benefit of it by an acquittal; for it is not sufficient to establish a probability, though a strong one, arising from the doctrine of chances, that the fact charged is more likely to be true than the contrary, but the evidence must establish the truth of the fact to a reasonable and moral certainty,—a certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscien tiously upon it. This is proof beyond reasonable doubt; because if the law, which mostly depends upon considerations of a moral nature, should go further than this, and require absolute certainty, it would exclude circumstantial evidence alto gether. Per Shaw, C. J., in 5 Cush. 320. DOUN. L. Fr. A gift. Otherwise written "don" and "done." The thirty fourth chapter of Britton is entitled "De Douns. " DOVE. Doves are animals ferce natures, and not the subject of larceny unless they are in the owner's custody; as, for example, in a dove-house, or when in the nest before they can fly. 9 Pick. 15. DOWABLE. Subject to be charged with dower; as dowable lands. Entitled or entitling to dower. Thus, a dowable interest in lands is such as entitles the owner to have such lands charged with dower. DOWAGER. A widow who is endowed, or who has a jointure in lieu of dower. In England, this is a title or addition given to the widows of princes, dukes, earls, and other noblemen, to distinguish them from the wives of the heirs, who have right to bear the title. I Bl. Comm. 224.

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