Jointure

Jointure. A settlement of lands or tenements made to a woman on account of marriage. It is defined by Lord Coke to be a "competent livelihood of freehold for the wife of lands or tenements, etc., to take effect presently in possession or profit after the decease of her husband, for the life of the wife at least." The woman on whom such a settlement of lands is made is termed a jointress. To a legal jointure five incidents are necessary. 1. The provision for the wife must take effect in possession or profit immediately after her husband's death. 2. It must be for her own life, at least, and not pour autre vie. or for any term of years, or for any smaller estate. But the widow will be bound by the acceptance of a precarious interest if she were adult at the time of agreeing to the jointure. 3. It must be made to herself and no other in trust 'oilier. 4. It must be made in satisfaction of the whole, and not of part of her dower. 5. It must be either expressed or averred to be in satisfaction of dower. It may be made either before or after marriage: if made after marriage she may waive it, and claim her dower, unless it be provided by Act of Parliament. [Dower.]