§533-9 Barred by divorce or misconduct.
In case of divorce dissolving the marriage contract, the wife shall not be
endowed.
No wife who has for one year or upwards,
previous to the death of her husband, wilfully and utterly deserted her
husband, shall be endowed or be entitled by way of dower to any property owned
by him at the date of his death. [CC 1859, §1307; RL 1925, §3025; RL 1935,
§4838; RL 1945, §12108; am L 1945, c 212, §1; RL 1955, §319-9; HRS §533-9]
Case Notes
Divorce cuts off dower though obtained by wife for misconduct
of husband. 12 H. 265 (1899).
Though appeal from divorce decree pending at time of death,
no dower. 35 H. 440 (1940).
"Wilful and utter desertion," establishment of. 61
H. 236, 602 P.2d 521 (1979).
Notes of Decisions
Matter of Est. of Lorenzo, 602 P.2d 521 (Haw. 1979).
· cites it 9× “On January 29, 1974, appellee petitioned to bar appellant’s dower interest pursuant to HRS § 533-9 1 on grounds of wilful and utter desertion.”
Magoon v. Magoon, 780 P.2d 80 (Haw. 1989).
· cites it 4× “” HRS § 533-9. *613 “If a married person domiciled in this Slate dies, the surviving spouse has a right of election to take an elective share of one-third of the net estate under the limitations and conditions .”
— Haw. Rev. Stat. § 533-9(1968) — 1 case
Matter of Est. of Lorenzo, 602 P.2d 521 (Haw. 1979).
“On January 29, 1974, appellee petitioned to bar appellant’s dower interest pursuant to HRS § 533-9 1 on grounds of wilful and utter desertion.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.