Revised Statutes of 1846
R.S. of 1846
558.1 Right of widow to dower.
Sec. 1.
The widow of every deceased person, shall be entitled to dower, or the use during her natural life, of 1/3 part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is lawfully barred thereof.
History: R.S. 1846, Ch. 66 ;-- CL 1857, 2772 ;-- CL 1871, 4269 ;-- How. 5733 ;-- CL 1897, 8918 ;-- CL 1915, 11654 ;-- CL 1929, 13072 ;-- CL 1948, 558.1
Notes of Decisions
Cited in
27
cases (
1 in the last 5 years), 1968–2022 · leading case:
Zaher v. Miotke, 832 N.W.2d 266 (Mich. Ct. App. 2013).
Zaher v. Miotke, 832 N.W.2d 266 (Mich. Ct. App. 2013).
· cites it 2× “MCL 558.1. Hoover hired plaintiff, Raji Zaher, to construct a house for him on lot 2.”
In re Miltenberger Est., 737 N.W.2d 513 (Mich. Ct. App. 2007).
· cites it 4× “2202 and MCL 558.1, the Michigan Constitution recognizes the right of dower.”
Beard v. Comm'r, 77 T.C. 1275 (T.C. 1981).
“Mich. Comp. Laws sec. 552.101 (Mich. Stat.”
Noble v. McNerney, 419 N.W.2d 424 (Mich. Ct. App. 1988).
· cites it 2× “(e) To bar a mentally incompetent or minor wife from her dower right, under sections 1 to 29 of chapter 66 of the Revised Statutes of 1846, as amended, being sections 558.1 to 558.29 of the Michigan Compiled Laws, in the real estate of her living husband as provided in section…”
Wicklund v. Wicklund, 2012 ND 29, 812 N.W.2d 359.
“(c) If a widow, that she will take her dower right under sections 1 to 29 of 1846 RS 66, MCL 558.1 to 558.29. [[Image here]] (7) As used in subsection (2), “property derived by the spouse from the decedent” includes all of the following transfers: (a) A transfer made within 2…”
Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010).
“MCL 558.1 provides, “The widow of every deceased person, shall be entitled to dower, or the use during her natural life, of V3 part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is lawfully barred thereof.”
In re Est. of Miltenberger, 753 N.W.2d 219 (Mich. 2008).
· cites it 6× “The parcels conveyed by James Miltenberger were not included in the inventory of the estate.”
Barnes v. State Farm Fire & Cas. Co., 623 F. Supp. 538 (E.D. Mich. 1985).
· cites it 2× “Mich.Comp.Laws § 558.1 et seq. Second, defendant argues that Lisa did not sign the “Sworn Statement in Proof of Loss” (proof of loss) (D’s Ex.”
Slater Mgmt. Corp. v. Nash, 536 N.W.2d 843 (Mich. Ct. App. 1995).
· cites it 2× “Defendants moved for summary disposition on the basis that the August 27, 1991, purchase agreement was unenforceable under the statute of frauds.”
United States v. Chalmers (In re Wheeler), 252 B.R. 420 (W.D. Mich. 2000).
“§ 558.1. Michigan’s laws “closely guard the right of dower,” recognizing that *426 “a husband may not bargain away his wife’s dower interest.”
Berg-Powell Steel Co. v. Hartman Grp., 280 N.W.2d 557 (Mich. Ct. App. 1979).
“Although in the instant case we are dealing with the dower interest of defendant’s wife, MCL 558.1; MSA 26.221, we find this distinction insignificant and conclude that Fields controls this situation as well.”
Lim v. Greenfield, 65 F. App'x 549 (6th Cir. 2003).
“Michigan’s dower statute provides: “The widow of every deceased person, shall be entitled to dower, or the use during her natural life, of 1/3 part of all the lands whereof her husband was seized of an estate of inheritance, at any time during the marriage, unless she is…”
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