§533-7 Widow's right to occupy lands while dower unassigned. When a widow is entitled to dower in the lands of which her husband died seised, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one-third part of the rents, issues, and profits thereof, so long as the heirs do not object thereto, without having her dower assigned. [CC 1859, §1305; RL 1925, §3023; RL 1935, §4836; RL 1945, §12106; RL 1955, §319-7; HRS §533-7]
Case Notes
Before enactment of this section no right of occupancy before dower assigned, and where widow occupied her possession might be adverse. 4 H. 536, 538 (1882); 11 H. 755 (1899).
Right of occupancy as including right to plant crops, see 5 H. 182 (1884).
Heir who objects to widow's occupancy under this section may bring ejectment. 17 H. 525, 527 (1906).
Effect of this section on doctrine that dowress not a tenant in common, see 21 H. 431, 434 (1913); compare 15 H. 284, 286 (1903).
Structure Hawaii Revised Statutes
533-2 Election in case of exchanged lands.
533-3 In lands mortgaged before marriage.
533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee.
533-5 In surplus after purchase-money mortgage paid.
533-6 Not in lands held by husband as mortgagee.
533-7 Widow's right to occupy lands while dower unassigned.
533-8 Widow's right to remain in husband's house.
533-9 Barred by divorce or misconduct.
533-11 Barred by jointure before marriage.
533-12 Barred by pecuniary provision before marriage.
533-13 Election between dower and jointure or pecuniary provision, when.