Sec. 5.
Where in either of the cases mentioned in the 2 last preceding sections, or in case of a mortgage in which she shall have joined with her husband, the mortgagee, or those claiming under him shall after the death of the husband cause the mortgaged premises to be sold by virtue of such mortgage, and any surplus shall remain after payment of the moneys due thereon and the costs and charges of the sale, such widow shall be entitled to the interest or income of 1/3 part of such surplus, for her life, as dower.
History: R.S. 1846, Ch. 66 ;-- CL 1857, 2776 ;-- CL 1871, 4273 ;-- How. 5737 ;-- CL 1897, 8922 ;-- CL 1915, 11658 ;-- CL 1929, 13076 ;-- CL 1948, 558.5
Structure Michigan Compiled Laws
Chapter 558 - Estates in Dower
R.S. of 1846 - Revised Statutes of 1846 (558.1 - 558.30)
R-S-1846-558-1-66-ESTATES-IN-DOWER - Estates in Dower (558.1...558.30)
Section 558.1 - Right of Widow to Dower.
Section 558.2 - Dower in Lands Exchanged; Election.
Section 558.3 - Dower in Mortgaged Lands; Mortgage Before Marriage.
Section 558.4 - Dower in Mortgaged Lands; Purchase Money Mortgage Given After Marriage.
Section 558.5 - Dower in Surplus of Proceeds From Foreclosure of Mortgage.
Section 558.6 - Dower in Lands Released by Payment of Mortgage.
Section 558.7 - Dower in Aliened Lands; Estimation.
Section 558.12 - Alternative Dower Rights Before Assignment; Occupation, Profits and Rents Receipts.
Section 558.13 - Barring of Dower; Joining in Conveyance, Release.
Section 558.14 - Barring of Dower; Jointure.
Section 558.15 - Barring of Dower; Expression of Assent to Jointure.
Section 558.16 - Barring of Dower; Antenuptial Pecuniary Provisions.
Section 558.20 - Renewal of Dower.
Section 558.21 - Dower Right of Aliens and Nonresidents.
Section 558.22 - Waste Liability; Maintenance of Tenements and Appurtenances.
Section 558.24 - Damages Upon Recovery of Dower; Widow's Rights.
Section 558.25 - Damages Upon Recovery of Dower; Measure.
Section 558.26 - Damages Upon Recovery of Dower; Use of Added Improvements.
Section 558.27 - Damages Upon Recovery of Dower; Against Heir Alienating Land.
Section 558.28 - Assignment of Dower; Effect of Acceptance.
Section 558.30 - Wife's Dower Right; Abolishment and Enforcement; Exceptions.