The Perfect Jointure: Its Formulation After the Statute of Uses

Abstract

In any era, widowhood has always been a disturbing prospect for a woman. For English women of the sixteenth and seventeenth-centuries it torbode a nightmare. They had no social security, retirement funds or substantial life insurance settlements to meet their financial requirements. There was some provision at Common Law for the financial support of widows but it was often times meagre comfort. Recognizing the failings of the Common Law, husbands turned to the creation of jointures in an attempt to provide for their widows. This paper examines the development of English jointures through three phases. First, it analyzes the 1536 Statute of Uses, 27 Henry VIII C. 10, and how it affected jointure formulation. Second, it appraises the impact of important cases relating to the formulation of an effective jointure. Finally, it reviews three legal treatises of historical significance, re-evaluating in particular the First Institute in which Sir Edward Coke asserted that his outline laid the foundation for a "perfect" jointure.