§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).