§533-9  Barred by divorce or misconduct.  In case of divorce dissolving the marriage contract, the wife shall not be endowed.

     No wife who has for one year or upwards, previous to the death of her husband, wilfully and utterly deserted her husband, shall be endowed or be entitled by way of dower to any property owned by him at the date of his death. [CC 1859, §1307; RL 1925, §3025; RL 1935, §4838; RL 1945, §12108; am L 1945, c 212, §1; RL 1955, §319-9; HRS §533-9]


Case Notes


  Divorce cuts off dower though obtained by wife for misconduct of husband.  12 H. 265 (1899).

  Though appeal from divorce decree pending at time of death, no dower.  35 H. 440 (1940).

  "Wilful and utter desertion," establishment of.  61 H. 236, 602 P.2d 521 (1979).