
    Robert Motley and Others versus Lydia Blake.
    A widow entitled to her dower in her husband’s estate cannot, on that ground, oppose a partition among the heirs of the deceased.
    This was a petition for partition of the real estate, of which John Motley, father of the petitioners, died seized and possessed. The respondent, who entered her appearance pending the petition, was the widow of the said deceased, and opposed the partition on the ground that she was entitled to dower in the premises, and that the same had not been assigned to her.
    It appeared from an agreed statement, on which the cause was submitted to the Court, that the deceased had devised his whole estate to the respondent, to hold the same so long as she should continue his widow, with remainder to his children ; [*281 ] * and that the respondent had, since his death, been married to one Robert Blake.
    
   Per Curiam.

If the respondent is entitled to dower, the proceedings upon this petition will not prevent her having it set off. At present, she holds no part of the land, and cannot have any share left for her, or assigned to her in this suit.

This, would have appeared very obviously, if, instead of agreeing to a statement of facts, the respondent had undertaken to plead to this petition. She could not have pleaded that she was sole seized of the whole, or of any part of the premises. Neither could she have denied that the petitioners held the shares respectively claimed by them.

The children of the deceased are seized of the land, and are entitled to hold the whole, until her dower shall be legally assigned. It is then apparent that she hats no interest in the question, nor any right to "nterfere in this suit, or to object to the partition which is prayed for.

Potter, for the petitioners.

Kinsman for the respondent. 
      
       Vide Sheafe vs. O'Neil, 9 Mass. Rep. 13.
     