
    * James Eldredge & Al. versus James Forrestal, and Esther, his Wife.
    An actual corporeal seisin, or a right to such seisin, in the husband, during the coverture, is necessary to entitle the widow to dower: a legal seisin of a vested remainder is not sufficient.
    This was a writ of entry, pending in the county of Barnstable, in which the demandants count upon the seisin of James Eldredge, their grandfather, and a devise by him to his son, Jesse Eldredge, their father, in fee simple, after the death of Priscilla, widow of the testator, and aver the death of the said Jesse, after his father, and in the lifetime of the said Priscilla, and her death afterwards, and an entry by the tenants thereupon, &c.
    The action was tried upon the general issue, before Sewall, J., at the last October term in Barnstable county.
    It appears, from the judge’s report of the trial, that the tenements demanded were parcels of the real estate of which James Eldredge, grandfather of the demandants, died seised, which, since his death, and the death of his widow, Priscilla, have been assigned and set off, by a warrant from the Probate Court for the said county of Barnstable, to the said Esther, who was the widow of the said Jesse Eldredge, but since his death has been married to the said James Forrestal, as her dower.
    The last will of the demandant’s grandfather, dated February 4th, 1S04, and proved March 22, 1809, containing the devise alleged in the demandants’ count, was given in evidence at the trial; and it. was proved, or admitted, that, after the death of the said testator, his son, the said Jesse, died, leaving the said Esther, his widow, and the demandants, his only children and heirs at law; and that afterwards the said Priscilla died, before the said assignment of dower to the said Esther.
    
    Upon this evidence a verdict was taken for the demandants, subject to the opinion of the Court, whether they were entitled to recover; and if not entitled, the verdict was to be set aside, and a verdict entered for the tenants.
    The action was continued nisi, for the opinion of the Court, which was delivered at this term, (absente Parsons, C. J.,) without any argument at the bar, by
    
      The Solicitor-General for the demandants.
    
      Whitman for the tenants.
   * Sedgwick, J.

There is no doubt that an actual cotporeal seisin, or a right to such seisin, in the husband during the coverture, is indispensable to entitle his widow to dower; and that a legal seisin of a vested remainder is not sufficient for that purpose. As in this case there was an interposing estate for life, which was not determined until after the death of the husband, it is very clear that the tenant was not entitled to dower. The proceedings in the Probate Court are void ; and judgment must therefore be entered on the verdict.  