Section 1061. Final judgment  


Latest version.
  • Upon the report being confirmed by the court,
      final judgment must be rendered. If the referee  or  commissioners  have
      admeasured  and  laid  off  to  the  plaintiff  a distinct parcel of the
      property, the judgment must award to her, during her natural  life,  the
      possession  of that parcel, describing it, subject to the payment of all
      taxes, assessments, and other  charges,  accruing  thereupon  after  she
      takes  possession.  If  the referee or the commissioners report, that is
      not practicable, or that, in his or their opinion, it  is  not  for  the
      best interests of all the parties concerned, so to admeasure and lay off
      a  distinct parcel of the property, the final judgment must direct, that
      a sum, fixed by the court, and specified therein, equal to one-third  of
      the  rental value of the real property, as ascertained by a reference or
      otherwise, be paid to the plaintiff, annually or oftener, as directed in
      the judgment, during her natural life, for her dower  in  the  property;
      and  that  the  sum  so  to  be  paid,  be  and remain a charge upon the
      property, during her natural life. The final  judgment  may  also  award
      damages for the withholding of dower.