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28   LAWS OF ONTARIO

and except where the mortgage or other instrument is for the purchase money of the land the amount to which she would be en-titled will be calculated on the basis of the amount realized from the sale of the land and not upon the amount realized from the sale over and above the amount of the mortgage only.

The widow is not entitled to take her interest in the surplus purchase money under The Dower Jct and also to share in the money upon the distribution of her husband's estate.

Where a wife is a lunatic confined in a provincial hospital in Ontario and the husband becomes the owner of land while she is so confined, he may sell and convey or mortgage the land free of dower, but he may not do this after the discharge of the wife from the hospital.

In certain cases a husband may convey or mortgage land free from dower under an order of a judge of the Supreme Court or of a judge of a county or district court, the order being registered in the registry office. Cases in which this may be done arise where the wife of an owner of land has been living apart


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