Page:History of Woman Suffrage Volume 4.djvu/1001

 it all in fee-simple. Of the personal property she takes a child's share, unless there are no lineal descendants, when she takes it all. The widower is entitled to a life interest in the wife's real estate, if there has been issue born alive, and to all of her personal estate whether there are children or not. The law provides that a homestead to the value of $1,000 shall inure to the widow.

The wife can neither sue nor be sued nor make contracts in her own name, unless the husband has deserted her or is insane. The husband is entitled to her earnings and savings.

Meigs' Digest says: "The general principle of the law is that marriage amounts to an absolute gift to the husband of all personal goods of which the wife is actually or beneficially possessed at the time, or which come to her during coverture. So that if it be money in her pocket or personal property in the hands of a third party, the title vests at once in the husband.

"By right of his marriage the husband takes an interest in his wife's real estate, and during their joint lives the law gives him a right to the crops, profits and products of her lands. He has the usufruct of all her freehold estate. The husband is entitled to the profits of all lands held by the wife for her life, or for the life of another.

"When a marriage is dissolved at the suit of the husband, and the defendant is owner in her own right of lands, his right to and interest therein and to the rents and profits of the same, shall not be taken away or impaired, but the same shall remain to him as though the marriage had continued. And he shall also be entitled to her personal estate, in possession or in action, and may sue for and recover the same in his own name.

"When the wife is forced to separate from her husband, by reason of cruel and inhuman treatment from him, she may, by a bill in equity, have a suitable provision made for her support, out of the rents and profits of her land."

The code says: "A father, whether under the age of twenty-one years, or of full age, may by deed executed in his lifetime or by last will and testament in writing, from time to time and in such manner and form as he thinks fit, dispose of the custody and tuition of any legitimate child under the age of twenty-one years and unmarried, whether born at the time of his death or