Page:History of Woman Suffrage Volume 4.djvu/686

 of most other States at that period, although conservative compared to present standards. Unjust discriminations have been abolished from time to time since then, until now, in a very large degree, the laws bear equally upon husband and wife. Some distinctions, however, still exist, as is shown by the introduction of bills in almost every Legislature "to remove the existing disabilities of married women."

Dower and curtesy are abolished. If a husband die, with or without a will, one-third of his real estate descends to the widow in fee simple, free from all demands of creditors; provided, however, that where the real estate exceeds in value $10,000, the widow shall have one-fourth only, and where it exceeds $20,000, one-fifth only as against creditors. If a husband die without a will and leave a widow and one child, the real estate is divided equally between them; the personal estate is divided equally if there are not more than two children; if there are more than two the widow still has one-third. If a man has children living by a former marriage and none by a subsequent marriage, the widow can have only a life interest in her share of his estate. If a wife die, with or without a will, one-third of her real and personal estate descends to the widower, regardless of its value, but subject to its proportion of her debts contracted before marriage. If a husband or wife die without a will, leaving no child, but father or mother, one or both, three-fourths of the entire estate goes to the widow or widower, unless it does not exceed $1,000, in which case it all goes to the widow or widower. If there are neither children, father nor mother, the entire estate goes to the widow or widower.

The husband is liable for the wife's debts incurred before marriage to the extent of any property received by him through her. He is not liable for his wife's contracts with respect to her separate property, business or labor, or for torts committed by her.

She may sue in her own name for injury to her person, property or character. The husband may maintain action for the loss of her society and services.

A wife can not convey or encumber her separate real estate without the joinder of her husband, nor can he do this with his separate real estate unless she joins. Husband and wife each