Page:History of Woman Suffrage Volume 4.djvu/811

 Until 1845 the women of Massachusetts suffered to the fullest extent the barbarities of the English Common Law. After that date the changes were gradual but very slow. From 1884 there was but little improvement in the property laws until 1899, when a radical revision was effected by a legislative committee and approved by the Legislature. As there was to be a general revision of the statutes and the new book would not be issued until Jan. 1, 1902, it was decided that all should go into effect at that date. The new property law for women provides as follows: No distinction is made between real and personal property in distributing the estate. The surviving husband or wife takes and holds one-third if the deceased leaves children or their descendants; $5,000 and one-half of the remaining estate if the deceased leaves no issue; and the whole if the deceased leaves no kindred. This is taken absolutely and not for life. Curtesy and dower have not been abolished but the old-time curtesy, which is a life interest in the whole of a deceased wife's real estate, is cut down to a life interest in one-third, the same as dower; and in order to be entitled to dower or curtesy. the surviving husband or wife must elect to take it in preference to abiding by the above provisions.

Either husband or wife can make a will under the new law without the consent of the other, but the survivor, if not satisfied with the will of the deceased, can waive it within a year and take the same share of the estate that he (or she) would have taken if there had been no will, except that, if he would thus become entitled to more than $10,000 in value, he shall receive, in addition to that amount, only the income during his life of the excess of his share of such estate above that amount; and except that, if the deceased leaves no kindred, he, upon such waiver, shall take the interest he would have taken if the deceased had died leaving kindred but no issue.

A discretionary amount may be assigned by the Probate Court to the widow for the support of herself and minor children and takes precedence of the debts of the deceased. The old law took this allowance out of the personal estate only, and often the