Page:History of Woman Suffrage Volume 4.djvu/863

 real estate and a child's share of the personal property. If there are no descendants, the widow is entitled to all her real estate which came to the husband through the marriage, and to all the undisposed-of personal property of her own which by her written consent came into his possession, not subject to the payment of his debts; and to one-half of his separate real and personal estate absolutely, and subject to the payment of his debts. If the husband or wife die intestate, leaving neither descendants,. father, mother, brothers, sisters, or descendants of brothers or sisters, the entire estate, real and personal, goes to the survivor. If a wife die, leaving no descendants, her widower is entitled to one-half of her separate real and personal estate absolutely, subject to her debts. (Act of 1895.)

In 1889 an attempt was made to give a married woman control of her separate real estate, which up to that time had belonged to the husband. Endless confusion has resulted, as the law applies only to marriages made since that date. To increase the complications a wife may hold real property under three different tenures: An equitable separate estate created by certain technical words in the conveyance, and this she can dispose of without the husband's joining in the deed; a legal separate estate, which she can not convey without his joining; and a common-law estate in fee, of which the husband is entitled to the rents and profits. In either case, if the wife continually permits the husband to appear as the owner and to contract debts on the credit of the property, she is estopped from withholding it from his creditors. There may be also a joint estate which goes to the survivor upon the death of either.

No married woman can act as executor or administrator.

The wife's separate property is liable for debts contracted by the husband for necessaries for the family. If he is drunken and worthless she may have him enjoined from squandering her property. For these causes and for abandonment the court may authorize her to sell her separate property without his signature.

The wife may insure the husband's life, or he may insure it for her, and the insurance can not be claimed by his creditors.

A married woman may sue and be sued, make contracts and carry on business in her own name, and possess her wages. She