Page:History of Woman Suffrage Volume 4.djvu/888

 she may have, after the payment of debts, one-third of the personal property if issue survive; if not, one-half. If she waive its provisions and release her dower and homestead right, she may have, after all debts and expenses of administration are paid, one-third of the real estate absolutely if issue by her survive, and, if not, one-half, and the same amount of personal property. The widower is entitled to a life interest in all the wife's real estate, and a homestead right of $500, and if he waive the provisions of her will in his favor, the same amount of her personal property as she would receive of his. If he release his curtesy and homestead right he is entitled to the same amount of her real estate as she would have of his.

A married woman retains control of her separate property. She can mortgage or convey it without the husband's joinder but can not bar his curtesy of life use of the whole or his homestead right; nor can she deprive him of these by will. The husband has the same privileges, subject to her dower.

A married woman may carry on business in her own name. She may sue and be sued and make contracts. Her earnings are her sole and separate property. She can not become surety for her husband.

The father is the legal guardian but if he is insane or has given cause for divorce the court may award the minor children to the mother. The judge of probate may appoint a guardian, when necessary, to have care of the persons and property of minor children, and it may be either the father or mother.

If the husband refuse to provide for his family he may be prosecuted in criminal form. If he is insane or has given cause for divorce the court may award support out of his property.

The common law making 12 years the legal age for a girl to marry has been retained by special statute.

The "age of protection" for girls is 13 years with a penalty of imprisonment not exceeding thirty years, but no mininum punishment named.


 * Since 1878 women, possessing the same qualifications required of men, that is, residence in the district three months preceding the election, are entitled to vote for members of the school board and for appropriations of money. There