Page:History of Woman Suffrage Volume 4.djvu/899

 dren, to one-third of the personal property absolutely; if there are no children, to one-half of it. The remainder of the real and personal estate goes to the husband's kindred. "The widow may remain in the mansion house of her husband free of rent until dower is assigned." The widower is entitled to the life use of all the wife's real estate, and if there is no will, to all her personal property without administration. She may, however, dispose of all of it by will as she pleases. She can not by will deprive the husband of his curtesy in real estate, except by order of the Court of Chancery when she is living separate from him. She can not encumber or dispose of her separate estate without his joinder. He can mortgage or convey his real estate without her joinder but it is subject to her dower. Her separate property is liable for her debts but not for those of her husband.

Since 1895 a married woman may contract as if unmarried, and sue and be sued in her own name as to property, but for personal injuries the husband must join. She can not become surety.

Since 1896 she may carry on business in her own name, her earnings and wages are her separate property, and her deposits in Savings banks are free from the control of her husband.

The father is the legal guardian of the persons and estates of minor children. At his death the mother becomes guardian. In case of separation with no misconduct on the part of either, the mother has the preference until the child is seven years old, after which the rights are equal. Provision is made for the access of the mother to infant children. On the death of the one to whom the child is assigned it is subject to the order of the court.

The husband must furnish such support as will maintain the wife in the position in which he has placed her by marriage. If he refuse he must give bonds or go to jail. The wife must contribute to the support of the family if the husband is unable.

The "age of protection" for girls was raised from Io to 16 years in 1887. The penalty is a fine not exceeding $1,000 or imprisonment at hard labor not exceeding fifteen years, or both. No minimum penalty is named.

No girl under fourteen shall be employed in a factory, and no children under fourteen shall be employed in any workshop or factory over ten hours a day or sixty hours a week. The failure