Page:The American Cyclopædia (1879) Volume IX.djvu/96

 88 HUSBAND AND WIFE premo court may authorize a deserted wife to convey her estate and the personal estate which came to the hushand by the marriage, and require the debtors of the husband in her right to make payment to her ; and the pro- ceeds of the earnings of herself and the minor children are to be at her disposal. The rents and profits of the wife's real estate, and the in- terest of the husband in it, are exempt from execution for his debts, and can only be con- veyed by her joining in the deed. The wife may dispose of her property by will. In Mas- sachusetts, a married woman may be a sole trader, and may dispose of her real estate by will, leaving to the husband his estate by the curtesy, and also her personal estate, but not more than one half of it away from the husband without his consent. She holds as her own all property howsoever acquired except by gift from her husband, but she cannot convey real estate or shares in a corporation except with his consent, or the consent of a judge of the supreme, common pleas, or probate court. Her real estate and corporate shares are not liable for the husband's debts. In Rhode Island, a married woman may dispose of her real estate by will, saving to the husband his estate by the curtesy, and whatever deposits are made by her in savings banks are her own. In Connecticut, the personal property acquired by the husband in right of the wife he holds as trustee for her, except to the extent he may have paid ante-nuptial debts, and his interest in her real estate cannot be taken for his debts during her life or the life of children. The proceeds of her real estate are deemed hers in equity and not subject to his debts, and all ac- quired by her personal services is hers abso- lutely. Her savings deposits are also her own, and there are further provisions in case of abandonment or abuse by the husband. In New York, the wife's property, acquired be- fore or after marriage, is subject to her own control, and not liable for the husband's debts, but is liable for her own debts, while the hus- band is not liable except in case of neglect to take out administration on her estate on her death. In New Jersey, the real and personal estate of the wife, whenever acquired, remains hers, free from her husband's control and not liable for his debts. In case of his desertion she may have provision made for her from his estate. In Pennsylvania, the property of the married woman, acquired before or after mar- riage, remains hers, free from any control by the husband, and liable for her debts, but not for his. The husband is not liable for the wife's ante-nuptial debts. In case of desertion or neglect by the husband to provide for her, she has the rights of a feme sole. In North Carolina, the interest of the husband in the real estate of the wife cannot be taken on execution for his debts, nor can it be disposed of by the husband except with her consent. In Florida, the property of the wife remains hers, and the husband is not liable for her ante-nuptial debts. The same is true in Ala- bama, and substantially so in Mississippi. In Louisiana the laws are peculiar, but it is com- petent for the married woman to carry on business as a sole trader, and to have all her property secured to her own use, or the prop- erty of the two may be in common. In Texas the laws are also peculiar, but the property of the wife owned at the marriage, or acquired by gift, devise, or descent afterward, remains her own, though subject to the husband's management. In California, the property owned by either the husband or wife at the time of the marriage remains his or hers, as does also any that either may acquire by gift, bequest, devise, or descent afterward, with the rents, issues, and profits thereof; but all other property acquired by either afterward is com- munity property. Husband and wife may con- tract with each other or with third persons re- specting property, as they might if unmarried ; his separate property is not liable for her ante- nuptial debts, nor her separate property or earnings for his debts, and dower and curtesy are abolished. While the husband is liable for the wife's support, the wife is also liable for his support if he has DO separate property and they have no community property, and he from infirmity is incompetent to support himself. The husband has the management of commu- nity property, and may dispose of it otherwise than by will. In Kentucky, a married wo- man may dispose of her separate property by will, and the husband during her lifetime has only the use of it. In Ohio, a married woman may dispose of her separate property by will, and the interest of the husband in any of her property cannot be taken for his debts during her life or the life of children. In Indiana, the wife's property remains hers and may be dis- posed of by will, and is not liable for the hus- band's debts. In the other western states, it may be said generally, the real and personal estate owned by the wife before marriage or acquired by her afterward is at her absolute disposal, by contract, conveyance, or will, and not subject to her husband's debts ; while the husband is not liable for her debts contracted before marriage nor for those contracted after- ward, except where she may have acted as his agent and with the proper authority. The re- cent changes in the southern states have been in the same direction. It is not easy to say exactly how the estate by the curtesy stands in the states where it is not expressly saved by statute, but we should say any valid convey- ance of the wife's estate would cut it off, and in some states it has been decided that the broad terms in which statutes secure to mar- I ried women their property will preclude cur- i tesy attaching. In other respects statutes rights of women which do not depend on the status of marriage. Thus, in the territory of Wyoming the distinction of sex in the ex- ercise of the elective franchise has been abol-
 * have made important changes respecting the