ere are children the wife is entitled
to one-third of the real property for her life and one-third of the
personal property absolutely. If there are no children living she
takes in fee simple one-half of the real estate where it is a new
acquisition and not an inheritance, and one-half of the personal
estate absolutely as against the collateral heirs; but as against
creditors she takes one-third of the real estate in fee simple and
one-third of the personal property absolutely. If either the husband
or the wife die without a will and there are neither father, mother,
nor their descendants, nor any paternal or maternal kindred capable of
inheriting, the whole estate, both real and personal, goes to the
surviving wife or husband.
The wife may sell or transfer her separate real estate without the
consent of the husband. He can do the same with his real estate but
can not impair her dower. A transfer of the homestead requires the
joint signature.
A married woman as sole trader may engage in business on her own
account and have the profits free from the interference of her
husband, but if she is simply working for wages he may sue for her
earnings and his receipt will bind her.
The father is the legal guardian of the children, having custody of
their persons and property, but "no man shall bind his child to
apprenticeship or service, or part with the control of such child, or
create any testamentary guardianship therefor, unless the mother
shall in writing signify her consent thereto." At the father's death
the mother may be guardian of the persons of the children but not of
their property unless derived from her.
There is no law requiring the husband to support his family.
The "age of protection" for girls was raised from 12 to 16 years in
1893, with a penalty of imprisonment in the penitentiary not less than
five years nor more than twenty-one. In 1899 the minimum penalty was
reduced to one year.
SUFFRAGE: Women have no form of suffrage except under the Three-Mile
Law. This provides that, on petition of a majority of the inhabitants
living within three miles of any church or school, the court shall
make it illegal for liquor to be sold within this limit for two years.
The law never has been utilized in the larger cities, but has been
tried in numerous small towns and hundreds of outlying districts,
where it has borne the test bravely, ruling out completely the public
drink-houses. Wherever it has been put int
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