00. The petitions of the State association generally have exceeded
all those presented for all other measures.[241]

There has been no distinction between husband and wife in the laws of
inheritance since 1873. The surviving wife or husband is endowed of a
third part of all the real estate of which the other dies possessed.
If either die without a will, leaving a surviving child or children,
or descendants of such, the survivor receives, in addition, one-third
of the personal estate absolutely. If, however, there are no lineal
descendants, the widow or widower receives absolutely one-half of the
real estate and the whole of the personal estate. If there are no
descendants and no kindred, the whole estate goes to the surviving
widow or widower.

A married woman has held her property in her own name since 1861. She
has been entitled to engage in business, control her earnings, sue and
be sued and make contracts since 1869.

Until 1901 the father was entitled to the care of the persons and
education of the minor children. In 1898 Mrs. McCulloch published, in
the form of a story called Mr. Lex, a _resume_ of the terrible
injustice and cruelty possible under this law; and also pointed out
the same possibilities in the administration of other laws which seem
entirely fair to the casual observer. It was widely reviewed by the
Chicago press and aroused much interest. In the winter of 1901 a bill
was passed by the Legislature giving fathers and mothers equal
guardianship and custody of their minor children. Mrs. McCulloch,
representing the State E. S. A., had charge of this bill. A copy of
her book, Mr. Lex, was sent to every member, as well as the full facts
from every State which had such a law as the one proposed. She also
obtained the indorsement of numerous organizations and influential
persons, and had many individual letters written to members. All this
simply to give mothers equal guardianship with fathers of their own
children!

Mrs. McCulloch was ably assisted by the Rev. Kate Hughes. The bill
passed by the large vote of 34 ayes, 8 noes, in the Senate; 119 ayes,
one no, in the House. It was signed by Gov. Richard Yates on May 18.

The wife is entitled to support suited to her condition in life. The
husband is entitled to the same support out of her individual
property. They are jointly liable for family expenses. Failure to
support the wife and children under twelve years of age is a
misdemeanor, and may be punis