FREE BOOKS

Author's List




PREV.   NEXT  
|<   899   900   901   902   903   904   905   906   907   908   909   910   911   912   913   914   915   916   917   918   919   920   921   922   923  
924   925   926   927   928   929   930   931   932   933   934   935   936   937   938   939   940   941   942   943   944   945   946   947   948   >>   >|  
band or wife die intestate, leaving neither descendants, father, mother, brothers, sisters, or descendants of brothers or sisters, the entire estate, real and personal, goes to the survivor. If a wife die, leaving no descendants, her widower is entitled to one-half of her separate real and personal estate absolutely, subject to her debts. (Act of 1895.) In 1889 an attempt was made to give a married woman control of her separate real estate, which up to that time had belonged to the husband. Endless confusion has resulted, as the law applies only to marriages made since that date. To increase the complications a wife may hold real property under three different tenures: An equitable separate estate created by certain technical words in the conveyance, and this she can dispose of without the husband's joining in the deed; a legal separate estate, which she can not convey without his joining; and a common-law estate in fee, of which the husband is entitled to the rents and profits. In either case, if the wife continually permits the husband to appear as the owner and to contract debts on the credit of the property, she is estopped from withholding it from his creditors. There may be also a joint estate which goes to the survivor upon the death of either. No married woman can act as executor or administrator. The wife's separate property is liable for debts contracted by the husband for necessaries for the family. If he is drunken and worthless she may have him enjoined from squandering her property. For these causes and for abandonment the court may authorize her to sell her separate property without his signature. The wife may insure the husband's life, or he may insure it for her, and the insurance can not be claimed by his creditors. A married woman may sue and be sued, make contracts and carry on business in her own name, and possess her wages. She may recover in her own name for injuries which prevent her from conducting an independent business, but not for those which interfere with the performance of household duties, as her services in the home belong to the husband. She may, however, bring suit in her own name for bodily injuries. The wife may sue for alienation of her husband's affections and recover, according to a recent Supreme Court decision, "even though they may not be entirely alienated from her and though he may still entertain a sneaking affection for her." The husband is liable for torts
PREV.   NEXT  
|<   899   900   901   902   903   904   905   906   907   908   909   910   911   912   913   914   915   916   917   918   919   920   921   922   923  
924   925   926   927   928   929   930   931   932   933   934   935   936   937   938   939   940   941   942   943   944   945   946   947   948   >>   >|  



Top keywords:

husband

 

estate

 

separate

 
property
 

descendants

 
married
 

business

 

insure

 

injuries

 
joining

recover

 

survivor

 

entitled

 

creditors

 

personal

 

liable

 

leaving

 
brothers
 
sisters
 
claimed

necessaries

 

contracted

 
squandering
 

signature

 

family

 

insurance

 

enjoined

 
authorize
 

abandonment

 

worthless


drunken

 

recent

 

Supreme

 

affections

 

bodily

 

alienation

 

decision

 
sneaking
 

affection

 
entertain

alienated

 

prevent

 

conducting

 

independent

 

possess

 

contracts

 

services

 

belong

 

duties

 

household