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
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