was
vetoed by Gov. Busiel who claimed that it was not properly framed.
Dower and curtesy both obtain. The widow is entitled to a life
interest in one-third of the real estate and a homestead right of
$500, and if she waive the provisions of the will in her favor she
may have, after the payment of debts, one-third of the personal
property if issue survive; if not, one-half. If she waive its
provisions and release her dower and homestead right, she may have,
after all debts and expenses of administration are paid, one-third of
the real estate absolutely if issue by her survive, and, if not,
one-half, and the same amount of personal property. The widower is
entitled to a life interest in all the wife's real estate, and a
homestead right of $500, and if he waive the provisions of her will in
his favor, the same amount of her personal property as she would
receive of his. If he release his curtesy and homestead right he is
entitled to the same amount of her real estate as she would have of
his.
A married woman retains control of her separate property. She can
mortgage or convey it without the husband's joinder but can not bar
his curtesy of life use of the whole or his homestead right; nor can
she deprive him of these by will. The husband has the same privileges,
subject to her dower.
A married woman may carry on business in her own name. She may sue and
be sued and make contracts. Her earnings are her sole and separate
property. She can not become surety for her husband.
The father is the legal guardian but if he is insane or has given
cause for divorce the court may award the minor children to the
mother. The judge of probate may appoint a guardian, when necessary,
to have care of the persons and property of minor children, and it may
be either the father or mother.
If the husband refuse to provide for his family he may be prosecuted
in criminal form. If he is insane or has given cause for divorce the
court may award support out of his property.
The common law making 12 years the legal age for a girl to marry has
been retained by special statute.
The "age of protection" for girls is 13 years with a penalty of
imprisonment not exceeding thirty years, but no minimum punishment
named.
SUFFRAGE: Since 1878 women, possessing the same qualifications
required of men, that is, residence in the district three months
preceding the election, are entitled to vote for members of the school
board and for appropriatio
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