were established.
In 1898 the Legislature provided that a woman could be a notary
public. Two months later the law was declared unconstitutional, as
notaries must be electors.
LAWS: In 1884 a law was enacted giving a married woman the right to
sue and be sued and to proceed in various other matters as if
unmarried. Her personal property and real estate were liable to
judgment, but she was entitled to the benefits of all exemptions to
heads of families.
In 1887 married women obtained absolute control of their own property.
This act gave a wife the right to enter into any engagements or
transactions with her husband, or any other person, to hold and
dispose of real and personal property and to make contracts.
Dower was retained but curtesy abolished, except for a man married
before 1887 and regarding property owned by his wife before that date.
Either husband or wife on the death of the other is now entitled to
one-third of the real estate for life. If either die without a will,
and there are no children or their legal representatives living, all
the real estate passes to the survivor, and the personal property
subject to the debts. If there are children, or their legal
representatives, the widow or widower is entitled to one-half of the
first $400, and to one-third of the remainder subject to distribution.
A homestead not exceeding $1,000 in value may be reserved for the
widow.
In 1893 it was made legal for a married woman to act as guardian; and
in 1894 as executor or administrator.
By the code of 1892 the father is legal guardian of the children and
may appoint a guardian by will, even of one unborn. If he has
abandoned the mother, she has custody.
The husband must support his wife and minor children by his property
or labor, but if he is unable to do so, the wife must assist as far as
she is able. The father or, when charged with maintenance thereof, the
mother of a legitimate or illegitimate child under sixteen, who being
able, either by reason of having means or by labor or earnings, shall
neglect or refuse to provide such child with proper home, care, food
and clothing; or, if said child is a legal inmate of the county or
district children's home, shall refuse to pay the reasonable cost of
its keeping, shall upon conviction be guilty of felony and punished by
imprisonment in the penitentiary for not more than three years nor
less than one, or in a county jail or workhouse at hard labor for not
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