association had a distinct share in them.
The property laws for women are now satisfactory except that of
inheritance which is as follows:
Dower and curtesy both obtain. If the husband die without a will,
leaving children, the widow is entitled to the life use of one-third
of the real estate, and to one-third of the personal property
absolutely, the remainder going to them. If there are no children or
descendants she takes one-half of the personal property and as much of
the real estate for life as is not required to pay the husband's
debts. The other half of the personal property goes to the husband's
relatives and, after her death, all of the real estate. The widower is
entitled to a life use of all the wife's real estate if there has been
issue born alive. If she die without a will he may take the whole of
her personal property without administration or accountability to the
children or to her kindred. The widow and minor children are entitled
to certain articles of apparel, furniture and household supplies and
to six months' support out of the estate. The widow has the prior
right as administrator.
The wife may dispose of her personal and real property by will, but
can not impair the husband's curtesy, or the life use of all her real
estate. The husband may do the same subject to the wife's dower, or
life use of one-third of the real estate.
If any person having neither wife nor children die without a will "the
property shall go to the father of such person if there be a father,
if not, then to the mother, brothers and sisters."
All the property of a married woman, whether acquired before or after
marriage, is absolutely secured to her sole and separate use, free
from liability for her husband's debts. Personal and real estate may
be conveyed by her as if unmarried, the latter subject to the
husband's curtesy. Her husband must present an order from her to
collect the rents and profits.
A married woman may make contracts, sue and be sued, and carry on any
trade or business, and her earnings are her sole and separate
property. She can not, however, enter into business partnership with
her husband.
Neither husband nor wife is liable for the torts of the other. The
wife's property is liable for her debts or torts.
A married woman may act as executor, administrator or guardian if
appointed to those offices by will, but she can not be appointed to
them by the court except to the guardianship of children.[4
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