rs if she survives him. If he survives her, he is
entitled to her 'chattels real' and is also entitled to be made the
administrator of her estate. In that capacity he has a right to whatever
movables or debts have not yet been 'reduced into possession' and, when
the debts have been paid, he keeps these goods as his own. If she dies
in his lifetime, she can have no other intestate successor. Without his
consent she can make no will, and any consent that he may have given is
revocable at any time before the will is proved.
"IV. Our common law--but we have seen that this rule is not very
old--assured no share of the husband's personality to the widow. He can,
even by his will, give all of it away from her except her necessary
clothes, and with that exception his creditors can take all of it. A
further exception, of which there is not much to be read, is made of
jewels, trinkets, and ornaments of the person, under the name of
paraphernalia. The husband may sell or give these away in his lifetime,
and even after his death they may be taken for his debts; but he cannot
give them away by will. If the husband dies during the wife's life and
dies intestate she is entitled to a third, or, if there be no living
descendant of the husband, to one half of his personality [but see the
note of Bryce, above]. But this is a case of pure intestate succession;
she only has a share of what is left after payment of her husband's
debts.
"V. During the marriage the husband is in effect liable to the whole
extent of his property for debts incurred or wrongs committed by his
wife before the marriage, also for wrongs committed during the marriage.
The action is against him and her as co-defendants. If the marriage is
dissolved by his death, she is liable, his estate is not. If the
marriage is dissolved by her death, he is liable as her administrator,
but only to the extent of the property which he takes in that
character." [Mr. Ashton, in his very interesting book, p. 31, quotes a
peculiar note from a Parish Register in the reign of Queen Anne to this
effect: "John Bridmore and Anne Sellwood, both of Chiltern all Saints,
were married October 17, 1714. The aforesaid Anne Sellwood was married
in her Smock, without any clothes or headgier on." "This is not
uncommon," remarks Mr. Ashton, "the object being, according to a vulgar
error, to exempt the husband from the payment of any debts his wife may
have contracted in her ante-nuptial condition. Th
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