Kf PIS' (l}0rnfll ICam ^rJyool ^library KF 478 F75™" ""'"""y '-'*"»'y ^IniiinlSiKim "* *°'"*" :adapted for u 3 1924 018 794 630 DATE DUE ; <^^^T^^^ fc [ GAVLORO PRINTED IN U.SA ^^".•'iWMtiiWii******^***.*!'-!-^* Cornell University Library The original of tiiis book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924018794630 THE LEGAL RIGHTS OF WOMEN ADAPTED FOR USE IN EVERY STATE BY MEANS OF A BRIEF SYNOPSIS OF THE LAWS RELATING TO PROPERTY RIGHTS, DOWER, DIVORCE, THE RIGHTS OF A WIDOW IN THE ESTATE OF HER HUSBAND, ETC. CONTAINING ALSO MUCH OTHER HELPFUL INFORMATION, ADVICE AND DIRECTION FOR WOMEN IN EVERY WALK OF LIFE. By LEMUEL H.' FOSTER. author of Foster's First Book of Practice, The Lawyer in His Office, Etc. WOMAN'S PUBLISHING COMPANY DETROIT, MICHIGAN 1913 Copyright igij By Woman's Publishing Company, Detroit, Michigan PUBLISHER'S PREFACE. We unhesitatingly affirm, that never hefore has' of such importance and value as this, been offered to^ men, nor one which is so thoroughly deserving of their careful study. In no other book can be found such a fund of sound advice and direction in relation to vital questions which are constantly arising, or will surely arise. While the subjects treated are necessarily of a some- what technical nature, the language used is so plain and simple that any woman of ordinary intelligence can un- derstand it. The author, who has written law books which are re- garded as authority, is peculiarly fitted for the prepara- tion of this work, treating of the many serious problems so often presented to women for solution. In the course of a large general practice extending over many years, he has witnessed many scenes of sorrow and despair, in which the central figures were a woman and her children who had been reduced to poverty, deprived of their property or stripped of their inheritance, owing to the lack of knowledge of their rights or the absence of a word of caution or advice. It is these scenes which in- spired him with the commendable desire to place in the hands of women, a book which will enable them to know what their legal rights are and how to protect them. The author's years of successful practice; his experi- ence as an attorney for and an officer of large corporations and his practical knowledge not only of law, but of busi- ness problems, investments and securities, render him a safe and authoritative advisor upon the subjects considered and discussed. We sincerely believe that the possession of this book will mark an epoch in the life of every woman who is for- tunate enough to become the owner of a copy. Woman's Publishing Company. Detroit, Mich. A. D. 1913. TABLE OF CONTENTS CHAPTER I. Intkoduction. CHAPTER II. HiSTOBicAL. Contrast Between the Condition of Women Undeb the Common Law and Undeb Modern Conditions. The common law defined. Women's conditions under the common law. ^ Women's conditions under modern legislation. , CHAPTER III. The rights of unmarried women. Her right to make contracts and transact business. To act as administrator, executor or guardian. To endorse notes and be- come security upon bonds and the effect of so doing. She may become a general or special partner and the effect thereof. She may recover for a breach of promise to m,arry. Suggestions in relation to this subject. What constitutes a contract to marry. What will justify a refusal to perform a contract to marry. Damages that may be recovered. Damages for seduction and for seduction under promise of mar- riage. Right to recover for defamation of character. Expediency of bringing an action to redress personal wrongs. Suggestions in relation thereto. CHAPTER IV. Contracts in Contemplation of Marriage. The relationship between betrothed persons one of trust and confidence. Courts will closely scrutinize acts of either party whereby his or her financial condition is materially changed without the consent of the other. Law will not permit Intended husband to convey property on eve of marriage in order to deprive wife of dower. Suggestions in relation to women keeping property in their own hands. Ante nuptial agreements. Nature and purpose thereof. When will bar dower. When will be set aside for fraud. Caution should be exercised in entering into contracts of this nature. Should not be executed until the woman is satisfied it is fair and reasonable and absolutely secures to her the provision sought to be made. Effect of Ante-nuptial Agreement. What the woman surrenders thereby. Women should consult a lawyer before signing to ascertain the legal effect of the document. CHAPTER V. Separate property of married women and their rights in relation thereto. General observations. Synopsis of the laws of all the states relative to what constitutes separate property and the rights of a married woman to manage, control and dispose of her separate property. To what extent her separate property may be made liable for the debts of her husband. CHAPTER VI. Bights of the wife upon the death of her husband. Administration of the husband's estate. The widow's rights and duties In relation thereto. The widow's election where there is a will. How she must signify her election. Settlement of the estate. Steps to he first taken. CHAPTER VII. The interest of the toidow in the estate of her husband. Dower defined. Distributive share, defined. How dower may be released. When widow may have her dower set oft to her. Suggestions in relation thereto. Synopsis of the laws of all the states, relating to the widow's dower and her distributive share of the estate of her husband. Widow's right to remain in the homestead. Widow's allowance for the support of herself and her children dur- ing the settlement of her husband's estate. Nature of the allowance. By whom made. By what rules amount of allowance is governed. Setting off or assigning dower. By whom dower should be set off. Right of the widow to have dower set off. Nature of the proceedings. How her dower is determined. Assignment of a gross sum of money in lieu of dower. When this may be done. How amount to be paid is to be determined. CHAPTER VIII. Divorce. Divorces Defined. Distinction between absolute divorce and divorce from bed and board or limited divorce. ix Rights of the parties under decree. Grounds for divorce. Synopsis of divorce laws of all the States, giving grounds for di- vorce, time of residence required, and power of the Court to award alimony, determining as to the custody of children, etc. Validity of divorces. Upon what it depends. Court must have jurisdiction. Proceedings must be conducted in good faith. Party commencing proceedings must be a bona fide resident. Caution against Illegal and irregular attempts to procure a divorce and against so called divorce lawyers who advertise to obtain divorces without publicity. Legal effects of a divorce. Of an absolute divorce. Of a limited divorce. When the parties may re-marry. What credit will be given a decree of divorce by the courts of other States. Children, custody of. Rules governing the awarding of. Court may make provisions for support as well as custody of. Alimony. Temporary alimony defined. When awarded. Permanent alimony defined. Powers of court to award. Considerations that will govern in awarding. Decree for, how enforced. Legitimacy of Children. How affected by decree of divorce. CHAPTER IX. Parekt and Child. Custody of children as between parents. Common law rule. Rule in this country. Mother's claim for consideration In awarding custody. General rules, how modified by statute. Legitimate and Illegitimate children. Legitimate child, who is. Presumption as to legitimacy. Illegitimate child, who is. From whom illegitimate child may inherit. Right of the mother to the custody of children after death of the father. When entitled to earnings of child. When bound to support child. Mother's relinquishment of right to custody and earnings of child. Guardianship of Child. Father may appoint Guardian by Will. Mother may be guardian, when. Courts may ignore father's appointment by will. When mother may appoint Guardian by will. Injuries to children. In what cases mother may recover for. In what cases recovery must be for benefit of child. Mother may recover for seduction of daughter, when. Rule in relation to recovery for seduction. CHAPTER X. Wills. Wills and Testaments defined. Codicil defined. Terms — testator, testatrix, devisee, legatee, bequest and executor, defined. Nomination and appointment of executors. Who may make a Will. Amount of mental capacity required considered. Conditions which will render a person incapable of making a will. Lucid intervals considered. Undue influence. What constitutes undue Influence. What does not constitute undue Influence. The degree of Influence that may be properly exerted, considered. Effect of violence or HI treatment. Form of a Will. General observations regarding the parts of a will, followed by a common form of will. General observations and suggestions in relation to making wills. Wills, how construed. Godicils defl,ned. Purpose of. When codicil preferable to entire new will. Revocation of Wills. Will may be revoked, how. Accidental destruction of will not regarded as a revocation. Will partly destroyed but retained may be shown to be valid will. Marriage revokes will, when. When a will becomes operative. Probating of will, proceedings in relation thereto. Widow's election. Widow may elect whether she will accept the provision made for her by her husband's will or take the share of his estate secured to her by law. CHAPTER XI. Investments and Management of Pboperty. General observations upon the subject. Women should have knowledge of the elementary rules governing Investments and management of property. Property. How classified. Real property defined. Personal property, what it includes. Title to real property, how passed. Conveyances. Terms "grantor" and "grantee" explained. Warranty Deed. Definition thereof. Covenants contained therein and meaning and effect thereof. Exceptions from effect of and when necessary. Title, examination thereof. Caution against purchasing property until title has been examined by competent attorney. Quit Claim \Deed. Nature and effect thereof. Should not be accepted as conveyance but warranty deed should be insisted upon. Recording. Conveyances should be recorded promptly. Conveyance takes effect as to innocent purchasers from time of lodging for record. Mortgages. How classified. Real estate mortgages. Chattel mortgages. Value of as an investment. Questions to be considered before investing in. Terms "mortgagor" and "mortgagee" defined. Duty of mortgagor in relation to furnishing abstract of title and assigning insurance policies. Mortgages should be recorded. Chattel mortgages as an investment. Second mortgages. Caution in relation to loaning money on. stocks and Bonds. Government bonds as an investment. Industrial bonds. Caution in relation to purchasing for invest- ment. Registered bonds, virhat are. First and second mortgage bonds, difference between as a security. Mining stocks and bonds. Caution against purchasing. Interest yield of stocks and bonds at various prices. Liability of stock holders. General observations in relation to this subject. Liability upon part paid stock. Liability for assessments. Over capitalization and liability to be "frozen out." General unsatisfactory character of stocks as an investment. Preferred and Common Stock. Explanation of the terms "Preferred Stock," "Common Stock," "Cumulative Stock" and "Non-cumulative Stock," with examples illustrating the difference between them. Voting Power of Stock. General rule in relation thereof. Power may be governed by Charter or By-Laws of the Company. Stockholders may vote either in person or by proxy. General discussion of the subject of corporate stocks. Banks and Banking. "Bank" defined. Powers of Banks. National Banks, powers of. State Banks. Private Banks. Bank stocks as an investment. Double liability of holders of bank stock. Bank account. How opened. Pass Book. Necessity of preserving. Checks, How drawn and endorsed. Made payable to bearer, effect of. Form of bank check. Depositor should keep accurate account of deposits in and with- drawals from bank. Pass book should be left with bank to be balanced up. Receipts. Necessity for giving and receiving. Should show for what it was given. Forms of receipts. Should be carefully worded so as to show true nature of the trans- action. Keeping accounts. General observations as to the necessity thereof. Entries should be made at the time of the transaction. Should be accurate and clear. Example : Taxes. Payment of. Genft-al observations upon the various kinds of taxes, the duties of property owners in relation to the payment o¥ taxes. Penalties for neglect or refusal to pay taxes. Tax receipts, necessity for preserving. Preservation of Papers. Suggestions in relation to the care of valuable papers, securities, receipts, etc. Suggestions in relation to safety deposit vaults. CHAPTER XII. Women in Business. Bight of married woman to carry on business in her oion name. Statutory provisions of all the States relating thereto. Legal Status of women in business. Questions to be considered before embarking in business. Suggestions in relation to purchasing an established business. Good will, defined, value of, how determined. Suggestions in relation to title. Contracts not to engage in same business. General discussion of business principles. Bill of sale, form of. Attention to details, etc. Exemption of property from payment of debts. Dealings with minors. Employer and employee. CHAPTER XIII. Pbincipal and Agent. The term "Agent" defined. Agency, how created. Form of the agreement. Powers of attorney, nature and effect of. Power of attorney should be recorded, when. Implied agency. General Agent, what is. Special Agent, what Is. Extent of authority of Special Agent. Powers of General Agent. General rule in relation to authority of agents. Agent's authority cannot he established by the unsupported state- ment of the agent. General observations upon liability of principal for acts of agenti. Principal when liable for unauthorized act of agent. Care to be exercised in selecting agents. Compensation of agents. Agent cannot demand compensation from both parties. Termination of agency. Power of Attorney, general form of. Power of Attorney to sell real estate, form of. Powers of attorney may be revoked, when and how. Death of principal terminates agency. When. Notice of revocation of power of agent. Caution in relation to dealing with agents. Attorney and Client. The relation between, defined. Nature and extent of an attorney's authority. Employment of Attorney by Agent. Liability of Attorney to client. Business dealings between attorney and client. Communications between attorney and client held to be confidential. Compensation of Attorneys. Termination of relation of Attorney and Client. CHAPTER XIV. Rights of Landlobd and Tenant. Terms "lease," "lessor" and "lessee" defined. xvi Lease, what constitutes. General discussion of the law relating to leases. Terminated, how. Forfeited, how. Tenant cannot be compelled to occupy premises that are unfit for habitation. Eviction, what constitutes, and effect of. Forms of lease. How premises should be described in. Covenants, defined, effect of. Repairs. When landlord must make. When tenant bound to make. Extent of tenant's liability to repair. Termination 0/ letting. When term expires under lease. Effect of holding over after termination of letting. Remedy of landlord for non-payment of rent. Sub-letting. When tenant may sub-let. Payment of rent in advance. When landlord may enforce. Alterations. Rights and liabilities of tenant in relation thereto. Fixtures. General observations in relation thereto. Lease, common form of. Covenants to be incorporated in leases for certain purposes. CHAPTER XV. FiBE, Life and Accident Insueance. Fire insurance described and technical terms defined. Description and location of property insured. Description where there is more than one policy covering the same property. Suggestions In relation thereto. How payable -where made payable to the Insured or his estate, or as he may direct by will. Objections to policies so payable. Bankruptcy, how policies so payable affected by. Provisions of the bankruptcy laws in relation to redeeming such policies. Advantages of such redemption. Cash surrender value of policies defined. Endoioment policies described and defined. How payable. Representations. General observations in relation to. Must be true. Effect of false representations. Premiums. Necessity of prompt payment of. Effect of neglect to pay. Proof of loss. Duty of beneficiary in relation to. How made. Local agent will assist in making. Life income policy defined and benefits of described. Payment of monthly income will be paid direct to beneficiary. Income will be paid during the life of the beneficiary, or if she shall die before it has been paid for twenty years it will be paid to such person as she may direct until it shall have been paid to some one for twenty years. Life income policy illustrated and explained. How larger or smaller income may be secured. Life insurance by women. General discussion of the subject. Accident and health insurance. Suggestions in relation to. Conclusion. THE LEGAL RIGHTS OF WOMEN CHAPTER I. INTRODUCTORY. There is no subject which ought to be better understood by woman than the position which she occupies in the eyes of the law and her rights and liabilities under the law, and none about which she has been kept in greater ignorance; a condi- tion of affairs for which she is hardly accountable, however, but which arises from the dependent position in which she is ordi- narily placed and her limited opportunities of obtaining in- formation upon this important subject. How can a woman know what her rights and liabilities are? How can she ascer- tain what her rights are in the estate of her deceased husband or as regards the care, custody and control of her minor chil- dren? How can she protect her own separate property so that it shall not be swept away or squandered by a designing or incompetent husband? How can she know when asked by her husband to sign a legal document that she is not stripping her- self of all her rights in his property or to dower, or placing her own separate property at the mercy of his creditors ? There is one way, to consult a lawyer, but a woman hesitates to take a step of this kind, implying, as it does, a lack of confidence in her husband. She does not like to discuss such matters with her husband because as a rule he will regard her inquiries as an evidence of discontent or dissatisfaction and the result will sometimes be to engender more or less bad feeling. She can- not go to her friends, because loyalty to her husband and a feeling of natural pride prevents. Law books there are to be sure, which treat of the domestic relations but they are written 21 22 The Legal Bights of Women for lawyers and are not adapted to the understanding of the lay reader. The result is that women as a class, grope blindly in the dark, doing the bidding of their husbands in all things pertaining to their legal rights and property and trusting to good fortune to bring them out right. "We believe this state of dependence and ignorance — excus- able ignorance — ^has been the cause of untold suffering and misery. Wives have been wronged. Widows without number have been stripped of their property and deprived of their lawful share in their husband's estate through following bad advice, and the lack of knowledge of their rights. Children have been wronged, and the little property left for their sup- port and education squandered or appropriated by designing friends or relatives. There are many women today who are in poverty, who would be in comfortable circumstances if they had fully understood what their rights are before the law, and in- sisted upon maintaining them. Realizing therefore that there should be a book written expressly for the benefit of woman, to tell her what her rights are under the various conditions of life; how to care for and preserve her property; her rights as regards her children and their estates ; what to do when widow- hood comes ; and what her rights are as a widow, as well as to give her useful information upon matters of business, and in relation to the care and preservation of her property, we have prepared the following pages. The style has been made as simple as possible, avoiding technical terms wherever practic- able, and our endeavor has been to state what the law is in language so plain as to be understood by any one. With this book in her hands a woman may feel that she has an advisor to which she may always turn with assurance that she will find the desired information plainly and correctly stated. It will advise her in relation to her legal rights and enable her to act prudently and understandingly in all mat- ters relating to the management, care and preservation of her property. The Legal Bights of Women 23 Every page of this book contains interesting and valuable information for women, and wbile there may be no immediate necessity for applying this information, still a careful reading of the book will so far enlighten the reader upon the vital questions which will surely arise some time during her life that she wiU be enabled to act quickly and intelligently when the necessity for action does occur. She who is forearmed is doubly safe and every woman owes it to herself and to her children and to others who may be dependent upon her, to know what her legal rights are and what she should or may legally do when siiddenly or un- expectedly brought face to face with some question, the solution of which may affect either for good or evil, her whole future life and the prospects of her children. The chapter in relation to contracts in contemplation of marriage or ante nuptial contracts is of special interest to women who are about to be married. This is particularly true if it is proposed, as is freqeuntly the case, to limit or determine by an agreement made before marriage, the extent of her interest in the property of her intended husband in the event of his death. The chapter in relation to the separate property of a mar- ried woman is of great value as it defines her rights therein and the extent of her control thereof, as well as the control, if any, which her husband may exercise over it. The chapters in relation to the rights of the wife upon the death of her husband, and her interest in his estate, are of in- estimable value and should be carefully studied. The law relating to parent and child, defining as it does, the rights of the mother to the care, custody, education and support of her children under the varying conditions of widowhood, under judicial separation and divorce, is of special interest to every mother and she will find this subject fully and clearly discussed in the chapters upon Parent and Child and Divorce. Every woman who is in business or who contemplates em- barking in business will find the chapter upon Women in Busi- ness, Principal and Agent and Attorney and Client of great 24 The Legal Bights of Women value and assistance, containing as they do, advice and counsel which if followed, may result in making a success of a business venture which otherwise might result in great loss if not abso- lute failure. Every woman who has property to manage or has money invested, or who has money to invest should study carefully the chapter on Investments and the Management of Property, as it describes fully and clearly the various kinds of mortgages, conveyances, stocks, bonds and other securities; advises what classes of securities are safe and what to avoid; how to deter- mine the earning power of investments and in short, enables her to judge very largely for herself, as to the safety or desirability of investments as well as how to preserve what she has. The subject of life insurance should appeal very strongly to every woman who is interested in knowing that an adequate provision will be made for herself and children in the event of the death of her husband. The wage earner and the man on a salary will rarely be able to save enough, even by the most rigid economy, to properly care for his widow and children. The man in business finds use for his spare funds in building up and extending his business, and while he may be accumu- lating a competency, it is usually invested in and subject to the risks of the business and may shrink materially in the event of his death. On the other hand, a comparatively small annual payment will secure to the widow a certain definite sum of money upon the death of her husband or a fixed income for life of a certain sum which will be paid to her monthly by the insurance com- pany ; or a policy for a certain amount payable to the husband or wife while still living to enable them to live comfortably during their declining years. All this may be accomplished through the medium of some well selected form of life insurance and it should be the special care of every married woman to see that her husband makes an adequate and sure provision for her, to the extent of his ability. The Legal Bights of Women 25 by means of some form of life insurance ; and in order that she may understand the nature, scope and affect of life insurance, the chapter upon this subject has been written and should be carefully studied. The subject of wills is also carefully treated and is of the greatest importance to every married woman whose husband has property. The laws of every state define the rights of the widow in the estate of her husband and no will made by him can force her to take less than what the law gives her without her con- sent. But if there are children, her share may not be sufficient for her support, as they may inherit the greater part of the estate. Or if there be no children the greater part of the estate may go to the father, mother or other relatives of the husband. It is important therefore for the wife to know how far the law will permit her to go in influencing her husband to make a will in her favor, as well as the general principles of law relating to wills and the making thereof, and all of these matters are fully and clearly discussed and explained in the chapter on Wills. There are many other subjects treated of in the following pages which are not touched upon in this introductory chapter, which will be found exceedingly helpful. The book opens up to women a new line of study and thought ; it broadens her understanding and enables her to face the problems of life with greater confidence in her ability to meet and solve them correctly. The adage, "Knowledge is power," was originally written for men ; why should not woman adapt it to her own use, or why not adopt and improve upon it, making it read, "Knowledge is power, independence and safety." "Non omnium, quse a majoribuB noitrU conttiiiUa sunt, ratio reddi potest; el ideo rationes earum, quse comtituuntur, inquiri non oportet: alioquin multa ex his, quse certa mmt, subvertuntur." Translation — A reason cannot be given for all those laws which have been made by our ancestors; and therefore the reasons for those which are in force ought not to be demanded, otherwise many of those which are established would be over- thrown. CHAPTER II. HISTORICAL CONTRAST BETWEEN THE CONDITION OF WOMEN UNDER THE COMMON LAW. AND MODERN CONDITIONS. There is perhaps no stronger evidence of the march of pro- gress than the contrast between the condition of women under what is known as the common law, and under modern conditions as disclosed by an examination of the laws relating to women and their rights under the laws now in existance in this country. The elevation and emancipation of women has kept pace with the march of progress and enlightenment. The married woman has been recognized as having an existence as an inde- pendent being; she is no longer regarded as having merged her existence in that of her husband by virtue of her marriage. She is now recognized as having the right to own and hold property and as having sufficient intelligence and judgment to manage and control it. The common law of England consists as Eas been said by a well known writer of "A mass of principles, usages and rules of conduct applicable to the government and security of persons, which do not rest for their authority upon any express and positive declaration of the legislature." It is a collection of principles to be found in the opinions of judges or deduced from universal usages and based largely upoD ancient customs, that is, upon customs that have been in vogue so long that, as the old writers say "the memory of man runneth not to the contrary." The common law of England was imported into this country by the English Colonists and the rule is now established in most of the states that so far as it is applicable to our form of government and intitutions the common law of England and 27 28 The Legal Rights of Women the English Statutes in force at the time of the Revolution con- stitute a part of the common law of this country. Under the strict rules of the common law, a woman ceased to have a separate legal existence as soon as she married. She could no longer act independently in any matter relating to her property. Her personal property vested in her husband and he had the right to take possession thereof and use it without any regard to her wishes or opinion; her real estate became subject to his management and control and he was entitled to the revenues therefrom. All of her property both real and per- sonal was subject to the payment of the debts of her husband and could be levied upon and sold to satisfy judgments against him and unless her property or some part thereof was secured to her by marriage settlement, she might be reduced from wealth to poverty by the folly or incapacity of her husband, without the slightest power to prevent it. As regards her personal rights, her condition was but little if any better. In the light of today she would be regarded as little better than a slave. Her condition is perhaps best illus- trated by the fact that under the old common law a husband had the power to chastise his wife provided he used a rod not thicker than his thumb. She could not testify against her hus- band no matter how grievous the wrong complained of. She could not bring a suit in her own name even for an injury to her own person, but her husband was a necessary party to the suit and the damages to be recovered depended not upon the pain and suffering of the wife, the injured party, but upon the extent to which her husband had been deprived of the services of his wife by reason of the injury. Many of the provisions of the old common law relating to hurband and wife seem very strange to the reader of today. Blaekstone, the great English Commentator writing upon this subject says, "By marriage the husband and wife are one per- son in law, that is, the legal existence of the woman is suspended during marriage, or at least incorporated into that of her hus- The Legal Bights of Women 29 band, under whose protection and cover she perforins everything, and is therefore called by French Law a feme covert, or under the protection of her husband, her baron or lord, and her ' ' con- dition during marriage is one of coverture." "A man can- not grant (convey) anything to his wife, or enter into a coven- ant with her, for the grant would be to suppose her separate existence, and to contract with her would be to contract with himself." Again the same writer says : Blackstone Commentaries Vol. 3, p. 139, "Injuries that may be offered to a person considered as a husband are principally three : Abduction, or taking away a man's wife; Adultery, or criminal conversation with her; and beating or otherwise abusing her. As to the first sort, abduction, or taking away, this may either be by fraud and persuasion or open violence ; though the law in both cases supposes force and constraint, the wife having no power to consent; and therefore gives a writ of ravishment," etc. * * * "This action lay at the common law, and thereby the hus' band shall recover, not the possession of his wife, but damages for taking her away. " * * * " The husband is also entitled to recover damages against such as persuade and entice the wife to live separate from him without sufiSeient cause. The old law was so strict on this point, that if one's wife missed her way upon the road, it was not lawful for another man to take her into his house, unless she was benighted and in danger of being lost or drowned; but a stranger might carry her behind him on horseback to market to a justice of the peace for a warrant against her husband, or to the spiritual court to sue for a di- vorce." 2. "Adultery or criminal conversation with a man's wife, though it is as a public crime left by our laws to the correction of the spiritual courts, yet considered as a civil injury the law gives a satisfaction to the husband for it by action of trespass vi ct armis (with force and arms) against the adulterers. 30 The Legal Bights of Women wherein the damages recovered are usually very large and ex- emplary. ' ' "The third injury is that of beating a man's wife, or other- wise ill using her ; for which, if it be a common assault, battery or imprisonment, the law gives the usual remedy to recover damages by action of trespass vi et armis (by force and arms) which must be brought in the name of the husband and wife jointly; but if the beating or other mal-treatment be very enor- mous, so that thereby the husband is deprived for any time of the company and assistance of his wife, the law then gave him a separate remedy by an action of trespass, in nature of an action upon the case, for this ill usage in which he might recover satisfaction in damages." Nowhere do we find any remedy under the common law which may be resorted to by a married woman in her own behalf ; she does not appear to have been con- sidered as having any rights except such as she might be able to enforce through her husband and for his benefit rather than for her own. It is not surprising that these conditions should appeal to the sense of fairness and justice of the legislators in a free and en- lightened country and gradually the strict rules of the eonmion law were forced to give way to a more liberal policy. The common law rules relating to the status of women have been swept away and in their stead has grown up a system of statute law which practically places the married woman upon an equal- ity with her husband so far as the ownership, care, management, purchase and sale of property is concerned. No longer does her property vest in her husband as an incident of the marriage ; no longer is her property subject to her husband's debts. The theory of unity of person is so far abolished as to permit in many of the states the husband and wife to make contracts with each other and to have business dealings together in the same manner as though they were unmarried. The laws of the States are not uniform, however ; in some a greater amount of freedom is bestowed, but the general trend The Legal Bights of Women 31 of legislation for more than fifty years has been for the emanci- pation of woman until she is really better protected in some respects than her husband. While the law makers have been enacting these beneficent laws for the emancipation of married women, they have very wisely thrown certain safeguards about them. They recognize the fact that the husband as a rule exercises a great infiuence over his wife and it is right that it should be so ; it is the natural result of the close relationship between husband and wife; but this fact makes it necessary to protect the wife against herself as it were, and in many of the States the law provides that a married woman cannot make herself or her separate property liable for the debts of her husband either by becoming an en- dorser upon his note, by guaranteeing his account, becoming a surety on his bond, or in any other manner. The law is also changed in relation to husband and wife testifying for or against each other. Formerly this was strictly prohibited but now this prohibition is done away with to a cer- tain extent in most of the states except as to communications made by one to the other during marriage. The laws of the several states vary materially upon this subject but they all seek to open the door for such evidence as wide as the confiden- tial relationship which exists between husband and wife will admit. Modern laws are more liberal too in securing to a widow a reasonable support out of the estate of her deceased husband. In most of the states she is entitled not only to dower or in states where dower is unknown to a certain definite share of her hus- band's estate, but she is also allowed a reasonable support during the time his estate is in process of settlement. This right of dower or its equivalent can not be taken away from her. The husband can not will away his property so as to deprive her of it, nor can he deed it away so as to cut off her dower without her consent. A provision by will for the widow instead of dower does 32 The Legal Bights of Women not cut off her dower unless she accepts it and if such provision is not satisfactory she may elect to take what the law gives her instead of such provision. So it will be seen that under modern laws the condition of a married woman is one of comparative independence, she is the equal of her husband before the law. She has a legal standing and place in the world as a separate and distinct individual and while the fiction of the unity of husband and wife is still pre- served in the marriage service it does not in fact longer exist as a matter of law, except to a limited extent. In some of the states woman is given the right of suffrage upon equal terms with men and may cast her vote without re- gard to the wishes of her husband and absolutely free from his control or influence. In other states she is given a limited suf- frage which permits her to vote for school trustees, hold school offices and act as school trustee; and if she is a tax payer, to vote upon questions involving the raising of money by taxation and the appropriation and expenditure thereof. The business world is open to her and she is found not only in business for herself, but also in many positions of trust and confidence; in the professions, the office, the bank and in short, in every place where the work is such as she is physically capable of performing. Not only has her presence in these various lines of endeavot come to be accepted as a matter of course, but men are realizing that for many positions she is more competent and trustworthy than men. In every field she enters, she demonstrates her ability to take care of herself and to hold her own as against her male competitor, if not to distance him. She has shown a wonderful capacity for organization as is shown by the movement for the suffrage, the thousands of wo- mens' clubs, the federation of womens' clubs and the organiza- tion of societies and movements for the betterment of social or The Legal Bights of Women 33 civic conditions and for the benefit of working women and girls and the care and protection of children. The Juvenile courts, the laws for the suppression of the white slave trafSc, regulating the working hours of women and requir- ing sanitary workshops the suppression or regulation of sweat shops, the establishment of play grounds for children in con- gested districts of the large cities, the establishment of settle- ment houses and many other important and valuable improve- ments and reforms along these and other lines are largely, and in many instances, wholly due to the organized efforts of women. There seems to be no limit to the power and influence for good which is now and may even in a greater degree, be exercised in the future by the organized efforts of women, and the fact that these efforts are approved and often assisted by so many thinking men, affords one of the strongest possible illustrations of the contrast between the condition of women, not only under the old common law, but until a comparatively recent period, and as it is today. CHAPTER III. THE RIGHTS OF UNMARRIED WOMEN. As a general rule an unmarried woman stands upon the same footing as a man as regards her property and business rights and liabilities. She may after attaining her majority exercise her free will in choosing her domicile ; she may pursue any voca- tion for which her education, talents or tastes may seem to fit her; she may acquire and hold property in her own name and dispose of it at her own pleasure ; she may convey or mortgage her real estate, borrow and loan money, prosecute and defend suits, make contracts and enforce them in the courts or other- wise; she may transact business as a trader and do everything in connection therewith that a man may do; she may become a bankrupt and may proceed and be proceeded against in bank- ruptcy proceedings to the same extent and with the same privi- leges and liabilities as a man; she may become surety upon bonds, thus making herself and her property liable for the de- fault or wrong doing of others; she may become an endorser upon bills of exchange and promissory notes, may endorse notes for her friends and thus jeopardize her property by becoming liable for the payment thereof. An unmarried woman may also act as administrator, execu- tor, trustee or guardian; she may become bail in civil or crim- inal actions thus rendering her property liable in the event of the default of the defendant in not appearing at the trial of the cause or for a breach of any condition contained in the bail bond. She may also become a general or special partner in any lawful business with the same rights and liabilities as though she were a man. She may as a rule enter into the active practice of any of the liberal professions and many women have achieved great success in these lines of work. The prejudice 34 The Legal Rights of Women 35 against women in business and professional life is rapidly dis- appearing and women are continually finding new fields of activity and enterprise. While an unmarried woman is practically upon the same footing as a man as regards her business and property rights, still there are things which she has the power to perform that it would be better for her not to undertake, for example, while she may become a general or special partner, still it may not be expedient for her to do so. By becoming a general partner she becomes liable for all the debts of the partnership and may be ruined financially by the dishonesty, extravagance or bad management of her partners; by becoming a special partner she may limit the amount of her losses to the amount of her investment by a careful compliance with the provisions of the law governing special partnerships, but her investment will be subject to all the risks and uncertainties of a business in the management of which she will practically have no voice. She may become a guarantor or endorser on a note to ac- commodate a friend, but she should not do so unless she is per- fectly willing to pay the note when due, for the experience of most people who endorse notes is that sooner or later they are called upon to pay them. The same may be said in relation to becoming surety upon bonds. Signing a bond appears to be only a matter of form and is often requested as a matter of friend- ship, but in these days when there are many companies organ- ized for the express purpose of becoming surety on bonds, it is something like an imposition to be asked to act as surety even for a friend. Right to Recover for Breach of Contract to Marry. A single woman who is of full age may sue to recover damages for the breach of a contract of marriage and if she has been se- duced under promise of marriage this fact may be shown for the piirpose of increasing the damages. A contract of marriage is as valid and binding upon the parties thereto as any other con- tract and the courts will give ample redress to a woman who has 36 The Legal Bights of Women been wronged by the breach of such a contract. It is neces- sary, however, not only that there be an actual contract or en- gagement to marry, but the woman who sues must be able to prove that fact. Sometimes this is difficult, especially where there were no witnesses and there has been no announcement of the fact ; in such a case there is nothing but the word of the woman against that of the man, but this may be supplemented by evidence of acts upon the part of the man which tend to es- tablish the relation, such as the paying of marked and exclusive attention, the gift of a ring, a reference to the woman by the man as his future wife, references in letters that tend to estab- lish an engagement and the general conduct and attitude of the man toward the woman. None of these acts conclusively estab- lishes the fact of a marriage contract but they may be shown in connection with the woman's declaration of the existence of such a contract and the jury before whom the case is tried may consider them for what they are worth. A promise of marriage may be inferred and an engagement to marry be proved by the conduct of the parties and the presence of those circumstances which usually accompany such a relation, and the court will allow the plaintiff to show these circumstances as corroborative of her testimony that a contract to marry was actually made. In order to constitute a contract to marry there must have been a serious promise intended as such by the person making it and an acceptance by the person to whom it was made. In the words of the law, their minds must have met and both re- garded it as a serious offer and an acceptance, but when the offer has been made and accepted the law will not permit the man to withdraw upon the plea that he did not mean to make the of- fer or that he has changed his mind. But the discovery after the engagement that the woman is immodest or fast, or that she has been unchaste, or that she has made statements showing a lack of affection for him will justify the breaking of the engagement. The amount of damages that may be given depends upon the circumstances of the case. The loss of a husband is an element The Legal Bights of Women 37 of damage and in this connection will be considered the age of the woman and the pecuniary worth of the defendant and his condition in life. The publicity of the engagement and the notoriety attending the breaking of the engagement; and the question whether the woman was held up to ridicule or scorn by her neighbors may also be considered. The jury may also consider whether the engagement was broken under such circum- stances as to unjustly or cruelly reflect upon the character of the woman and any other circumstances which tend to aggravate the damages. In short, there is no fixed rule by which to deter- mine the amount of the damages that may be recovered, and the court will ordinarily leave the whole question for the determina- tion of the jury and will not as a rule disturb the verdict even though it be very large. Damages foe Seduction. As a rule a woman can not re- cover damages for her own seduction except in those states which are very few in number, where there is a special statute permit- ting her to sue therefor. Where the seduction was accomplished under the promise of marriage, it may be shown for the purpose of increasing the damages in an action for breach of promise, but with the excep- tions stated she cannot sue in her own behalf, no matter how serious the consequences may be to her. The doctrine of the law is that by consenting to the act she is a particeps criminis, that is, a party to the wrong, and therefore is not in a position to complain. But there have been exceptions to this harsh rule, for example, the Supreme Court of Connecticut held in one case where the woman was seduced through force, fraud or deceit and against her will that she might maintain an action in her own right. In the case referred to it was alleged that through cer- tain fraudulent practices and representations upon the part of the defendant, he obtained the consent of the plaintiff and her family and friends for her to go to live in his family as a servant; that he thereupon took her away and placed her in the family to perform the ordinary duties of a servant but that 38 The Legal Bights of Women he did this for the purpose of getting possession of her person for the purpose of accomplishing her ruin, and that she being in his power, in his house, remote from friends and unable to con- sult them, being young and inexperienced, in a condition of de- pendence and in fear of the defendant, yielded to his arts, per- suasions and commands, and the court decided that upon this statement of facts she could recover. The grounds of this de- cision are that the woman did not consent but that the acts of the defendant amounted to what is known in law as constructive force, so that the doctrine of particeps crirmwis, was over- come. She was not a willing party to the wrong but was over- come by fraud and force and therefore, was not barred from re- covering damages therefor by considerations of public policy as she would have been had she freely given her consent. The rule laid down in this case is so reasonable and so thor- oughly in accord vsdth right and justice that it creates a pre- cedent which the courts of other states ought gladly to follow as there is no wrong that can be inflicted upon a virtuous woman that deserves punishment more than that of seduction. But while it is a general rule that a female cannot sue for her own seduction, where it was accomplished with her consent, still the law provides a partial remedy by permitting her parents to sue therefor under certain circumstances which are treated at length in the chapter upon parent and child. Right to Recovee foe Defamation of Chaeactee. An un- married woman may recover for libelous or slanderous words written, printed or spoken, concerning her character or reputa- tion. If she is of age she may sue in her own name, but if a minor, she must sue through a guardian or next friend, ac- cording to the laws of the state where the action is brought. In either case the damages recovered will belong to her. What constitutes libelous or slanderous matter, depends upon the cir- cumstances under which it is written, printed or spoken. The law of libel and slander is very technical and an exposition thereof does not come within the plan of this work. If a neces- The Legal Eights of Women 39 sity arises for resorting to the law to obtain redress for a wrong of this character, a good lawyer should be consulted. Expediency of Bringing an Action to Redeess a Peesonal Wrong. There is a maxim of law to the effect that there is no wrong for which there is not a remedy, and while this is true in theory, still it is not always expedient for the person who has suffered a wrong to seek redress in the courts. In the case of a breach of promise of marriage, the woman may suffer in her prospects of life, she may be humiliated and have just cause for bringing a suit, but what will be the result if she does ? She will publish her wrong and disappointment to the world; she will gain an unenviable notoriety, and suffer far more keenly than she would by burying her sorrow and mortification in her own breast. She should consider these things before bringing suit. So in case of seduction. She may conceal her trouble, or knowledge thereof may be confined to the family circle, or in any event, to a limited number of people, while to bring an action therefor will publish it to the world and gain for the unfortu- nate victim a notoriety far beyond the power of money to com- pensate. The same holds good where the woman has been a victim of libelous or slanderous stories. A few may believe them but her friends will not, and if she rushes into the courts she will publish the stories to the world, and even though she may be vindicated by the action of a jury, still she will have gained an unenviable notoriety. We do not mean to say that a woman should never resort to the law for the purpose of redressing wrongs of the nature referred to. There are doubtless many eases where a resort to the courts is not only justifiable but expedient as well, but a wo- man should not lightly and thoughtlessly pursue a course which may result in far greater injury to her reputation and pros- pects in life than the wrong complained of; she should weigh carefully all the surrounding circumstances and counsel with her friends, and above all things avoid taking any action until she has given the subject careful and thorough consideration. CHAPTER IV. CONTRACTS IN CONTEMPLATION OF MARRIAGE. The relationship between betrothed persons is regarded as one of trust and confidence, and any act upon the part of either party whereby his or her financial condition is materially changed upon the eve of marriage without the full knowledge and consent of the other, will be closely scrutinized by the courts if it becomes necessary or proper to invoke their aid. The intended husband will not be permitted to convey away his property upon the eve of his marriage so as to deprive his intended wife of her dower, homestead, or other interest therein, because to do so would be to open a wide door for fraud and tend to deprive the wife of the provision which the law makes for her. Neither will the court permit an intended husband to be- come possessed of the property of the intended wife without a good and valuable consideration; and conveyances made by the intended wife to the intended husband will be set aside when- ever it is made to appear to the Court that the woman has been over-reached in the bargain through any wrongful act upon the part of the intended husband. The law takes into consideration the confidential relationship existing between the parties and refuses to allow the man to profit thereby. It is not possible however, for the law to protect the confid- ing woman in all cases. Instances arise where the man covers his tracks so skilfully that the law can find nothing upon which to base the relief sought by the defrauded woman. It is there- fore a safe rule for the woman to keep her property in her own hands. The man who is extremely anxious to obtain the title to his intended wife's property is doubtless more concerned about that than about the future happiness of the woman who is about to commit herself to his keeping and the woman who trusts him 40 The Legal Bights of Women 41 will doubtless regret it very soon after marriage. The man who is insistent upon having his intended wife transfer her securi- ties, bonds, mortgages, bank books, etc., to him is not as a rule, the man to make a woman happy after she becomes his wife. The law in most of the states (as is more fully explained elsewhere in this book) has placed the property of married women in their own exclusive charge and control free from any right of control upon the part of the husband. Her property cannot be sold or encumbered by her husband or made liable for his debts. It is a wise and merciful provision upon the part of the law makers, and women should be careful not to deprive themselves of this protection by sentiments which, however strongly they may appeal to the heart, cannot be justified when viewed in the cold light of everyday experience. Ante-nuptial Agreements. There is a species of contract between a man and woman in contemplation of marriage which is somewhat common and requires careful consideration, viz.: the so-called Ante-Nuptial agreement, wherein the intended wife, in consideration of a certain provision therein set forth, re- leases her dower rights in all property which her intended hus- band may then own or thereafter acquire. These agreements are most commonly resorted to in cases where there are children by a former marriage, for whom the father is desirous of preserving his property, and when such an agreement is fairly entered into, the Courts will enforce it. It is, however, a well settled rule that in order to make a valid ante-nuptial agreement to bar dower, there must be a concurrence of the following conditions : (a) The agreement must make an adequate provision for the support of the wife with reference to the walk in life of the parties and the size of the estate. (b) It must have been executed with full knowledge upon the part of the intended wife, of the extent and value of the property of the intended husband and of what rights she is foregoing by entering into the agreement. 42 The Legal Bights of Women Such an agreement will be set aside for fraud whenever it is made to appear to the Court that the intended husband has concealed from his intended wife the amount and condition of his property thereby misleading her into believing him to be worth much less than he really is worth. Perhaps no better illustration of the rule can be given than that laid down by the Court of Appeals of New York, in the case of Pierce vs. Pierce, 71, N. Y. Eeports, page 154, which is as follows : ' ' The surrender and release of rights to be acquired by the intended wife by the marriage relation, must be regarded with the most rigid scrutiny; and Courts will not enforce con- tracts of this nature against the wife where the circumstances establish that she has been over-reached and deceived, or been induced by false representations to enter into a contract which does not express or carry out the real intention of the parties. The relationship of parties who are about to enter into the marriage state is one of mutual confidence, and far different from that of those who are dealing with each other at arm's length. This is especially the case on the part of the woman; and it is the duty of each to be frank and unreserved when about to enter into an ante-nuptial agreement." And the Courts go to the length of requiring strict proof of fairness when called upon to enforce an ante-nuptial agreement against the wife, and especially where it is apparent that the provision made for the wife is inequitable, unjust, and unreasonably disproportionate to the means of the husband. The foregoing rule is followed more or less closely by the courts of the other states, but it is not always easy for the wo- man to show that she was deceived or defrauded, and while the courts stand ready to right the wrongs of those who appeal to them, still they can only grant relief where there is evidence upon which to base it. Many years may elapse between the making of such a contract and the time for its enforcement ; the people who knew the details of the transaction and what repre- The Legal Rights of Women 43 sentations were made, may be dead or inacessible so that however great the wrong the evidence to establish it cannot be procured and the courts may therefore be unable to grant the relief sought. It follows, therefore, that the time to exercise caution is before executing the contract. Perhaps it may seem to be bringing mar- riage down to a bargain and sale basis, but such is not my inten- tion. There is no sight so beautiful as that of a loving, confiding woman relying implicitly and unquestioningly upon the honor, love and integrity of the man to whom she has given her heart and to whom she is about to commit her whole life, but if the question of property arises and the intended husband seeks to establish once for all the limit of the claim of the intended wife upon his property, then she needs to summon all her resources and endeavor to look at the transaction from a purely business point of view. Too many women under such circumstances place themselves wholly in the hands of their betrothed husband and blindly accept any provision he may make, only to discover after his death that the provision was wholly inadequate and that his heirs propose to hold her to the strict letter of the agreement. Before entering into an ante-nuptial agreement, a woman should give the matter the most careful consideration ; she should dis- cuss the matter with her parents, guardian and 'friends, or con- sult a lawyer or some good substantial man of affairs. She should realize that she is settling the whole future claim upon the property of her husband. No matter how much property he may accumulate, she cannot share in it after his death ; her labor, economy and care may assist in amassing a fortune, but she will not benefit thereby. The sum fixed or settled upon her by the agreement is all she can have. Is it sufficient to support her in comfort after her husband is gone ? Is the provision fair ? Has the intended husband made a full and fair disclosure of his property so that his intended wife may judge of the fairness of the proposed settlement? These are questions which should be carefully considered and determined by the woman who is 44 The Legal Bights of Women asked to sign an ante-nuptial agreement. Generally speaking it is better for the woman not to go into the marriage state bound hand and foot by an ante-nuptial agreement. There is something positively shocking in the very idea of a man asking the woman whom he is about to marry to relinquish her rights as a wife and widow in his property, and it is questionable whether a marriage entered into under such conditions can be happy; such a marriage will certainly lack that community of interests, that mutuality of endeavor which is deemed so essen- tial to the happy married state. If, however, the woman consents to execute an ante-nuptial agreement, she should see not only that it is fair and adequate, but also that it absolutely secures to her the provision that is sought to be made. She should not be satisfied with promises of things to be done in the future, but should see that the pro- vision is absolutely made. If a certain amount of money is to be paid to her or placed in the hands of trustees for her benefit, or if lands are to be conveyed to her, let it be done and done properly. Effects of an Ante-nuptial Agebement. This will de- pend largely, of course, upon the terms and conditions of the instrument itself. The prospective bride should remember that she may be called upon to surrender three important rights or interests, viz. : her dower right or other interest provided by law in lieu thereof which will accrue to her upon the death of her husband; the widow's right to a distributive share in the per- sonal estate of her husband and the widow's right to have an allowance out of the estate of her husband for a certain period or during the settlement of his estate. A woman may sign an ante-nuptial agreement believing that she is only barring her dower interest in the lands of her husband and discover when too late that she has signed off her distributive share of his per- sonal property and her widow's allowance as well. It is advis- able therefore, before executing such an instrument, to submit it to a lawyer of experience and ascertain from him what is the scope and meaning of the paper and what the legal effect will be. CHAPTER V. SEPARATE PROPERTY OF MARRIED WOMEN AND THEIR RIGHTS IN RELATION THERETO. Under the common law the personal property of a woman hecame absolutely vested in her husband at the time of the marriage and she had thereafter no further control of or rights therein. Her real estate while remaining her own was subject to the debts of her husband whether contracted before or sub- sequent to the marriage and it was not an uncommon occurrence for a married woman to find herself absolutely stripped of her entire property to meet the claims of her husband's creditors. She could not sell her real estate nor encumber it without the consent of her husband evidenced by his joining with her in the conveyance or mortgage. It was this state of affairs that led to the custom of marriage settlements whereby the separate property of a woman who con- templated marriage was settled upon her by placing the same in the hands of a Trustee for her use and benefit, and in order to make such a settlement valid it must have been consented to by the intended husband before the marriage. The common law of England is the basis of the law of this country and unless modified by statutory enactments, it is still in force here and until a comparatively recent period the prop- erty of a married woman was subject to the common law rules above referred to. Within a comparatively few years, however, the legislatures of the several states have to a greater or less extent modified the common law so that now in many of the states of the Union a married woman is not only the absolute owner of her separate property, both real and personal, but she also has the power to convey and mortgage the same without the consent of her husband. This latter provision, however, is not 45 46 The Legal Bights of Women universal, but in many of the states where the separate property of a married woman is now vested absolutely in her, she is not permitted to dispose of or encumber it without her husband joining with her in the deed. The laws now in force in the several states are in the main very liberal as regards the separate property of a married wo- man. Not only is such property no longer subject to the debts of the husband, but in many of the states provisions have been made which prohibit her from securing the debt of her husband even if she desires to do so, or from becoming security therefor, other than by a conveyance or mortgage. In many of the states a married woman cannot subject her own property to the pay- ment of her own debts unless it can be shown by the creditor that the debt was contracted with special reference to her sep- arate property or for the benefit or improvement thereof. The statutory provisions of the several states vary so ma- terially that it is impossible to lay down any general rule or statement of law which will give any adequate idea of the rights of a married woman as regards her own property in any given state. A brief synopsis, therefore, is here given of the laws of each state as they relate to the separate property of married women and their rights and obligations in relation thereto. Alabama. All of the property of a married woman whether acquired before or after marriage, is her separate property. Her earnings and any damages that she might recover for in- juries to her person or reputation are her own. Her property is not subject to the debts of her husband. She may sue in her own name for all injuries to her person or separate property. She cannot sell her real estate or any interest therein unless her husband join in the conveyance, except where her husband is insane or has abandoned her, or is a non-resident of the state or is imprisoned for a period longer than two years, in which case she may convey her separate property in the same manner The Legal Bights of Women 47 as a single woman. Husband and wife may contract with each other the same as with other persons. The wife cannot become surety or security for her husband. She may dispose of her separate property by will. She can not enter into a binding contract without the consent of her hus- band. She may with the written consent of her husband, filed in the office of the judge of probate, engage in business in the same manner as a single woman. She may dispose of her separ- ate property by will. A married woman becomes of age at eighteen years. Alaska. The separate property of a married woman, whether acquired before or after marriage, is her own and can not be made liable for the debts of her husband. She can not convey her real estate without her husband joins in the deed. She may make a list of her personal property and attach thereto an affidavit that the property is hers and that she did not re- ceive it from her husband and have the same recorded, thus establishing her own ownership therein. She may dispose of her real estate and personal property by will but cannot thereby deprive her husband of the use of her property for the term of his natural life, nor can he deprive her of her right of dower by his will. She may make contracts and enforce them, and they may be enforced against her in the same manner as if she were unmar- ried. Conveyances and contracts between husband ,ind wife are valid. A woman comes of age at twenty-one or when legally married. She may be legally married at the age of eighteen years. Arizona. A married woman of the age of eighteen years or upward, has the sole and exclusive control of her separate prop- erty. Her property is not liable for the debts of her husband. She may make contracts and sell, mortgage or convey her sep- 48 The Legal Bights of Women arate property in the same manner and with the same effect as if she were not married. She may make contracts for necessaries for herself .and chil- dren upon the credit of her husband and may be sued jointly with him therefor and her property will be liable. She may dispose of her separate property by will. Arkansas. A married woman may acquire and hold sep- arate property and carry on a separate business. She may sue and be sued in relation to her separate property and business the same as though she were unmarried. Her property is not liable for the debts of her husband though she may make it liable 'if she permits him to use it as his own and to contract debts upon the strength of such appar- ent ownership ; nor is her own property liable for her own debts unless they were contracted with special reference to its being so liable. A married woman may dispose of her separate property by will. The legal age of women is eighteen years. California. The separate property of a married woman is within her own absolute control. She may sell or mortgage the same without the consent of her husband. She may make con- tracts in relation thereto and dispose of it absolutely by will. A married woman 's separate property consists of that which she owned at the time of her marriage and that which she may acquire after marriage by gift, or by will or descent, (that is, by inheritance). All property acquired by either husband or wife after marriage, by purchase is community property. That is, the joint property of the husband and wife and not the separate property of either of them. Her separate property is not liable for the debts of her hus- band but is liable for her own debts whether contracted before or after marriage. The Legal Bights of Women 49 She may obtain the right to carry on business in her own name by making application to the Superior Court. The legal age of women is eighteen years. Colorado. A married woman is the sole owner of her sep- arate property and may mortgage or convey the same without her husband joining with her in the instrument. She may sue and be sued, may bargain and sell, and carry on a separate business in her own name in the same manner as though she were single. Her separate property is not liable for the debts of her husband. She may make a will but cannot bequeath away from her husband more than one-half of her property without his written consent. She may contract debts in her own name and may make promissory notesj bonds and other obligations, and enter into any contract the same as if she were single. She may dispose of her separate property by will. Females become of age at eighteen years. Connecticut. Under the law as now in force in this state, the separate property of a married woman remains absolutely her own. She may make contracts, convey either her real or personal property, and mortgage the same in the same manner as though unmarried, and her property may be taken for her debts, but it cannot be subjected to the payment of the debts of her husband. This law applies only to marriages which have taken place since April 20, 1877. A married woman may dispose of her property by will. The age of majority is twenty-one years. Delav^aee. The property of a married woman remains absolutely her own and she may perform all acts in relation thereto in the same manner as though she were unmarried. She may conduct business in her own name or by an agent and may sue and be sued, in her own name. Her property is not subject to the debts or control of her husband. 50 The Legal Bights of Women She cannot, however, convey her property without the con- sent of her husband evidenced by his joining in the deed or conveyance, except where a married woman has been aban- doned by her husband, she may upon showing that fact and applying to the Chancellor, Chief Justice, or Resident Judge of the county where she lives, be permitted to sell and convey her real estate without her husband joining in the deed. She may dispose of her property by will but cannot cut off her husband's rights therein. The legal age of women is twenty- one. DiSTEiCT OF CoLUMBLA.. The Separate property of a mar- ried woman remains her absolute property whether acquired before or subsequent to the marriage except such property as may come to her by gift or conveyance by her husband. Her property other than that acquired from her husband, cannot be subjected to his debts. She may make bargains in relation thereto, or sell and convey her property in the same manner as though she were unmarried. She may carry on any trade, business, occupation, or contract to perform any labor or ser- vice on her own separate account and her earnings therefrom are her own separate property and may be used and invested by her in her own name. She may sue and be sued in her own name for causes of action relating to her separate prop- erty in the same manner as though she were unmarried. She may dispose of her separate property by will. The legal age of women is eighteen years. Florida. All property whether real or personal, whether acquired before or after marriage, remains the separate prop- erty of the wife and cannot be subjected to the payment of the debts of her husband without her consent, evidenced by some instrument in writing executed in the same manner as is required for making conveyances by married women. She cannot sell or encumber her real estate unless her bus- The Legal Bights of Women 61 band join in the deed with her. She may do business in her own name, take charge of and control her own estate, make contracts in relation thereto and sue and be sued in the same manner as though she were unmarried, by making a petition for that purpose to the Circuit Court and obtaining the con- sent of the Judge thereto. She may dispose of her property by will. The age of majority is twenty-one years. Georgia. All property of the wife, whether acquired be- fore or subsequent to the marriage becomes her own separate property and cannot be made liable for the payment of any debt of her husband. She may enforce any contract made in reference to her own property and may make contracts in relation thereto in the same manner as though she were un- married. She cannot bind her separate estate by any contract of suretyship, nor by any assumption of the debts of her hus- band, and any conveyance of her separate property made to a creditor of her husband for the purpose of paying his debts is absolutely void. She cannot make a sale of her property to her husband or to her trustee, unless permitted to do so by an order of the Superior Court of the County where she resides. She cannot bind her separate property by becoming surety for any person. She may become a free trader, that is, she may carry on business in her own name, with her husband's con- sent by publishing a notice of the fact in a newspaper for one month. She may dispose of her separate property by will. "Women become of age at twenty-one years. Idaho. The separate property of a married woman is sub- ject to the control and management of her husband, and if he mismanage her estate she may apply to the Court and have a Trustee appointed to take charge of the same. Her separate estate is not subject to the debts of her husband but is liable for her own debts contracted before or after marriage. She 52 The Legal Bights of Women may, upon application to the District Court be authorized to carry on business in her own name, and, if she is conducting business in her own name she becomes thereby liable for the support of her minor children. She may dispose of her separ- ate property by will without the consent of her husband. Fe- males become of age at eighteen. Illinois. A married woman is the sole owner of her sep- arate property whether acquired before or after the marriage; she may sue and be sued, and make a wiU in the same man- ner as though she were unmarried. Her separate property is not liable for the debts of her husband, but it is liable for the expenses of the family and the education of the children. She is entitled to her own earnings and the income of her own property and she may manage, sell and convey her sep- arate property without the consent of her husband. She may carry on business in her own name and make contracts in rela- tion thereto the same as though she were unmarried, but she cannot enter into any partnership business without the con- sent of her husband unless he has deserted her or is idiotic or insane or confined in the penitentiary. She may dispose of her separate property by will. Females become of age at eighteen. Indiana. The separate property of a married woman re- mains absolutely her own and she may sell, convey and en- cumber the same in the same manner as though she were un- married. She may carry on any trade, business or occupation on her separate account and her earnings and profits there- from are her sole and separate property. She may enter into any contract in relation to her separate property, trade or business and in relation to the management and improvement of her real property in the same manner as though she were unmarried and her separate property will be liable therefor. She cannot, however, convey or mortgage her real estate without her husband's consent. The Legal Bights of Women 58 A married woman cannot enter into any contract of surety ship either as endorser, guarantor, or in any other manner and such contracts as to her are absolutely void. Her separate property is not liable for the debts of her husband. A married woman may dispose of her separate prop- erty by will. Females become of age for all legal purposes at the age of twenty-one years. Iowa. A married woman in this State, is the sole owner of her separate property and may manage and dispose of it without the consent of her husband. She may recover and re- tain her own earnings. She is liable jointly for the family expenses and for the education of the children. Her property is not liable for the debts of her husband. She may make contracts and incur liabilities in the same manner as though she were unmarried. She may dispose of her separate property by will. Females become of age at eighteen. Kansas. All property owned by a woman at the time of her marriage or acquired subsequent thereto becomes her sole and separate property and she may sell and dispose of the same, and may buy, sell and contract with respect to it in the same manner as though she were unmarried. She may sue and be sued, may carry on any trade or business and perform labor or services on her sole and separate account and her earnings and profits are her own separate property. Her separate prop- erty is not liable for the debts of her husband. She may dis- pose of her separate property by will. Females become of age at eighteen years. EIentuckt. In this State the wife owns and controls all of her real estate to her separate and exclusive use and free from the debts and liabilities or control of her husband. No part of her property is liable for the debts of her husband 54 The Legal Bights of Women unless she chooses to make it liable by voluntarily executing a conveyance or mortgage for that purpose. Her estate is liable for her own debts contracted before marriage and for such debts and obligatons as she may contract after marriage in relation to her own property. She may acquire and dis- pose of property, make contracts and sue and be sued the same as though she were not married, but she cannot sell her real estate unless her husband join in the deed, but she may dispose of her estate by will, provided she is of the age of twenty-one years or upwards. The legal age for women for all purposes is twenty-one years. Louisiana. In this State, a married woman of the age of twenty-one years or upwards may, with the consent of her husband and of the County Judge, borrow money and con- tract for her separate use and benefit and secure the same by mortgage upon her separate estate or otherwise, but she can- not do this without the consent of the Judge who is required to examine her apart from her husband in relation to the ob- ject for which the money is to be borrowed, and if it appears that it is for the purpose of paying her husband's debts or for the expense or benefit of the family or for the separate use of the husband, the judge is not empowered to give the au- thority. She may carry on business as a public merchant with- out her husband's consent and may make contracts in relation thereto. Her separate property remains her own and cannot be made liable for the debts of her husband except by her voluntary act, with the consent of the Judge. She may make a will and dispose of her property. The legal age is twenty- one years. The laws of this State as they relate to the property of married women and of her rights in relation thereto are ex- ceedingly complicated and a good lawyer should be consulted in all cases where the rights of the woman seem to be jeopard- ized. The Legal Bights of Women 55 Maine. The separate property of a married woman re- mains her own and is subject to her exclusive control. She may manage the same and sell or encumber it (except prop- erty conveyed to her by her husband) without her husband joining in the conveyance or mortgage. She cannot convey prop- erty conveyed to her by her husband without he join in the con- veyance. She may transact business, sue and be sued, the same as though she were unmarried. Her separate property is not liable for the debts of her husband. Her husband is not liable for her debts contracted before marriage, but her separate estate may be levied upon if necessary. She is also liable for any debts that she may con- tract in her own name after marriage. She may dispose of her separate property by will. Maeyland. In this State, the separate property of a mar- ried woman remains her own and subject to her exclusive con- trol. She may dispose of the same by deed or otherwise, in the same manner as though she were unmarried, except that if she be under eighteen years of age she cannot dispose of her prop- erty without her husband joining in the conveyance. Her separate property is not liable for the debts of her husband. She may engage in business in her own name and may sue and be sued upon contracts in relation thereto and in any matter pertaining to her separate property. She may, if eigh- teen years of age or upward dispose of her property by will. Massachusetts. The separate proporty of a married wo- man is not liable for the debts of her husband. She may hold, manage and dispose of her separate property in the same man- ner as though she were unmarried, excepting that the husband is entitled to a life estate in her real estate where there has been a child or children born alive, and to an estate for life in one-half her real estate where there has been no children born alive. She cannot therefore give a good title by her sep- 56 The Legal Bights of Women arate deed without her husband joining therein for the purpose of releasing his life interest, nor make a will which will deprive him of his life estate. She may conduct business on her separate account by filing in the Clerk's office of the city or town where she does such business a certificate setting forth her own and her husband's names, the nature of the business and the place, giving the street and number where it is done and the name under which she proposes to carry on the business. When the place or nature of the business is changed, a new certificate must be filed. Females are of legal age at twenty-one years. A married woman whose husband has absented himself from the State, abandoned or not sufficiently maintained her, or whose husband has been sentenced to confinement in the State Prison may upon her petition be authorized by the Supreme Judicial Court to sell her real and personal estate and any personal estate which she may have brought to her husband by reason of the marriage, and which remains in this State un- disposed of by him or to which he is entitled in her right and to use and dispose of such property or the proceeds thereof during the absence or imprisonment of her husband in the same manner as though she were unmarried. Michigan. The separate property of a married woman whether acquired before or after marriage remains her own absolutely. She may sell, convey and encumber the same and make contracts in relation thereto, and sue and be sued on such contracts in the same manner as though she were unmarried. Her separate property is not liable for her husband's debts nor for necessaries furnished for the support of the family without a special agreement upon her part to pay therefor. She cannot become liable as surety, guarantor or endorser either upon the promisory note of her husband or for a third person and she cannot be made liable for money borrowed upon The Legal Bights of Women 57 her own separate property unless it was for her own use in connection therewith. Her earnings belong to her and she is absolutely entitled to have, hold, use and enjoy any and all earnings acquired by her as the result of her personal efforts; and to sell, dispose of and make contracts in relation thereto to the same extent as though she were unmarried. She may also carry on business in her own name in which case he has no control over the business or the profits thereof ; but she cannot become a partner in business with her husband. She may make conveyances and mortgages of her separate property without the consent of her husband and without her husband joining in the deed. She may dispose of her separate property by will. The legal age in this state is twenty-one years, but she may bar her dower in his property when of the age of eighteen years, by joining in his conveyance thereof. Minnesota. In this State all property, both real and per- sonal, belonging to a woman at the time of her marriage con- tinues her separate property and she may use and enjoy the same in the same manner as though she were unmarried. Her separate property is not liable for the debts of her husband. She is bound by her own contracts and responsible for her wrong doing in the same manner as though unmarried, but she cannot convey or mortgage her property nor lease the same for a term exceeding three years, unless her husband joins in the instrument. She may contract with her husband in relation to her real and personal property in the same manner as though unmar- ried and she is jointly liable with her husband for any neces- saries furnished to and used by the family. She may dispose of her property by will. "Women become of age at eighteen years. 58 The Legal Bights of Women Mississippi. The property of a married woman whether acquired before or after marriage, remains her own separate property, and she may convey or mortgage the same without her husband's consent except that neither the husband or wife can convey the homestead without the consent of the other. She may sue and be sued, make contracts, carry on business on her own account and in her own name, in the same manner as though she were unmarried. The wife is entitled to her own earnings and the profits of business carried on by her. She may make a will after reach- ing the age of twenty-one years, which is the legal age. MissouEi. The property of a married woman, whether ac- quired before or after marriage is regarded as her own sep- arate property and it is not subject to her husband's debts nor can it be conveyed by the husband without her consent. Her separate estate is, however, liable for debts created by the husband for necessaries for the wife and for the family. She may sue and be sued in her own name with or without her husband, and may carry on business in her own name in the same manner as though she were unmarried. She may dispose of her separate property by will. "Women become of age at eighteen years. Montana. The property of a married woman, whether ac- quired before or after marriage, remains her separate prop- erty and is exempt from the debts of her husband except for necessaries for the benefit of herself and children under eigh- teen years of age. She may file in the office of the Clerk or Recorder of the county in which she resides, an Inventory of her property, duly acknowledged and this will constitute evidence of her title. She may upon application to the Court, procure an order permitting her to carry on business in her own name, and the property which she may use and acquire in relation thereto will The Legal Bights of Women 69 not be liable for her husband's debts. Sbe may sue and be sued without joining her husband. He, her husband, will not be liable for any debts contracted by her in the course of her business conducted in her own name, but he must not manage or superintend the business. She may make contracts, and may dispose of her separate property and convey her real estate in the same manner as though she were unmarried. She may, after reaching the age of eighteen years dispose of her separate property by will but cannot deprive her husband of more than two-thirds of her estate without his written consent. Nebraska. A married woman retains her real and per- sonal estate as her separate property and the same is not liable for her husband's debts nor subject to his control or disposal. She may sell and convey her separate property in the same manner as though she were unmarried. She may sue and be sued, carry on business in her own name, and perform any labor or service on her sole separate account and may use and invest the proceeds thereof in her own name and for her sole benefit. She may dispose of her separate property by will. She may manage and control her separate property in the same manner as though she were unmarried. She cannot be made liable as an endorser or surety, unless she does so with refer- ence to her own separate property. Women become of age at eighteen years or sooner upon marriage. Nevada. The property of a married woman whether ac- quired before or after marriage remains her separate property and she may convey or encumber the same without the con- sent of her husband. She may upon application to the District Court of the county in which she resides, obtain an order permitting her to carry on business in her own name. She may sue and be sued in relation to her own separate property and contracts, and may 60 The Legal Bighti of Women manage and control her own property in the same manner as though she were unmarried. She may dispose of her separate property by will. Females become of age at eighteen years. New Hampshire. The property of a married woman, whether acquired before or after marriage remains her own separate property and she may hold and dispose of her real and personal estate in the same manner as if she were unmar- ried, except that she cannot convey or mortgage her separate real estate without her husband joining in the conveyance or mortgage. She is entitled to her own earnings and neither she or her separate property is liable for her husband's debts. She may transact any business whatever in her own name and bind her own separate estate for debts contracted in relation thereto for carrying on the business without the assistance of her husband for her own benefit. She may make contracts with her hus- band and enforce the same if necessary, by suit. She cannot be made responsible for her husband as surety or endorser. The husband is not liable for the debts of his wife contracted prior to the marriage. She may dispose of her separate prop- erty by will. The legal age of women is twenty-one. New Jersey. A married woman retains her own separate property owned by her at the time of marriage or acquired by her during the marriage and the sanle cannot be made liable for the debts of her husband. She may carry on business in her own name and is entitled to her own earnings and the profits of her separate business. She cannot become an endorser, mort- gagor, or surety, nor be made liable for any debt of her husband or any other person. She may sue separately in her own name upon any cause of action relating to her separate property. She cannot convey her separate property without her husband joining in the deed, unless they are living in a state of separation or her husband The Legal Bights of Women 61 is a lunatic or refuses to support her, in whicli case she may apply to the Court in Chancery for permission to lease, mort- gage, or convey her real estate as though she were unmarried. She may dispose of her separate property by will. The legal age in this state is twenty-one years. New Mexico. The property of a married woman whether acquired before or after marriage is her sole separate prop- erty and the same is not liable for the debts of her husband. She is personally bound by her contracts and her separate Ijroperty is liable therefor in the same manner as though she were unmarried. She cannot convey her separate real estate unless her hus- band join in the conveyance with her. Neither husband or wife is liable for the debts or contracts of the other entered into either before or after marriage, except for necessaries fur- nished after marriage to either husband or wife or to the family. The husband has the right to control and manage the com- munity property, and the proceeds thereof if sold becomes their joint property. The legal age in this state is eighteen years for females, and twenty-one for males. A married woman may dispose of her separate property by will. New York. The property of a married woman whether acquired before or after marriage is her own separate prop- erty and she may sell and convey or mortgage the same with- out the consent of her husband. She is liable upon her own contracts in the same manner as though she were unmarried, and may sue and be sued, carry on business in her own name, is entitled to her own earnings, may make contra "ts with her husband or otherwise, in the same manner as though she were unmarried. She is not liable for the debts of hei husband. She may dispose of her separate property by will. The legal age for women is twenty-one years. 62 The Legal Rights of Women North Carolina. The property of a married woman, whether acquired before or after marriage is her sole separate property and cannot be made liable for the debts of her hus- band. She can make no contracts in relation thereto except for necessary personal expenses for the support of the family, or to pay her debts contracted before marriage, without the written consent of her husband. She may, however, dispose of her personal property without his consent. She cannot con- vey her real estate without the written consent of her husband. The husband wiU not be liable for the debts of his wife contracted before marriage. The legal age in this state for both sexes is twenty-one years. A married woman may dispose of her property by will. North Dakota. A married woman is entitled to hold as her separate property all real or personal estate owned by her at the time of her marriage and all that she may acquire there- afterwards, and the same cannot be made liable for the debts of her husband. She is entitled to her own earnings and to the earnings of her minor children living with her or in her custody while she is living separate from her husband. Her separate property is liable for her own debts whether contracted before or after the marriage. She may dispose of her separate property by will. She may buy and sell goods, carry on business in her own name, give notes or other obligations, and sue and be sued in her own name the same as though she were unmarried. The legal age for females in this State is eighteen years. Ohio. A married woman is entitled to hold as her separate property all estate, whether real or personal, owned by her at the time of her marriage or subsequent thereto, and the same cannot be made liable for the debts of her husband. The Legal Bights of Women 63 She cannot, however, convey her separate estate unless her husband join in the deed with her. She may sue and be sued in the same manner as though she were unmarried. She may make contracts either with her husband or an- other person, in the same manner as though she were xmmarried. She may dispose of her separate property by will. The legal age for females in this State is eighteen years. Oklahoma. The property of a married woman whether acquired before or after marriage is her own separate prop- erty and is not liable for the debts of her husband. She may convey or mortgage her separate property without the consent of her husband, unless it be the homestead, which cannot be disposed of by either husband or wife without the consent of the other. She may sue and be sued, make contracts and carry on busi- ness in the same manner as an unmarried woman and is en- titled to her own earnings. She may dispose of her property by will. The legal age for females in this State is eighteen years. Oregon. A married woman may hold as her separate prop- erty all estate, both real and personal, owned by her at the time of her marriage or acquired by her subsequent thereto, and the same cannot be made liable for the debts or contracts of her husband. She may convey or mortgage her real estate without the consent of her husband. She may dispose of her separate property by will, subject to her husband^s life interest therein. She may carry on business in her own name, may sue and be sued, make contracts and incur liabilities in the same man- ner as though she were unmarried. She is entitled to the fruits of her own labor. Her separate property may be made liable for the support of the family and the maintenance and educa- tion of the children. 64 The Legal Bights of Women Females become of age at eighteen years, or sooner if law- fully married. Pennsylvania. The property of a married woman, both real and personal, whether acquired before or after marriage, constitutes her separate property but she cannot mortgage or convey her real estate unless her husband joins in the mortgage or conveyance. Her separate property cannot be made liable for the debts of her husband. She may make contracts in the same manner as though she were unmarried except that she cannot become an accommodation endorser, maker of a note, guarantor or surety, for another. She may convey or mortgage her real estate without the consent of her husband where they are living separate and apart under articles of separation under which the husband has released all interest in her real estate. She may sue and be sued in the same manner as though she were unmarried, but she cannot sue her husband except for a divorce or in pro- tecting her separate property, whenever he may have deserted or separated himself from her without sufficient cause, or has neglected or refused to support her. She may dispose of her separate property by will. The legal age in this State is twenty-one years. Rhode Island. The property of a married woman whether acquired before or after marriage remains her separate prop- erty and she may sell and dispose of it in the same manner as though she were unmarried, except that it is necessary for her husband to join in the deed of her separate real estate where the purchaser desires to obtain a release of the husband's estate by the courtesy. She may make contracts in relation thereto and as to all other matters of business in the same manner as though she were unmarried. She may carry on business in her own name. Her separate property is liable for her own debts but not for The Legal Bights of Women 65 the debts of her husband. She may dispose of her separate property by will. The legal age in this State is twenty-one years. South Carolina. In this State a married woman holds property acquired before marriage and all acquired subsequent thereto as her separate property and the same is not liable for the debts of her husband. She has the same rights incident to her separate property as though she were unmarried and may convey or mortgage the same without the consent of her hus- band. She may dispose of her separate property by will. She has power to make contracts, sue and be sued and do all other acts and things in relation to her separate property that an unmarried woman may do. The legal age in this State is twenty-one years. South Dakota. The property of a married woman whether acquired before or after marriage is her own separate property and cannot be made liable for the debts of her husband. She may manage, sell, and convey the same and enter into con- tracts in relation to her separate property in the same manner as though she were unmarried. She is entitled to her own earnings and they cannot be made liable for the debts of her husband. Her earnings and the accumulations thereof and the earnings of her minor children while she is living apart from her husband are also her separate property. She may sue and be sued in the same manner as though she were unmarried. She may dispose of her separate property by will. The legal age of females in this State is eighteen years. Tennessee. The property of a married woman whether ac- quired before or after marriage is her separate property and cannot be made liable for the debts of her husband. She may make contracts in relation to her separate property, but her general contracts are void without the consent of her husband. She cannot convey her property without her husband joining 66 The Legal Bights of Women in the deed. Her husband is not liable for her debts contracted before marriage but her separate property may be reached to enforce payment of such debts. The rents and profits of her separate property cannot be reached by her husband's cred- itors during her life time without her consent. If her husband obtains legal possession of her personal property it becomes his. She may engage in mercantile or manufacturing business in her own name or by an agent or as a partner and her sep- arate property will be liable for her debts contracted in the course of such business. The legal age in this State is twenty- one years. A married woman of any age may dispose of her separate property by will. Texas. The property of a married woman acquired before marriage becomes her separate property but she cannot sell, dispose or encumber the same without her husband's consent except for necessaries for the support of her family or for the care, preservation or improvement of her separate property. She cannot do business in her own name so as to bind her separate property for the debts of the business without the con- sent of her husband or embark in business as a partner. All property acquired by her after the marriage except such as may be acquired by gift, devise, or descent becomes common property of the husband and wife and during the marriage can only be disposed of by the husband. She may dispose of her separate property by will at the age of twenty-one years or when legally married, at an earlier age. A woman who marries under twenty-one years of age be- comes of legal age by virtue of the marriage. Utah. All property owned by a woman before her marriage and all that she may lawfully acquire thereafterwards together with the profits thereof, is her separate property and she may manage, sell, or dispose of the same in the same manner as though she were unmarried. The Legal Rights of Women 67 She may sue and be sued in her own name without joining her husband where the action concerns her separate property, or is in relation to her claim to the homestead in an action be- tween herself and her, husband, or where she is living apart from her husband either because of his desertion or, by virtue of an agreement between them. She may make contracts with reference to her separate prioperty and convey or encumber the same, but she cannot do so without her husband joining in the deed. Her separate property cannot be made liable for the debts of her husband. She may dispose of her separate property by will in the same manner as though she were single. "Women become of age at twenty-one years. Vermont. The property of a married woman, whether ac- quired before or after the marriage constitutes her separate property and cannot be made liable for the debts of husband. She cannot convey or encumber the same without her husband joining with her in the deed unless authorized to do so by the Court of Chancery. The rents and profits of her separate prop- erty may be subjected to the payment of debts contracted for necessaries for the family or for labor or materials furnished upon or for the cultivation or improvement of her separate property. She may make contracts with any person other than her husband and bind herself and her separate property in the same manner as though she were unmarried, and she may sue and be sued upon all such contracts made by her whether made before or after marriage, and her husband need not be joined with her as a party to any such suit. She cannot become surety for her husband's debts except by way of mortgage upon her separate property. She is en- titled to her own earnings and they cannot be subjected to the payment of her husband's debts. She may dispose of her prop- erty by will in the same manner as though she were unmarried. The legal age for females is eighteen years. 68 The Legal Bights of Women Virginia. A married woman in this State is the sole owner cf her separate property whether acquired before or after her marriage, and the same cannot be miade liable for the debts of her husband. She may make contracts in relation to the same and sue and be sued in the same manner as though she were unmarried. She may engage in trade in her own name and for her own use. She is entitled to her own earnings. Mar- ried women may dispose of their separate property by will if eighteen years of age. "Washington. The property of a married woman acquired before marriage and all property acquired by her after the jnarriage either by gift, bequest, devise or descent, is her sep- arate property. All property acquired by her after marriage by purchase or in any other manner than by gift, bequest, de- vise or descent, becomes common property and is held by her- self and husband jointly. Her separate property is not liable for the debts of her husband. She is entitled to her own earnings and also to those of her minor children living with her or in her custody while she is living separate from her husband. She may make contracts and sue and be sued in relation to her own separate property in the same manner as though she were unmarried. Property acquired by the husband subsequent to the mar- riage except by gift, bequest, devise or descent, is also com- munity property and he cannot sell, dispose of or encumber the same unless his wife joins with him in the instrument of conveyance or encumbrance. Married women may dispose of their separate property by will. The legal age for females is eighteen years. "West "Virginia. All property acquired by a married woman whether before or after marriage remains her sole and separate property and she may use, convey and encumber the same, but she cannot convey her separate property unless her husband The Legal Bights of Women 69 joins vnth her in the deed, unless she be living separate and apart from her husband at the time of the making of the con- veyance. Her separate property is not liable for her husband's debts. If living separate from her husband she may carry on business in her own name and her earnings and profits cannot be made liable for her husband's debts. She may be sued upon her own contracts and her property may be made liable for the payment of her personal debts. The legal age is twenty- one years. A married woman may dispose of her separate prop- erty by will. "Wisconsin. AU real estate belonging to a married woman whether acquired before or after marriage is her sole and sep- arate estate and is not subject to the debts of her husband nor can it be disposed of by him. She may convey and encumber her separate property in the same manner as though she were unmarried. She is entitled to her own earnings. She may engage in business and may receive and retain the profits thereof. She may sue and be sued in her own name. She may deal with her husband in the same manner as though ?he were unmarried, may loan money to and buy of him in good faith, but she cannot become a business partner with him. She cannot be made liable by her endorsement of his note or become liable as his surety unless it is stated explicitly in the instru- ment that it is for the benefit of and binds her separate estate. A married woman over eighteen years of age may dispose of her separate property by will. The legal age is twenty-one years. Wyoming. A married woman may hold aU property owned by her at the time of her marriage or acquired subsequent there- to as her sole separate property and she has full power to convey, transfer, or encumber the same in the same manner as though she were unmarried. She may make contracts and 70 The Legal Bights of Women incur obligations and liabilities which may be enforced against her separate property. Her separate property cannot be made liable for the debts of her husband. She may sue and be sued, carry on business in her own name, and receive the profits thereof and has in all respects the same rights as regards her property and earnings as though she were unmarried. The legal age in this State is twenty-one years. A married woman may dispose of her property by will. While the law seeks to protect the property of the married woman against the demands of her husband's creditors as well as against his importunate demands upon her, stiU the law is aot always able to protect her against her own foolish or ill advised acts. If she lacks strength of mind sufficient to enable her to withstand the appeals which may be made to deprive her of her property, or if she is so ignorant of her rights as to easily become a victim of such efforts, the law may not be able to save her when she is finally driven to seek its protection or goes to the courts to have redress for her wrongs. It is very important therefore, that every woman who owns property in her own right, should carefully study the laws of the state in which she lives or in which she owns property in order that she may know exactly what her rights are and the extracts of the various state laws as given in this book will give her sufficient information for all ordinary purposes. In this connection it should be remembered, that personal property and her rights in relation thereto are controlled by the laws of the state in which she has her legal residence. Real es- tate and her rights in relation thereto are governed by the laws of the state in which it is situated. Things which she might be able to do in one state, she may not be able to do in another. Therefore she should become familiar with the laws pertaining to her property rights in all of the states in which she may have property. Creditors will sometimes resort to very questionable meth- ods to secure payment of their demands and they will have no The Legal Rights of Women 71 difSculty in securing the assistance of a certain class of lawyers to assist them. Threats of dire proceedings against the husband may be made, or the wife may be assured that her own property can be reached and subjected to the payment of the debt; or her sympathy or her fears may be so worked upon as to make her believe that any sacrifice is preferable to the state of uncertainty in which she finds herself. But if she knows her rights she will be fortified against such attacks and able to judge more clearly as to the extent to which the creditor can go; and if she has the courage to insist upon her rights the creditor will soon see that she can not be imposed upon. On the other hand if she is ignorant of her rights or too weak to insist upon them she may fall an easy victim of the importunate creditor. When called upon to meet such a situation she should not allow herself to be stripped of her property by the threats of an unscrupulous creditor or the pleadings of a weak or incom- petent husband. If she believes her husband has placed himself m a position of actual danger and is tempted to rescue him, she should first consult a good lawyer of experience to ascertain whether her fears are well founded and as to the best way of assisting him. If the husband is deficient of business capacity, or is inclined to extravagant habits or to contracting debts which he cannot pay, or to speculate or to any other habit or practice which will cend to fritter away his property, there is still greater reason why the wife should most jealously preserve her own property and keep it beyond his control. This may seem to be a hard- ship, but the course recommended may save the wife and chil- dren from eventual poverty. This is the protection which the law seeks to afford the wife and the provisions of the law will be enforced for her benefit whenever necessary if she seeks for this protection before it is too late. CHAPTER VI. RIGHTS OF THE WIFE UPON THE DEATH OF HER HUSBAND. The death of the husband imposes on the wife certain im- portant duties and invests her with certain rights, and however distasteful may be the duty of undertaking the settlement of his affairs, still it is a duty that must be promptly attended to by someone and in case the husband dies intestate, that is to say without leaving a will, the laws of most of the states provide that the widow shall, if she is a suitable person, be appointed administratrix of the estate, or if she does not wish to act in that capacity, that she may nominate some suitable person to act. The wishes of the widow will usually prevail over those of the family or next kin of the husband, but if the widow does not know what her rights are and insist upon having them, she will probably see the management of the estate pass into the hands of those whose interests are diametrically opposed to hers. Especially is this likely to be the case where there are no children, or where there are children of the husband by a former marriage. The wisest course is for the widow to retain the administra- tion of the estate in her own hands, as she will thus be enabled to know at all times the exact condition of the affairs of the es- tate and to draw her allowances promptly. Then, too, there is always an administrator's fee, depending in amount upon the size of the estate, and there is no reason why the widow should not have this fee rather than to have it go to a stranger. There is also an advantage in being able to nominate the men who in- ventory and appraise the estate, because hostile appraisers have 72 The Legal Eights of Women 73 the power to cause the widow trouble and annoyance in many ways. Then, too, a hostile administrator may annoy the widow by holding back her allowance ; by unnecessarily delaying the settle- ment of the estate and thus keeping the widow needlessly wait- ing for a division of the property. When the husband dies without leaving a will, the widow's share of the estate is fixed by law and cannot be changed. Her right to participate in the estate is always subject to the pay- jnent of the husband's debts except in cases where the estate is so small that it is only sufficient for the payment of the widow's allowance and in that case the creditors get nothing. The widow is entitled to dower in the real estate and to her distributive share of the personal estate of the husband, the proportion varying somewhat in the various states. This sub- ject is fully discussed in the chapter on dower. The Widow's Election. Where the husband leaves a will, the widow is bound within a certain period, usually one year, but in some states within six months, to elect, that is to choose, whether she will take the provision made for her by the will, or whether she will take the share of the estate given her by law. The husband will not be permitted to deprive the wife of her share of his estate, or to diminish it- below the amount or pro- portion fixed by law, without her consent and when he attempts to do so, the widow may frustrate the attempt by refusing to accept the provision made for her by the will. She must signify her intention to repudiate the provision made by the will, by filing a notice of her election to take her share as fixed by law, with the Probate Court in which the will was proved within the time fixed by law. The widow should make a careful investigation before deciding which to accept and not make her election until fully satisfied as to which will be best for her. Above all things, she should not allow herself to accept an inadequate and unjust provision made by will, out df respect for the wishes of her departed husband. 74 The Legal Bights of Women Wheee The Estate Must Be Settled. The estate must be settled by the Probate Court at the place where the husband had his residence — ^his home, at the time of his decease. Not at the place where he may have been temporarily sojourning, but at the place of his domicile. It may be stated to be a general rule that no other court has jurisdiction, and also, that the widow's rights are determined by the law of the domicile of the husband — ^that is, of the state where he had his home at the time of his death. A man who has acquired a legal residence in one place is presumed to retain that as his legal residence until he re- moves to another place with the intention of renouncing his former residence. If the intention to abandon the former residence and to ac- quire a new residence at the place of his death is absent, then no matter where he may die, his estate must be settled at the place of his legal residence and the widow's rights will be gov- erned by the law of that place. "What Steps Must be Taken First. Upon the death of the husband, diligent search and inquiry should be made to deter- mine whether he left a will. If a will is found it should be pre- sented to the Probate Court with a petition that it be proved and allowed ; and if no will is found, a petition for the appoint- ment of an administrator should be filed. It usually takes from two to four weeks to appoint an administrator or prove a will, and if the husband was in business alone, or if his afEairs are in such shape as to require immediate attention in order to pre- serve or to protect the property, the Probate Court will, upon a proper application, appoint a custodian or special administra- tor who will act until the will is proved and an executor ap- pointed, or until an administrator is appointed and duly quali- fied. It should be borne in mind that no one, not even the widow, has the right to dispose of the effects of the deceased person or collect debts due him until authorized by the Probate Court, but the widow may retain the custody of the personal property until the appointment of some person who has the The Legal Bights of Women 75 legal right to the possession thereof. The widow is not bound to pay the debts of her husband. Creditors must wait until after the appointment of an executor or administrator, when their claims may be presented and proved according to law. The same rule applies to the payment of funeral expenses. After the appointment of the executor or administrator the next step is the appointment of appraisers. An accurate in- ventory should be made of all the personal property of the de- ceased and each item appraised at its fair value. Widow's allowance. It is at this stage of the proceedings that the widow should take steps to secure an allowance out of the estate of her husband, for her support during the time the estate is in progress of settlement. This allowance is made by the Probate Judge and the amount is based upon the value of the estate and the condition or station in life of the widow. This allowance is entirely outside and independent of the share of the estate to which the widow is entitled by law. The widow cannot obtain possession of her share of the estate until the estate is settled, therefore an allowance is made for her sup- port until the estate is settled and her share of the property is available. The court will usually make an additional allowance for the support of minor children. CHAPTER VII. THE INTEREST OF THE WIDOW IN THE ESTATE OP HER HUSBAND. The laws of the several states contain provisions whereby a certain interest in the lands of the deceased husband and a certain part of his personal property is set apart for the benefit of his widow. The interest in lands is called dower and usually consists of a life estate in one-third of the lands of which the husband was the owner in fee simple (that is, the absolute owner), during the marriage, unless the wife has relinquished her right thereto by a good and sufficient release. The interest in the personal estate is commonly called her distributive share, because it is set off to her upon the final distribution of the estate. This does not as a rule include the provision fixed by law for the support of the widow during the settlement of the estate. The wife cannot be deprived of the benefit of these pro- visions except by her own act. She may voluntarily release her dower by joining with her husband in a conveyance or she may bar her dower by an ante-nuptial agreement, but without her voluntary act or release she cannot be deprived of it. It cannot be reached by creditors of her husband ; the husband cannot de- prive her of it by the provisions in his will in lieu of dower, unless she elects to accept such provisions and relinquishes her dower. The distributive share of the personal estate is a certain proportion of the estate remaining after the payment of debts, but whether great or small the widow cannot be deprived of it without her consent. Community Property. In some of the states the common law right of dower has been abolished, but invariably, where this is the case, some provision in lieu thereof has been made; 7« The Legal Bights of Women 77 and this is sometimes more liberal tllan the common law dower. Under the system prevailing in these states, the propei-ty of the husband and wife is divided into two classes, separate property and community property, (although separate property is recognized in all the states). Separate property consists of the property owned by either husband or wife, prior to or at the time of the marriage and of such property as either may there- after acquire by gift, descent or device, (that is, by inheritance as an heir at law or as a beneficiary under a will) . Community property consists of property acquired by either husband or wife after marriage in some way other than shown ab(fVe, as for example, by purchase. The disposition of these two classes of property is usually governed by different rules, the interest of the surviving hus- band or wife being greater in community than in separate prop- erty and the power of disposing of community property by will being more circumscribed. The interest of the surviving hus- band or wife in community property is usually the same and the power of disposal thereof is governed by the same rules. The widow should at the proper time institute the necessary proceedings to have her dower set off to her. This proceeding is governed by statute, and is somewhat technical and for this reason a reliable attorney should be employed to see that her rights are fully protected. "Widows are sometimes deprived of valuable rights through their failure to take necessary steps or to do certain things at certain specified times. In small places the Probate Judge will sometimes advise and direct, but as a rule it will be found more satisfactory to employ a com- petent and reliable lawyer. It is impossible to lay down general rules in relation to the subject discussed in this Chapter, for the reason that the law makers of the several states have so far modified the common law rules that there is hardly two states having exactly the same provisions upon important subjects. We shall therefore give a brief synopsis of the laws of all the states in relation thereto. 78 The Legal Bights of Women Alabama. Doweb. The widow takes a life estate in one- third of all the lands of which her husband was the owner in fee simple during their marriage if she has not released her rights thereto. If the husband leaves no lineal descendants and the es- tate is solvent the widow is entitled to one-half of his lands for her life; but if the estate is insolvent she is entitled to bu^ one-third of the lands for her life, even though there be no lineal descendants. The Statute also provides that if the widow has a separate estate of her own and such separate estate exclusive of the rents, income, and profits is equal to or greater in value than her dower interest and distributive share of her husband's estate, estimating her dower interest in her lands at seven years' rent for her dower interest, she shall not be entitled to dower in or to any distributive share of her husband's estates. But if her separate estate be less in value than her dower as ascer- tained by this rule, she will be entitled to receive such amount as, added to her separate estate, would be equal to her dower and distributive share in her husband's estate if she had no separate estate of her own. Distributive Share. The widow of an intestate if there are no children is entitled to all of the personal estate, the term personal estate embracing all kinds of property and effects other than real estate; if there is but one child the widow is en- titled to one-half of the personal estate; if more than one and not to exceed four, the widow is entitled to a child's share, which means that the personal property will be divided between the widow and children, share and share alike ; and if there are more than four children the widow is entitled to one-fifth of the per- sonal estate. Alaska. Dower. In Alaska a widow is entitled to the use for her life, of one-third part in value of all the real estate owned by her husband at the time of his death, unless she has relin- quished her right of dower by a valid agreement entered into with him before marriage. The Legal Bights of Women 79 Distributive Share. The widow is entitled to all her cloth- ing and ornaments and to a suitable allowance for the support of herself and children for one year. After the debts of the estate are paid, the remainder of the personal property is dis- tributed as follows: if the husband left no children, the widow takes all; if he left children she will take half of the personal estate. Arizona. Dower. In Arizona Dower, by that name is unknown, but the statute provides that the surviving husband or wife shall be entitled to a life estate in one-third of all the lands owned by the other at the time of his or her decease. If the deceased leaves no child or children, or their descendants, then the surviving husband or wife is entitled to one-half of the land left by the deceased husband or wife absolutely. But if the deceased husband or wife leaves no child or children, nor their descendants, nor father or mother, the surviving husband or wife is entitled to the whole of the estate. Distributive Share. The personal estate is divided as fol- lows: if the deceased husband or wife leave a child or children or their descendants the surviving husband or wife is entitled to one-third of the personal estate of the deceased husband or wife; if there be no child or children, or their descendants, the surviving husband or wife is entitled to all of the personal estate. Arkansas. Dower. The widow is entitled to a life estate in one-third of all the lands of which her husband was the owner in fee simple at any time during the marriage, unless she has re- leased it in legal form. If there be no child or children one-half of the lands go to the widow absolutely unless the lands were inherited from an ancestor, in which event she is entitled to one-half of such lands for her life only. If the husband leaves no kindred capable of inheriting, the widow will take the whole estate absolutely. 80 The Legal Bights of Women DiSTEiBUTivB Shake. The widow is entitled to one-third of the personal estate owned by her husband at the time of his death absolutely; if there be no child or children, the widow is entitled to one-half of the personal estate absolutely ; if the per- sonal estate is less than Three Hundred Dollars the widow is entitled to it all; if the husband leaves no kindred capable of inheriting the whole of the personal estate goes to the widow, subject however to the debts of the estate. California. In this state there are certain statutory pro- visions which are in lieu of dower. These provisions apply equally to the surviving husband or wife. The community prop- erty, that is, all property acquired by either husband or wife during the marriage, not including property acquired by gift, bequest, devise or descent is divided as follows: Upon the death of the husband, one-half goes to the wife. The separate property of the deceased is distributed as follows : If there be no child or children or only one child or the lawful issue of such child, one-half of the estate goes to the surviving husband or wife ; if there be more than one child, or one or more children, and lawful issue of one or more deceased children, one-third of the estate goes to the surviving husband or wife and the re- mainder in equal shares to the children and to the lawful issue of any deceased child by right of representation, which means that the share of the deceased child shall be divided equally among the children of such deceased child; if the decedent leaves a surviving husband or wife and neither issue, or father, mother, brother, or sister, the whole estate goes to the surviving husband or wife. Colorado. In this state dower is unknown, but there are statutory provisions which prescribe the manner in which the estate of an intestate shall descend or be distributed which so far as they relate to husband and wife are as follows: The es- tate of a person who dies without leaving a will descends to the The Legal Rights of Women 81 surviving husband or wife if there are no children or their descendants, but if there be a surviving child or children or the descendants of a deceased child then one-half of the estate de- scends to the surviving husband or wife, these provisions are subject to the debts of the estate. Husband and wife are placed upon the sanae footing as regards the property of the other. A husband or wife cannot will away from the other more than one-half of his or her property without the written consent of the other. Connecticut. The law in this state was radically changed by an act which went into effect on April 20th, 1877. Every wo- man who was married prior to that date and who was living with her husband at the time of his death, or who was absent by his consent or through his default or by accident, or who has been divorced without alimony where she is the innocent party, is entitled to dower during her life in one-third part of the real estate of which her husband was owner at the time of his death, unless suitable provision has been made for her support by the will of her husband or by jointure or settlement. The widow must elect within two months after the time limited for filing claims against the estate whether she will take her dower right or accept the provision made for her by her husband's will. Under the provisions of the law of April 20th, 1877, persons who have married since that date do not acquire any interest in the property of the other except the survivor's share. The surviving husband or wife is entitled to the use for life of one- third in value of all the property owned by the other at the time of his or her death after the payment of all the debts of the estate. This right cannot be defeated by will. If, however, there be no will, the survivor takes such third absolutely and if there are no children the survivor takes one-half of all the property absolutely. If there be a provision in the will of the deceased husband or wife for the benefit of the survivor, such provision will be deemed to be in lieu of the statutory provision 82 The Legal Bights of Women above mentioned, but the survivor has the right to elect whether to take the statutory share or the provision made by the will. Delaware. Dower. If there be no child or children or the descendants of any diseased child or children, the widow is entitled to the use during her life of one-half of the real estate left by her deceased husband. If there be a child or children or the descendants of a deceased child or children the widow is entitled to one-third of the real estate during her life. The widow may have her portion of the lands set off to her or she may elect to take her proportionate part of the income of the real estate. Distributive Share. If there be no child or children or their descendants the widow is entitled to one-half of the per- sonal estate remaining after the payment of the debts. If there be a child or children or their descendants the widow is entitled to one-third of the personal estate remaining after the payment of the debts. If the husband leave no kin, the widow takes the entire personal estate after payment of debts. These propor- tions of the personal estate go to the widow absolutely. District op Columbia.. Dower. The widow is entitled to dower of one-third of the rents and profits of all the real estate of which the husband was possessed during the marriage and she is entitled to dower in the equitable as well as the legal es- tates of her husband. If however there be no kindred of the husband capable of inheriting the whole of the real estate will go to the widow. Distributive Share. If the husband dies intestate, that is without leaving a will, and leaves no child, grand-child, parent, brother, or sister, the widow will be entitled to all of the per- sonal estate remaining after the payment of the debts. If there be no child or children or their descendants the widow is en- titled to one-half of the personal estate. If there be a child or children or the descendant of a child the widow will be en- The Legal Bights of Women 83 titled to one-third of all the personal estate remaining after payment of the debts. Florida. The widow is entitled as dower to a life estate of one-third part in value of all the real estate owned by her husband at the time of his decease, and also in all the real estate owned by him during the marriage in which she has not relinquished her dower. If the husband leaves no children the widow inherits all the estate. The widow is also entitled to one-third of all the pergonal property absolutely. This dower right is a preferred claim and superior to the rights of creditors. The widow may elect to waive her dower and take a child's part of the estate, but she must make her election within twelve months after the appointment of an administrator or the probate of the will. A child's part means the proportionate part of the estate to which each is entitled. For example if there is one child and the widow elects to take a child's part, she would re- ceive one-half ; if there were two children and she elected to take a child's part, she would receive one-third of the estate and so on. If the widow elects to take a child's part instead of dower she takes a free simple estate in the lands and an absolute title to her share of the personal property. Georgia. Dower. The widow is entitled to an estate for life in one-third of the lands according to the valuation, including the dwelling house (which is not to be valued unless in a town or city) of which her husband was the owner at the time of his death. This right of dower cannot be waived in a mortgage or other lieu, though she joins therein and expressly waives it; and it is superior to judgments or other liens. The widow is entitled, however, to take a child's share of the estate, that is, to share the estate pro rata with the children, but if the shares exceed five in number she shall have a fifth part. This is option- al and she may elect whether she will have her dower or a child 's 84 The Legal Bights of Women share. If the husband leaves no children nor descendants there- of, the wife is entitled to the whole of the real estate absolutely. Distributive Share. After the payment of the debts of the estate and the expenses of administration, the widow is en- titled to receive her proportionate share of the personal prop- erty on the same basis as her interest in the real estate. Idaho. Dower is abolished. Husband and wife are placed upon the same footing as regards property rights. Property is divided into two classes, community property and the separate property of the husband or wife. Upon the death of the hus- band, if he leave no will the community property, both real and personal, will be divided as follows : one-half to the widow abso- lutely and the remainder to his heirs, but if the husband leave no children or their representatives living, the entire estate goes to the widow. The separate property of husband or wife who may die leaving no will descends as follows : the surviving husband or wife and child wiU each take one-half thereof abso- lutely. If there be more than one child the surviving husband or wife will take one-third. If there be no child or children and no father or mother then living, the entire estate goes to the surviving husband or wife. These provisions are all subject to the payment of the debts of the estate. Illinois. Dowee. A widow is entitled to a dower interest of one-third of all the real estate of which her husband was the owner at any time during the marriage, except as to such part thereof, if any, in which she may have released her dower, or unless her dower is barred by a provision in the will of her hus- band, in lieu thereof, which is accepted or assented to by her. If there be no children and no descendant of a child, she is en- titled to half of the real estate and all of the personal estate nbsolutely. The Legal Bights of Women 85 Distributive Share. The personal estate of a deceased hus- band, where there is no will, is, after the payment of debts and the expenses of settling the estate divided as follows: if there be no child or children or descendants of any child, all of the personal estate goes to the widow. Where there is a child or children or descendants of a child, one-third of the personal estate goes to the widow. If there is no child or descendant of a child and no other kindred of her husband, the entire personal estate goes to the widow. If there be a will and the widow is not satisfied with the pr,ovisions thereof in so far as they relate to her, and she pref eres to take the provision which the law makes for her out of her husband's estate, she must notify the Probate Court within one year after the will is probated and she will then be entitled to receive the share which the law gives her instead of what is given her by the will. Indiana. Dower is abolished. Upon the death of the hus- band the widow takes as the heir of her husband an absolute es- tate in fee simple in one-third of all the real estate owned by the husband at the time of his decease, and in all lands conveyed by him during marriage in the conveyance of which she did not join, but if the value of the real estate exceeds in value the sum of $10,000.00 she will as against creditors inherit one-fourth only and if it exceeds $20,000.00 she will, as against creditors inherit one-fifth only. If a widow marries again, holding real estate inherited through a previous marriage and there be surviving children or their descendants hy such previous marriage, then she shall not convey away such real estate, and upon her death it will descend to the children by the marriage through which such real estate came to her. If the husband dies intestate, (without a will) leaving a widow and one child only, his real estate descends one-half to the widow and one-half to the child. If a woman marries a widower who has children by such mar- riage, her interest in the lands at his death will be a life estate only and at her death it shall go to such children. 86 The Legal Rights of Women Distributive Share. If either the husband or wife dies in- testate (without a will) leaving no children, but leaving parents or either of them, the personal estate goes three-fourths to the surviving widow or widower and one-fourth to the father and mother or the survivors of them, but if the personal estate is less than $1000. the whole goes to the survivor. If a husband or wife die, leaving no children, nor father, or mother, the whole goes to the survivor. If there is a surviving widow and chil- dren, the widow takes one-third of the personal estate remaining after the payment of the debts. Iowa. Dower is abolished. Under the code provisions the wife is entitled to receive one-third in value of all the estate, whether legal or equitable in real property possessed by her husband at any time during the marriage, to which she has not released her right or which has not been sold on execution or by other judicial sale. The wife is also entitled to one-third of the personal estate remaining after the payment of the hus- band's debts. If there are no children nor the descendant of any child, one-half of the estate goes to the wife. If the husband leaves no heirs the entire estate goes to his wife. The husband is entitled to the same share of his wife's estate. Kansas. Dower is abolished. The wife is entitled to re- ceive one-half in value of all the real estate in which her husband had a legal or equitable interest at any time during their mar- riage, to which she has not relinquished her right or which has not been sold on execution or other judicial sale, and which is not necessary for the payment of debts. If there are no chil- dren or their descendants living the whole of the estate vnll go to the wife. The same rule applies to the personal property re- maining after the payment of the debts. The widow's portion cannot be diminished by any will of her husband's without her consent. The Legal Bights of Women 87 Kentucky. After the death of either the htisband or wife, the survivor is entitled to an estate for his or her life in one- third of all the real estate of which the deceased, or any one for his or her use, was the owner in fee simple during the mar- riage, unless the right thereto shall have been barred or relin- quished. The survivor is also entitled to one-half of the personal estate of the deceased, after the payment of the debts. If the deceased leaves no descendants, and neither paternal or mater- nal kindred, the entire estate goes to the surviving husband or wife. Louisiana. In this state every marriage is deemed to be a partnership or community, unless it is provided by ante-nuptial contract by public act that there shall be no partnership. The partnership or community properly embraces the profits of all the effects administered and enjoyed by the husband either of right or in fact; and the profits arising from the property brought by husband and wife in marriage; of the produce of the labor of the husband and wife and of the property acquired during marriage by donation to them both or by purchase even though made in the name of one of them. The debts contracted during marriage are payable out of the common fund. The debts of each individual, contracted before marriage, are pay- able out of the individual property of the debtor. The husband is the head of the community, administers its property, disposes of the revenues and may sell the property without the consent of the wife. If the husband disposes of the property to defraud the wife, she will have a right of action against his heirs to re- cover the value of one-half of the community property. At the dissolution of the marriage all property possessed by husband and wife reciprocally is presumed to be community property unless it be proved what property each brought or what has been given to each separately, or what each has in- herited, and the community or partnership property will be divided equally between the husband and wife or between the 88 The Legal Bights of Women survivor and the heirs of the other. The wife and her heirs and assigns may exhonerate themselves from the debts of the partnership by renouncing the community, but this will de- prive her of all right to the community property, but she may take her separate property. If, however, the wife has taken an active part in the management of the community property sVte will not be allowed to free herself of the debts by renouncing her interest in the property. The wife may, however, retain the entire management of her separate property and the use of the revenues thereof by an ante-nuptial contract by public act. In this agreement the wife may limit the amount which she shall contribute to the expenses of the family. If the agreement is silent in this re- spect she will be required to contribute one-half. The separate property of the wife is either dotal, being that brought by her to the husband to assist in bearing the family expense, and extra dotal, or as it is also called, paraphernal, being that which forms no part of the dowry. The wife may manage her para- phernalia property without her husband's interference. The wife may, during marriage, petition the court for a separation of property whenever her dowry is in danger owing to the mis- management of her husband, or when the condition of his af- fairs is such as to endanger her interest in the property. If either the husband or wife dies leaving no heirs capable of in- heriting the survivor will have the use of aU the community property for life. The law also provides that when the estate is ample and the survivor is left in poverty, the latter may be allowed a marital portion equal to one-fourth of the succession if there are not to exceed three children; if there are more than three children the survivor will receive only a child's share for life. Maine. Dower, as such is abolished. If there are children the widow is entitled to one-third of the real estate absolutely; if no children, she is entitled to onei-half, and if there are no The Legal Rights of Women 89 children nor their descendants and no kindred, the widow will take the whole. The husband is entitled to the same share of the property of his deceased wife. This rule applies not only to real estate owned by the husband or wife at the time of his or her decease, but also to all estate owned at any time during the marriage in which such interest has not been barred or released. The personal estate is divided as follows: First, the Pro- bate Court may make an allowance for the support of the widow, then, subject to the payment of the debts, if there is a child or children the widow will take one-third, if there are no chil- dren the widow will take half and if there are no children and no kindred the widow will take the entire estate. Maryland. Dowbe. A widow is entitled as dower to a life estate in one-third of all of the real estate to which her hus- band had the legal or equitable title at any time during the marriage, unless the same has been relinquished or barred, but a claim for purchase money will take precedence to the claim for dower. A married woman of whatever age may bar her dower by joining in a deed with her husband or by her separate deed. A provision by will for the wife, whether by devise of land or bequest of personal property will be construed as a bar of her dower and distributive share of the personal estate, unless otherwise expressed in the will. The widow may renounce such provision within six months of the death of the husband and take instead, her dower and share of the personal property. Distributive share. After the payment of the debts the personal property of the deceased husband will be distributed as follows : The whole to the widow if there be no child, par- ent, grand-child, brother or sister, or child of a brother or sis- ter; one-third to the widow if there be a child or children or descendant or descendants of a child ; one-half to the widow if there be no child or descendant of the deceased husband, but 90 The Legal Bights of Women a father or mother, or brother or sister, or child of a brother or sister. Massachusetts. Dower. The widow is entitled to a* life estate equal to one-third of all of the real estate owned by the husband at any time during the marriage unless she has bar- red or relinquished it. If the husband leaves no issue sur- viving him, the widow may take absolute ownership of lands of the value of $5000.00 and a life estate in one-half of the remaining reality but she may take her dower if she prefers, in which case she must file notice in the Probate Court of her election to do so. Distributive share. If the husband leaves a widow and issue the widow takes one-third of the personal property; if there be no issue the widow takes all of the personal property up to $5000.00 and half of the excess over $10,000.00 ; if there be a widow and no kindred the widow takes the entire per- sonal estate. Michigan. Dower. Upon the death of the husband the widow becomes entitled to the use during her natural life of one-third of all the real estate of which her husband was the legal owner, at any time during the marriage, unless she has relinquished or barred her dower. If the husband makes an exchange of lands the widow will not be entitled to dower in both, but must elect in which to claim dower. A mortgage given to secure the purchase price of a piece of property takes precedent to the widow's right of dower in that property. A non-resident wife is not entitled to dower in lands sold by her husband but only in lands owned by him at the time of his decease. The widow may, however, elect whether she will take dower in her husband's real estate or accept the provision which the law makes for her in lieu of dower in cases where the husband shall die intestate, that is without leaving a valid will. This The Legal BigMs of Women 91 provision is as follows: If the husband leaves issue, the widow will take one-third of all the real estate absolutely; if there be no issue, one-half of the real estate will go to the widow; if the husband leaves no issue, nor father, piother, brother or sister, and there be no child of brother or sister, the whole of the real estate left by the husband will go to the widow abso- lutely. The condition of the estate may be such, however, that the widow will find it advisable to take her dower and homestead interest instead of the provision above set forth, but if she elects to take her dower and homestead interest, she must com- mence proceedings to have the same set off to her within one year after the appointment of an administrator of the estate of her husband. The Judge of the Probate Court may, how- ever, at any time before the administration of the estate is closed, upon notice to all persons interested, permit the widow to commence proceedings to have her dower and homestead rights set off to her the same as though she had commenced proceedings within the year. Distributive Share. The widow may reside in the dwelling house one year after the death of her husband without paying rent. If there be a homestead within the meaning of the law, such homestead right will continue for the benefit of the widow and the children. The widow is entitled to her apparel and ornaments and the apparel and ornaments of the husband; also the household furniture and to other personal property to be selected by her not exceeding two hundred dollars in value. The widow and children are also entitled to a reasonable allowance for their support out of the personal estate and the income of the real estate, during the settlement of the estate, except that in cases of insolvent estates the time during which the allowance may be made is limited to one year. If the inventory shows that the whole estate does not exceed the sum of one hundred and fifty dollars over and above the 92 The Legal Bights of Women allowances above provided for, the Probate Court may award the whole for the support of the widow and children, after the payment of the funeral charges and the expenses of settling the estate. In the event of the death of the husband without a will, the share of the widow in the personal estate remaining after the payment of debts, funeral expenses and the expenses of set- tling the estate will be as follows: If there be more than one child or the issue of any deceased child or children, the widow will take one-third thereof; if there be but one child or the issue of one child living, the widow will take one-half; if there be no child or children or the issue of any deceased child, the personal estate remaining if it does not exceed the sum of three thousand dollars in value will go to the widow, and if it does exceed that sum she will take three thousand doUars and one-half of what then remains. If there be no child or children or the issue of any deceased child and the husband leaves neither father, mother, brother or sister, nor children of any brother or sister living, the whole of the estate goes to the widow. The foregoing provisions cannot be cut off by will, and if the husband makes a provision by will for his wife in lieu of dower and distributive share of his estate, she may elect, Avithin one year after his death, whether she wiU accept such pro- vision or take what the law gives her. If she does not go into the Probate Court within one year after her husband's death and file her election to take what the law gives her instead of the provision made by the will, she will be deemed to have elected to take under the will. Minnesota. The same rule applies to the property of hus- band and wife. The surviving husband or wife is entitled to the homestead for life, free from debts, except mortgages exe- cuted by both or purchase money mortgages executed by the husband. If the deceased leaves no child nor the issue of a The Legal Bights of Women 93 child, the survivor inherits the homestead absolutely. The sur- viving husband or -wife is also entitled to one-third of all of the other lands owned by the deceased during the marriage in which the survivor has not joined in the conveyance. If there are no children or children's children the whole goes to the survivor. Distributive Share op Personal Property. The widow is entitled to all of the wearing apparel of the husband; also to household furniture not exceeding $500.00 in value to be se^ lected by her and other personal property to be selected by her not exceeding in value $500.00. The widow is entitled to the foregoing whether the husband leaves a will or not. The widow is also entitled to such reasonable allowance out of the personal estate as the Probate Judge may deem necessary for her sup- port during the settlement of the estate, but if the estate is insolvent the widow is entitled to this allowance for one ysar only. If the balance of the personal property does not exceed $150.00 it is awarded to the widow. After the payment of debts and allowances the widow is entitled to receive one-third of the remaining personal estate and if there are no children the whole goes to her. If the husband makes a provision by will for his wife in lieu of her statutory share of his real and personal estate, she may elect which she will take, and if she wishes to take the share given her by law rather than the provision made by the wiU, she must by an instrument in writing made and filed in the Probate Court in which the will is proved, within six months after the will is probated, renounce and refuse to accept the pro- visions of the will or she will be deemed to have elected to take under the will. Mississippi. Dower is abolished. In lieu thereof the sur- viving husband or wife takes a child's part of the property left by the other, that is, the property is divided pro rata between the survivor and the children. If there are no children or the 94 The Legal Bights of Women descendants of a child, the surviving husband or wife will in- herit all of the property of the other unless the deceased shall have left a will. Neither the husband or wife can be cut off by will, unless he or she owns property equal in value to one- half of the other's estate. If the deceased leaves a will which is not satisfactory to the survivor, if there are no children or other descendants, the survivor may renounce the wiU and will then be entitled to such an amount out of the estate of the other, which, added to the estate of the survivor will equal in value one-half of the property owned by the other at the time of his or her decease. The widow is entitled to an allowance for her support for one year. Missouri. Dower. The widow of a deceased person is en- titled as dower, to hold and enjoy during her natural life, the third part of all lands whereof her husband, or any other per- son to his use, was seized of an estate of inheritance at any time during the marriage, and in leasehold estates for a term of twenty years or more. She has an absolute share, equal to a share of a child, in the personal estate of her deceased hus- band, including leasehold estates for a less term than twenty years. If the husband die without child or children or de- scendants capable of inheriting, the widow is entitled to all of the real and personal estate which came to the husband in right of the marriage, and to all personal estate which came to his possession with her written assent remaining vindisposed of, and this without subjection to his debts; also to one-half of the real and personal estate belonging to the husband at the time of his death, absolutely, subject to payment of his debts. "When the husband dies leaving a child or descendants, but not by his last marriage, his widow may, in lieu of dower, elect to take, in addition to her real estate, the personal property in possession of her husband that came to him in right of the ^\'ife by means of the marriage or by her consent in writing, subject to pay- ment of the husband's debts. "When the husband dies without The Legal Bights of Women 95 a child or descendants living, capable of inheriting, the widow has her election to take her dower, discharged of debts, or to all the real and personal estate which came to her husband through her, by marriage and all her personal estate which came into his possession, remaining undisposed of. The election by the widow must be in writing, duly acknowledged and filed in the court in which letters of administration have been granted within twelve months after grant of the same, and such dec- laration must be filed in the Recorder's office of the same county within fifteen months after the grant of the same. Her faihire to make such election deprives her of dower in anything but the real estate, as elsewhere mentioned in this article. "When the husband dies leaving a child or children or other descend- ants, the widow, if she has a child or children by such husband living, may elect (in lieu of dower of the one-third of all lands whereof her husband died seized, to hold during her natural life), to be endowed absolutely of a share of such lands equal to a child's share. These provisions are subject, however, to the husband's debts. Divorce in favor of the husband bars her dower. If husband, by will, devises any real estate to his wife such devise is in lieu of dower out of his other real estate, unless testator otherwise declares. But the widow may file her renunciation of this devise and refuse to accept the provisions of the will, by writing, duly acknowledged and recorded. The widow has the right to transfer her. unassigned dower inter- est, and her assignee may sue for and have the same set apart to him. Montana. In this state the same rule applies to both real and personal estate, and the property of husband and wife is governed by the same law of succession. If the deceased leaves a husband or wife and one child or the lawful issue of one child, the property will be equally divided between the sur- viving husband or wife and such child or issue of such child. If there be more than one child, or one child and the lawful 96 The Legal Bights of Women issue of one or more deceased children, one-third goes to the surviving husband or wife. If there be no issue, the estate goes in equal shares to the surviving husband or wife and to the father and mother of the deceased in equal shares. If the de- ceased leaves no issue, and no father or mother, nor brother or sister, the whole estate goes to the surviving husband or wife. Except as above set forth, a widow is entitled as dower to the third part of all lands of which her husband was the owner in fee simple at any time during the marriage, unless she has relinquished it in legal form, but she is not entitled to dower as against a purchase money mortgage. A provision in the husband's will in lieu of dower will operate as a bar to the widow's dower unless she elects to take the provision provided by law by a writing filed in the District Court within one year after the probate of the will, announc- ing that she will take her dower in lieu of the provision con- tained in the will. Nebraska. Dower is abolished. The following provisions apply equally to the surviving husband or wife. If a person dies without leaving a wiU, his or her property, both real and personal, after the payment of debts and the expenses of settling the estate, descends as follows : "Where the surviving husband or wife is not the parent of all the children of the deceased person, and there be one or more children or the descendants of one or more deceased chil- dren then living, the surviving husband or wife will take one- fourth of the estate. If the surviving husband or wife is the parent of all the children of the deceased and there be two or more children, or one child and the descendants of one or more deceased chil- dren, the surviving husband or wife will take one-third of the estate. If the survivor is the parent of all the children of the de- ceased husband or wife and there is only one child or the de- The Legal Rights of Women 97 scendants of one child living, then the surviving husband or wife will take one half of the estate. If there be no chUd or the descendant of any child living, the surviving husband or wife will take one-half of the estate. If the deceased husband or wife leaves no blood relations, the entire estate will go to the surviving husband or wife. Where the deceased husband or wife shall have made a pro- vision for the other by will, in lieu of the provision made by law, the survivor cannot take both unless expressly authorized to do so by the will. If the survivor wishes to relinquish the provision made by the wiU and take the provision made by law, he or she must make his or her election within one year after the death of the person who made the will. Husband or wife may bar their right to inherit the property of the other or of certain parts thereof, either by a conveyance of such property while residents of this state, or if either is uon-resident, by a conveyance executed by both, or by the one owning the property; or this right may be barred by a sale of the property by execution or by judicial sale during the life time of the owner thereof; or by an ante-nuptial contract legally executed by the husband and wife; or by a decree of divorce unless the decree preserves the right of inheritance in express terms. Nevada. Dower is abolished. The separate property of either husband or wife, descends as follows: If there be a surviving husband or wife, and one child, or the issue of a child one-half of the estate will go to the sur- viving husband or vnfe; if there be more than one child, the surviving husband or wife will receive one-third of the estate. If there be no issue one-half of the estate will go to the sur- viving husband or wife, and if there be no issue, father, mother, brother or sister, the whole estate goes to the surviving husband cr wife. 98 The Legal Bights of Women All property acquired after marriage, by either husband or wife, except that acquired by gift, devise, bequest or descent, with the rents, issues and profits thereof, except the earnings of the wife, while she is living separate from her husband, or which he has allowed her to appropriate as her separate prop- erty, is community property. The earnings of the wife are not liable for the debts of the husband. Upon the death of the wife the entire community prop- erty goes to the husband, except when he has abandoned her without just cause, when one-half is subject to her testamen- tary disposition, or goes to her heirs. Upon the death of the husband one-half of the community property goes to the wife, and the other half is subject to his testamentary disposition, and in the absence of such testamen- tary disposition, goes to his children equally. If there are no children and no will, the whole community property goes to the wife, subject to his debts. New Hampshire. The widow is entitled to a homestead to the value of $500.00 and to dower in so much of the real estate as will produce a yearly income equal to one-third of the yearly income of the estate in which she is entitled to dower, at the time of the decease of her husband. The surviving husband or wife may waive any provision in the will of the deceased, intended to be in lieu of dower or courtesy and distributive share by a writing filed with the Judge of Probate within one year after the decease of the testator or testatrix. Thereupon the husband or wife filing said waiver shall be entitled to dower or courtesy, and a distributive share as if there had been no wiU. The distributive share to which the widow is entitled in addition to her dower and homestead right out of the personal estate of her deceased husband remaining after the payment of debts and expenses of administration is one-third part thereof The Legal Bights of Women 99 if lie leave issue surviving him ; one-half thereof if he leave no issue surviving him ; and out of his real estate, by waiving the provisions of his will in her favor and by releasing dower and homestead, she is entitled in fee after the payment of the debts and expenses of administration, to one-third thereof if he leaves issue by her surviving him. One-half thereof if he leaves no issue whatever surviving him. The distributive share of the husband in the personal estate of the deceased wife is the same as that allowed the widow iu the personal estate of her deceased husband. The share of the husband in the real estate of his 'wife may be awarded to him upon his waiving the provisions of her will in his favor, and by releasing his estate by the courtesy if she leaves issue by him surviving her ; one-third part thereof to hold during life if she leaves issue surviving her, but not by him, and if he has no estate by the courtesy in her real estate; one-half thereof if she leaves no issue whatever sur- viving her. New Jersey. Dovoie. The widow is entitled to a life estate in one third of all the real estate of which her husband was the owner or of which any other person held the title for his benefit at any time during the marriage, unless she has released her right of dower thereto; she may retain possession of the homestead iintil her dower is set off to her. In case she con- siders her dower unfairly assigned, or if it be not assigned to her within forty days, she may sue for it. She is entitled to dower in lands of her husband that have been or may be sold at judicial sale. If the husband leaves no kindred capable of inheriting and no children or their descendants, the widow will inherit the entire property. Distributive Share. If the husband leaves no will and there be children, the widow takes one-third of the personal prop- erty absolutely; if there are no children and no descendants of any child the widow takes all the personal estate. 100 The Legal Bights of Women New Mexico. The laws of New Mexico provide that all property, real and personal, brought into the marriage com- munity by the husband or wife, or acquired by him or her by inheritance, donation or legacy, shall constitute the separate estate and shall be subject to the private debts of such husband or wife; all property acquired otherwise than as above stated during the existence of the marriage community shall consti- tute the acquest property, and shall be liable for the common debts. One-half of the acquest property which remains after the payment of the common debts shall be set apart to the sur- viving husband or wife absolutely. The remainder of the ac- quest property and the separate estate of the deceased shall constitute the body of the estate for descent and distribution, and may be disposed of by will. In the absence of a will one- fourth of the estate descends to the surviving husband or wife, and the remainder in equal shares to the children of the de- ceased. If the intestate leaves no issue, the whole of the estate goes to his wife. New York. Upon the death of the husband the widow be- comes entitled to dower in all of the lands owned by her hus- band during the marriage, unaffected by any debt or act of the husband not assented to in writing by her, consisting of the use during her life of one third of all such lands. Of the personal property after payment of debts the widow is entitled to one-third absolutely and if there are no children or their descendants the widow will take one-half of the per- sonal property. If the husband leaves no parents, or descend- ants, but leaves brother and sister, nephew or niece the widow will also take the other half of the personal estate or the whole thereof if it does not exceed $2000.00. If the remaining per- s(mal estate amounts to more than $2000.00, the widow will be entitled to one-half thereof and $2000.00; and if there be neither parents, descendants, brother, sister, nephew or niece the widow will take all of the personal estate. The Legal Bights of Women If the husband makes a provision by will for his wife in lieu of dower she may elect whether to accept such provision or take the share of the real and personal estate given her by law. North Carolina. In case the husband dies without leaving a will, or if he have a will in which the provision for the widow is not satisfactory to her, she will be entitled to receive as dower an estate for her life equal to one-third in value of all the lands of which her husband was the owner at any time during the marriage. The widow is entitled to the whole of the real estate abso- lutely, where the husband leaves no person who is capable of inheriting it from him. The widow is also entitled to an allowance of $300 for one year's support, and $100 addition for every member of the fam- ily under fifteen years of age. If the personal estate of the hus- band exceeds $2000 a larger allowance may be made, but not to exceed a sum equal to one-half of the net income of the hus- band for three years next preceding his death. If there are not more than two children, the widow will also take one-third of the personal property; if there are more than two children then the widow will share equally with the children and take a child's part; if tbere be no child or the descendants of a deceased child the widow will take one-half of the personal estate; if there be no child or descendants of a deceased child, nor any next of kin the widow will take the whole of the personal estate. NoKTH Dakota. Husband and wife are on the same foot- ing in this state as regards the property of the other. If either dies without a will the surviving husband or wife will be entitled to share in the property of the deceased as follows : If there be but one child the survivor will take one-half of the property. If there be more than one child living or one child and the law- ful issue of one or more deceased children, the widow will take one-third of the property. 102 The Legal Bights of Women If there be no. children or their descendants, and the estate does not exceed ten thousand dollars in value, the whole will go to the widow, but if the estate is of the value of more than ten thousand dollars, the widow will take up to the value of ten thousand dollars and one-half of the remainder. If the husband leaves no child or children or their descend- ants and no father, mother, brother or sister, nor children of a deceased brother or sister, the whole estate will go to the widow. A homestead estate, consisting of the possession, use, control, income and rents of real estate of the value of $5000. occupied or held as a homestead descends to the surviving husband or wife. The homestead is limited to one hundred and sixty acres of farming land or if in a city or village to one acre. Ohio. A widow is entitled to a life estate in one-third of all the real estate of which her husband was the owner at the time of his death and also in one-third of all real estate owned by her husband at any time during the marriage, unless she has released her dower therein. Also in one-third of all the right, title, and interest that her husband had at the time of his death in any real estate held by contract, bond, or any other evidence of claim or title. If there be no children nor their descend- ants, and the husband leaves no will, the widow will take the entire real estate for life. Of the personal property, the widow is entitled to an amount to be fixed by appraisers, for the support of herself and minor children for one year, and for herself one-half of the first four hundred dollars of the estate and one-third of the personal estate above four hundred dollars. If the husband leaves no will and leaves no children or their descendants, the widow will take the entire personal estate remaining at the time of the settlement of the estate. If the husband makes a provision by will for his widow in lieu of dower, she may elect whether she will accept such pro- vision or take what the law allows her, but she cannot take both. The Legal Bights of Women 103 Oklahoma. Upon the death of either husband or wife the survivor may continue to reside upon the homestead which is exempt from sale for the debts of the deceased. The children may continue to occupy the homestead until the youngest child becomes of age. The survivor is also entitled to the family pic- tures ; a pew in a house of worship ; a burial lot or lots in any cemetery; school and other books not exceeding in value $100; aU wearing apparel; one year's provisions on hand or growing, or both; household furniture not exceeding $150 in value and all other property that is exempt from execution with the home- stead. If there is no such property or not sufficient, the Probate Court may make an allowance ojit of other property. This property belongs to the surviving husband or wife unless there be a minor child, in which event the survivor takes one-half and the minor child one-half. If there be more than one child, the surviving husband or wife takes one-third. If the personal estate does not exceed $1500, it goes to the surviving husband or wife and the minor children and is not subject to the debts of the deceased. The remainder of the estate, after the payment of the debts of the deceased, will go to the surviving husband or wife and the children as follows: If there be only one child or the de- scendants of a child, one-half to the surviving husband or wife and one-half to the child or its descendants; if there be more than one child or their descendants, one-third to the surviving husband or wife and the remainder to the children or their de- scendants. If there be no children or their descendants, the surviving husband or wife will take one-half of the estate. If there be no children or their descendants, and no father, mother, brother or sisters of the deceased, the whole estate will go to the surviving husband or wife. Oregon. The laws of Oregon give to a widow as dower the use of the income from one-half of all the lands of which her 104 The Legal Bights of Women husband was the owner at any time during the marriage unless she has lawfully barred herself therefrom by joining with her husband in a conveyance of the property ; or by executing a sep- arate conveyance to her husband's grantees or their heirs or as- signs; or by a jointure or provision made for her before mar- riage with her consent, in Ueu of dower; or by any other pe- cuniary provision made for her with her consent in lieu of dower. She is also entitled to the interest or income during her Uf e, of one-half of any surplus remaining upon the sale of mortgaged property in which she joined with her husband. If the hus- band's heirs or those claiming or owning the property under the husband shall pay the mortgage the amount so paid will be deducted from the value of the land and the widow wiU. be en- titled to the use of one-half of the value of the property after such deduction. The widow may continue to occupy the lands of her husband with her children or other heirs of the deceased, or may receive one-half of the rents, profits, and income of the lands. If the husband leaves no descendants, the lands wiU go to the widow absolutely. The personal estate of the husband goes to the widow if there be no children or their descendants, otherwise the widow takes half. The rights of a widow cannot be cut off by will without her consent. Pennsylvania. In the event of the death of the husband without leaving a will, the widow will be entitled to the follow- ing interest in his estate : If there be children or the descend- ant of any deceased child, the widow wiU be entitled to one-third of the real estate for her life and will also be entitled to receive absolutely, one-third of the personal estate. If there be no child or children, or the descendant of any de- ceased child, the widow will be entitled to real and personal property absolutely, to the value of $5000.00 in addition to the The Legal Bights of Women 105 widow's exemption of personal property of the value of $300.00 as allowed by law. If the estate is of the value of more than $5000.00 the widow will be entitled to $5000.00 absolutely, to be selected from the real and personal property and to one-half of the remaining real estate for life and to one-haK of the remaining personal property absolutely. If the husband leaves no kindred to whom the property can descend, the entire estate, both real and personal will go to the widow. The husband cannot deprive his wife of an interest in his property by a will and if he attempts to do so, or if the pro- vision made for her by the will is not satisfactory, or is not equal to what she would be entitled to receive by law, she may refuse to accept it and in that event she will take the share of which the law gives her. This provision is not however, the same where the husband leaves a will as when he does not, but is as follows, viz : If there be children or their descendants, she will take one-third of the real estate for life and one-third of the personal estate abso- lutely. If there be no children or their descendants, the vddow will take one-half of the real estate for life and one-half of the personal property absolutely. If there be no kindred of the hus- band capable of inheriting, the widow wiU take one-half of the real estate for life and one-half of the personal property abso- lutely. Rhode Island. A widow is entitled to dower of one-third of all the real estate of which her husband or any other person for his use, was the owner at the time of his decease and also in all lands sold by her husband during her marriage in which sh'B has not released her dower, provided she has not accepted tue provisions of his will in lieu of dower, or a jointure made in lieu of dower. 106 The Legal Bights of Women If there are no children, the Probate Court may set off to t'ae widow in addition to her dower such part of the real estate not required for the payment of debts as may be necessary for her support and be in accord with the circumstances of the estate to be held by her for life upon the same terms as she holds her dower. If the husband leaves no kindred capable of inheriting, the entire estate goes to the widow. Of the personal estate, the widow is entitled to one-half if there be no children or their descendants, otherwise to one-third absolutely. The Probate Court may also set off to her, her ap- parel and that of the descedent's children, and such household furniture and supplies as are exempt from attachment as the Court may judge necessary. South Carolina. A widow is entitled to dower of one- third for her life in all the real estate of which her husband was the legal owner or to which he was equitably entitled at any time during the marriage unless she has relinquished it by join- ing in a conveyance with her husband. A widow may take in liew of dower, her distributive share of her husband's estate under the Statute, as follows: If there be a child or children, the widow may take one-third of all the real and personal property. If there be no child or the de- scendant of any child, the widow may take half. But she can- not take both her dower and distributive share. If there be no child or the descendant of a child or children, but the deceased husband leaves a father, or mother, and brother or sister, or brother or sister of the whole blood, the widow will be entitled to receive one-half of the estate. If there be no father or mother, but there be brothers or sis- ters, or brother or sister of the whole blood, the widow will be entitled to one-half of the estate. If there be a brother or sister of the half blood and a child The Legal Rights of Women 107 or children of a brother or sister of the whole blood, the widow will be entitled to one-half of the estate. By the whole blood is meant the children of both parents of the deceased husband; by half blood is meant the children of only one of the parents of the deceased husband, or half brothers and sisters. If the husband makes a provision in his will for his widow, she may elect whether she will accept such provision or take her dower or distributive share of the estate as provided by law. South Dakota. Where the husband dies without a will leaving no child or the descendant of any child, and no father, mother, brother or sister, the entire estate goes to the widow. ]f there be but one child or the descendant or descendants of an only child, the widow will be entitled to one-half the estate. If there be more than one child living or one child living and the child or children of one or more deceased children, the widow will be entitled to one-third of the estate. Tennessee. The widow is entitled to dower of an estate for life in one-third of all the lands owned by her husband at the time of his death and also in all lands mortgaged or conveyed in trust by her husband and not foreclosed in his life time. If the husband leaves no lawful heirs, the widow will take the en- tire estate absolutely. The personal estate is divided in equal proportions between the widow and the children. If there be no children or their descendants, the entire per- sonal estate goes to the widow. Texas. If the husband dies leaving a widow and a child or children of their descendants, the widow will be entitled to an estate for life in one-third of all the real estate of which her husband was the owner at the time of his death. She will also take one-third of all the personal estate absolutely. 108 The Legal Bights of Women If there be no child or children or their descendants, the widow will be entitled to all the personal property absolutely and to one-half of the real estate absolutely. If there be no child or children or their descendants, and if the husband leaves no surviving father or mother, or broth- ers or sisters, or their descendants, the wife wiU be entitled to the whole estate absolutely. The community property, if there be no child or children, goes to the widow. If there be a child or the descendant of any child, the widow will take one-half of the community prop- erty. Utah. A widow is entitled to the absolute ownership of one-third in value of all the real estate owned by her husband at any time during the marriage, in which she has made no relinquishment of her right. But she will not be entitled to any interest in the property of which her husband had made a conveyance during marriage if she was not and never had been at the time of making such conveyance, a resident of Utah. If there be only one child or the descendants of one child, the widow will take one-half of the estate. If there be no chil- dren or their descendants and the value of the estate is less than $5000.00 the entire estate will go to the widow. If the value of the estate is in excess of $5000.00 the widow will take up to $5000.00 in value and one-half of the excess above that amount. The personal estate is distributed as foUows: If there be only one child the widow will take half ; if more than one child, one third. If there be no child or children, or their descend- ants, all of the personal estate if it does not exceed $5000 goes to the widow, if over $5,000, the widow will take the $5,000 and also one-half of all over that sum. If the husband leaves no child or children, father, mother, brother or sister, the entire estate will vest in the widow. The Legal Rights of Women lOS Vebmont. The widow is entitled to one-third in value of all the real estate, but if there he no child or children or their descendants, the widow will be entitled to the whole of the es- tate if it does not exceed $2,000 in value. If it exceeds $2,000, the widow is entitled to that sum and one-half of the remain- der. The widow is entitled to her wearing apparel and orna- ments, and such other personal property, being not less than one-third thereof as may be set off to her by the Court. If the personal estate does not amount to m:ore than $300, it may all be assigned to her. If the personal estate amounts to more than $300, it will be divided the same as the real estate. Virginia. A widow is entitled to dower of one-third of all the real estate of which her husband was the owner at any time during the marriage except in such part thereof as she shall have relinquished her right. She may bar her dower by joining with her husband in a conveyance of his property or by accepting any settlement by deed or will for her benefit, made in lieu of her dower. A widow's interest in her husband's personal estate is as follows : If there be children by her, she will be entitled to one third, if not, she will be entitled to all the personal property that came to her husband by virtue of the marriage (if prior to 1877) and which is remaining at the time of his death, and also to one-third if he leave a child or children by any other marriage, and if he leaves no child or children by any other marriage and none from her marriage with him, she will be entitled to all that remains of the property brought by her and to one-half of the personal property of her husband. Washington. In this State property is divided into two classes, known as "Separate property" which is property that is acquired either before or after marriage, by gift, bequest, devise, or descent, and "Community property" which in- 110 The Legal Bights of Women eludes aU property acquired during marriage otherwise than by gift, devise or descent. In the absence of a disposition of the property by wiU, a widow's interest in the separate property of her husband is as follows: If there be only one child or the descendants of one child, the widow will take half ; if there be more than one child then the widow will take one-third. If there be no child or the descendants of any child, the widow will take one-half of the separate property. If the husband leaves no child or chil- dren or their descendants, and no father, mother, brother, or sister, the entire separate property goes to the widow. A widow is also entitled to one-half of the Commtmity property and cannot be deprived thereof by will. The husband may dispose of the other half by will. If he does not do so and leaves no child or children or their descendants, the whole of the Community property will go to the widow. The Com- munity property is subject to the debts if the personal estate be not sufficient to pay them. The separate personal property may be disposed of by will. In the absence of such disposition the widow will be entitled to her apparel and ornaments and a suitable provision and other necessaries for the use of herself and family during the settle- ment of the estate; all of the remainder of the separate per- sonal estate after the payment of debts will go to the widow if there be no child or children or their descendants, otherwise she will take one-half. West Vhiginia. A widow is entitled to dower of one-third during her life of all the real estate of which her husband was the owner at any time during the marriage except that in which she has relinquished her right. The personal estate is first applied to the payment of debts and funeral expenses. If there be no children or their descendants, the remainder will go to the widow. If there be a child or children the widow will be entitled to one-third. The Legal Bights of Women 111 Wisconsin. A widow is entitled to the homestead ab- solutely if there be no child or children or the descendants of any child or children. If there be a child or children or their descendants, she is entitled to the use of the homestead during her widowhood. The widow is also entitled to dower consisting of the use during her natural life of one-third of all the lands owned by her husband at any time during the marriage, unless she has barred herself thereof, but if the widow be an alien, she will be entitled only to dower in the lands owned by her husband at the time of his death. Where the husband has mortgaged lands before marriage, the widow will be entitled to dower in such lands as against all persons except the mortgagee or persons holding under him. If there be no child or children of the deceased husband and no descendant of any child the widow will take all of the real estate. Dower may be barred by a jointure settled upon the wife before marriage, Avith her consent, provided such jointure con- sists of a free hold estate in lands for the life time of the wife, to take effect in possession or profit before or after the death of her husband. A-married woman of the age of eighteen years or upward, may also bar her dower in any particular piece of property or to the whole of her husband's property, by joining with him in a deed thereof. Where the personal estate is not disposed of by wiU, the widow will be allowed all her apparel and ornaments and the wearing apparel and ornaments of her husband and the house- hold furniture, not exceeding in value $250, and other personal property to be selected by her not exceeding $200 in value, and such reasonable allowance out of the personal estate as the County Court shall deem necessary for the maintenance of herself and minor children during the settlement of the estate. If there be no child or children or their descendants the 112 The Legal Bights of Women widow will take all the personal property, otherwise she will be entitled to one-third. "Wyoming. If there be no will the estate of the husband, both real and personal will descend as follows: If there be children or the descendants of any deceased child or children, one-half of the estate will go to the widow absolutely; but if the estate does not exceed $10,000.00 in value, and there be no child nor the descendant of any deceased child, the widow will take the entire estate. If the estate exceeds $10,000.00 in value and there be no child or children or the descendant of any deceased child, three fourths of the estate will go to the widow. If the husband leaves a will by the terms of which the pro- vision for the wife is not satisfactory to her, she may refuse to accept such provision and will thereupon be entitled to re- ceive the share of the estate which the law entitles her to. Widow's Right to Remain in the Homestead. In the states where homestead laws are in force, the widow usually has the right to remain in the homestead either during the minority of the children or during her life time, the laws vary- ing in this respect in the several states; and this right is in addition to her dower. In states where there is no homestead laws the widow may, as a rule, occupy the family dwelling house for a period varying from forty days in some states to one year in others without paying rent. This was called "The widow's quarantine." In some states she may remain until her dower is set ofE to her without paying rent to the heirs. She cannot be deprived of her right to remain in the home- stead or family dwelling by any wrongful act of the heirs, and if they eject her or make her life so miserable that she can- not remain, she may have relief by means of an injunction to restrain their improper actions or she may, if necessary, take up her abode elsewhere and the Probate Court may make The Legal Bights of Women 113 her an increased allowance out of the estate to cover her addi- tional expense for rent and other necessaries. Widow's Allowance. In addition to her right to remain in the family dwelling, the laws of all the States contain provisions for an allowance for the support of the widow and minor children while the estate of the husband is in process of settlement. The amount of this allowance is always governed to a certain extent by the value and condition of the estate, the situation in life of the widow, the number and ages of the children, the age and condition of health of the widow, etc. This allowance is usually made by the Probate Judge upon the peti- tion of the widow, and belongs to her as a matter of right. The Court may exercise his discretion as to the amount of the allow- ance, but cannot refuse to make any allowance whatever, and, as a rule, the courts are liberal in awarding such allowances. If the children are of an age requiring special care, or if they were in school or college prior to the death of the father, the court may make the allowance sufficient to provide such special care or to enable the widow to keep the children in school or college. As stated above, however, the court will consider the condition and amount of the estate in making the allowance, and if the estate is insolvent he will not make the allowance any larger than the actual circumstances of the estate will warrant, although where the estate is very small, the court may make an allowance sufficient to exhaust it entirely, leaving nothing for creditors. In making her application for an allowance, the widow should be prepared to show what her requirements .will prob- ably be during the period for which the allowance is to be made ; what it will cost to support and clothe her in the style in which she has been accustomed to live, what may be required for medical attendance, and for the other things which go to make up her ordinary expenses ; she should also be able to show what it will probably cost to support, clothe, educate and care for the children. The Court must have some Evidence to guide him 114 The Legal Bights of Women and the better the showing made by the widow, the larger her allowance is apt to be. Setting off oe Assignment of Dower. The time and man- ner of setting off the widow's dower is governed or regulated by the statutes and varies in the several states. In some states the Probate Court has the power to set off dower at the time of settling the estate, or upon an independent petition filed by the widow or heirs. In some states the law courts have jurisdiction. The proceeding whether in the Probate or Law Courts is somewhat technical and the widow should employ a competent lawyer to look after her interests. It is the duty of the heirs to see that the dower is assigned ; if they do not do so voluntarily the widow may make a demand upon them for her dower and the courts have power to award her damages for their neglect or refusal to comply with her de- mand, and if the heirs do not take steps to have her dower set off she may institute proceedings for that purpose. In setting off dower, it is customary for the court to appoint commissioners who are supposed to be disinterested men, to examine and appraise the property and determine in what man- ner, or out of what property the dower shall be assigned. Where there is only one parcel of real estate, as for example, a farm and the dwelling house and other buildings thereon, or a house and lot in town, it sometimes becomes a difficult problem to adjust the rights of all parties in an equitable manner. This difficulty is sometimes overcome by determining the value of the widow's dower and awarding it to her in money, or the Commissioners may set apart certain rooms in the dwelling house, certain parts of the other buildings and certain parts of the land for the use of the widow; or, where the estate is so situated that the dower cannot be set off by assigning a par- ticular parcel or a certain part of the premises the value of the annual income may be determined and the heirs directed to pay her one-third thereof, or as the case may be. Where there are several parcels of land the widow's dower may be assigned The Legal Bights of Women 115 by giving her one or more parcels thereof, but the Court will not permit the heirs to set off lands of minor value to the widow. She is entitled to the use of one-third in value of the entire estate, not one-third in quantity. This rule is for the benefit of the widow to prevent the setting off to her of comparatively worthless lands. Dower may, however, be assigned out of each separate parcel of land where fairness demands it, and in a few of the states the law recognizes no other method, although the courts of such states recognize the right of the parties to agree upon a division. In some of the states the widow is entitled to dower not only in the lands owned by her husband at the time of his decease, but also in all the lands owned by the husband at any time during the marriage, (see synopses of laws relating to dower), unless she shall have relinquished her right thereto. Where this is the ease, a different method is adopted for setting apart her dower in lands sold by the husband during the mar- riage and a separate proceeding must be instituted against the owner of each separate parcel, and instead of setting off a part of the land to the widow, the court may determine the value of the dower interest and decree its payment in money. As a general rule the value of a widow's dower in lands sold by her husband will be based upon the value of the lands at the time they were sold and not at the time of the husband's death, and the widow can derive no advantage from improve- ments made by the purchaser or those holding under him, sub- sequent to the sale by the husband, and the same rule applies in many of the states to natural increase in value, the general rule being that for the purpose of setting off the widow's dower in lands sold by her husband, the award will be based upon the value of the lands when they are sold. The same rule applies where the lands have deteriorated since they were sold by the husband. The law is well settled that no depreciation occurring after the sale by the husband can diminish the share of the widow. 116 The Legal Bights of Women Assignment of a Geoss Sum in Lieu of Dowee. As we have already briefly stated, there may be circumstances which make the assignment of a gross sum of money in lieu of dower desirable, and in most of the states there are statutes which permit this to be done. In some of the states the widow may elect whether she will take a gross sum or rely upon annual payments of her share of the rents and profits of the lands; in other states it lies in the discretion of the court to order the payment of the dower in a gross sum, while in others it can be done only upon the agreement of all the parties in interest. Whether it is expedient or necessary to accept a gross sum must depend upon the circumstances of each case. Where the lands have to be sold to satisfy a mortgage or other incum- brance, the widow is entitled to dower in the surplus and she may prefer to, or it may be better for her to have a sum of money set off to her out of the surplus which becomes her own property rather than to have the money invested and her share of the income paid to her. The same rule applies where lands are sold for the purpose of making a partition or division among the heirs. In determining the amount in gross to be paid to the widow, the value of the estate and of the annual income are first ascer- tained and the present worth of the annual payments continuing during the life of the widow is found by means of well estab- lished mortality tables which show the probable duration of life or the "expectancy" as it is called of the widow. These tables are based upon observation and comparison and are re- garded as accurate and in some states the courts rely upon them to the exclusion of all conjectural evidence as to the probable length of life of the widow, based upon her physical condition. In some states, however, the physical condition and state of health of the widow is considered in connection with her ex- pectancy of life as shown by the tables and in a number of the states there has grown up a practice of awarding the widow The Legal Bights of Women 117 one-sixth of the appraised value of the land, except in cases of extreme youth or old age. Where a gross sum is paid to the widow in lieu of dower it becomes her absolute property and she may use and dispose of it at her pleasure. The law of dower is of the most complicated and technical character, and where the estate is large or involved, or where the lands are encumbered or were held by the husband jointly or in common with others, or where the widow seeks to recover her dower in lands sold by her husband during the marriage, she should employ a competent lawyer to look after her inter- There are many cases where the heirs are not in sympathy with the widow and are desirous of giving her as little as pos- sible. Where this is the case a lawyer should by all means be retained. CHAPTER VIII. DIVORCE. Divorces are either from the bonds of matrimony or from bed and board. A divorce from the bonds of matrimony is an absolute di- vorce which dissolves the marriage relation and frees both par- ties from all marital vows and obligations. Unless otherwise provided in the decree of divorce or by the laws of the state, either party may re-marry at pleasure. A divorce from bed and board or a limited divorce is simply a judicial permission for the parties to live apart from each other and does not dissolve the marriage relation nor free either party from any of the obligations thereof, except the obligation to cohabit. This permission may be granted for a term of years or permanently. Whenever the term of separation has expired either party has the right to demand of the other a resumption of marital relations unless a further period of sep- aration is granted by the court. Grounds foe Divoeoe. The laws of the several states vary considerably in defining the grounds for an absolute divorce, but in the main they are very similar. There are a few states in which the grounds for divorce are restricted within very narrow limits and in one state, viz.. South Carolina, divorces are unknown. In New York an absolute divorce will be granted upon one ground only, namely, adultery, and the guilty party is prohibited by the law of the state from re-marrying during the life of the other party, unless the court shall modify the decree so as to permit it, which may be done after the expira- tion of five years from the granting of the divorce upon proof that the complaining party has remarried and that the con- ns The Legal Rights of Women 119 duct of the defendant has been uniformly good since the dis- solution of the marriage. The term of residence required in order to give the court jurisdiction also varies widely in the several states. We there- fore give a brief synopsis of the divorce laws of each state, as follows : Alabama. An absolute divorce may be decreed in the fol- lowing cases, viz : 1. In favor of either party when the other was, at the time of marriage, physically and incurably incapaci- tated from entering into the marriage state ; adultery ; voluntary abondonment from bed and board for two years next pre- ceding the filing of the bill; imprisonment in the penitentiary of this or any other state for two years, the sentence being for seven years or longer; becoming addicted, after marriage, to habitual drunkenness; also to husband when the wife is preg- nant at the time of the marriage, without his knowledge or agency. Also to the wife in case of cruelty by the husband, when he has committed actual violence on her person attended with danger to life or health, or when from his conduct there is reasonable apprehension of such violence. The applicant must be a citizen, and have resided in the state one year prior to the filing of the bill, except in case of abandonment, when a residence of three years is required. The causes for which di- vorce is sought need not have occurred in this state. Divorce from the bonds of matrimony bars the wife of her dower, and of any distributive share in the personal estate of her husband. A divorce for pregnancy of the wife bastardizes the issue. A divorce takes from the husband the control of the wife's sep- arate estate. Alaska. A divorce may be granted to either husband or wife, he or she being the innocent party, for the following causes : impotency existing at the time of the marriage and con- tinuing to the time applying for the divorce ; adultery, the con- 120 The Legal Bights of Women viction of a felony, that is, of a crime punishable by imprison- ment in a penitentiary ; cruel and iiihuman treatment calculated to impair health or endanger life ; habitual and gross drunken- ness contracted after the marriage and continuing for at least one year; and up to the time of applying for*he divorce. The person applying for a divorce must be a resident of the district at the time and must have resided therein two years next before commencing suit. But if the parties were married in the district, an action to declare the marriage void may be commenced without the complainant having lived two years in the district, but the party commencing the suit must be an actual resident at the time. If the marriage did not occur in the district, an action to declare it void cannot be commenced until after two years resi- dence. A decree of divorce does not become effective so as to enable either party to marry a third person, while an appeal there- from is pending or the time within which an appeal may be taken has not expired. Abizona. An absolute divorce, or a divorce from bed and board, may be granted for the following causes : Adultery ; im- potency or physical incompetency existing at the time of the marriage and continuing down to the commencement of the suit; the conviction of a felony after marriage and a sentence to imprisonment thereunder. But a divorce will not be granted for this cause where the conviction was upon the testimony of the party appl3dng for the divorce ; and in no event will a decree for divorce be entered for this cause until one year after the con- viction. Other grounds are, wilful desertion for two years; ex- treme cruelty ; neglect upon the part of the husband to provide suitable necessaries for the wife, he having sufficient ability to do so ; habitual intemperance ; the conviction of a felony before the marriage of either party, if such conviction was unknown to the other party at the time of the marriage. A divorce will be The Legal Rights of Women 121 granted to the husband, where at the time of the marriage, the wife was pregnant by another man and this fact was not known to the husband. An actual residence of one year in the state and of six months in the county where the suit is commenced is required. The court may provide for the care and custody of the minor children and may make a division of the community property between the parties. The court may also allow alimony while the suit is pending in court and require the husband to pay the fees of the wife's attorneys. Aekansas. Divorces may be granted for the following causes: Impotency at time of contracting the marriage; de- sertion for one year without cause; wherever either party has a former husband or wife living at the time of marriage; con- viction for felony or other infamous crime; habitual drunken- ness for twelve months ; such cruel and barbarous treatment by one, as endangers the life of the other; the offering of such in- dignities to the person of the other as shall render his or her con- dition intolerable; adultery. The plaintiff must have an actual residence in this state for one year next before commencement of suit and that the cause of divorce occurred or existed here or if it occurred out of the state, either that it was a legal cause for divorce where it occurred or existed, or that the plaintiff then resided here, and that the cause occurred or existed within five years next before suit. Attorney's fees and alimony while the suit is pending in court may be allowed the wife. Collusion between the parties or the commission of like offences by the defendant will prevent a decree of divorce if brought to the attention of the court, and the cause of divorce must be proved before the court can grant the divorce. Permanent alimony and care of children may be provided for in the decree. The court may at any time, upon application of either party modify the decree in respect to alimony and maintenance. Each party 122 The Legal Bights of Women is restored to their property rights as to all property remaining undisposed of at the time of the decree which either party ob- tained from or through the other during marriage, and in con- sideration or by reason thereof. The wife, when a divorce is granted her, may, upon prayer for such relief, have the name she bore before marriage restored to her. California. An absolute divorce may be granted for the following causes: adultery; wilful desertion for one year; wil- ful neglect; habitual drunkenness; extreme cruelty; the con- viction of a felony. The court may annul a marriage where the party seeking the annulment was under the legal age of consent at the time of the marriage and it was contracted without the consent of the parents or guardian; or where either party had a husband or wife living at the time of the marriage and such former mar- riage at that time had not been legally dissolved; or if either party was, at the time of the marriage, of unsound mind ; or if the consent of either party to the marriage was obtained by force or fraud; or if either party was, at the time of the mar- riage, impotent or otherwise physically incapable of entering the marriage state and such disability has continued until the time of commencing the suit. Where the ground of the annulment is that the party was un- der the legal age of consent, or that the consent to the marriage was obtained by force or fraud, or that the other was impotent or physically incapable, the court will not grant the decree if it appears that after such disability was removed or the force or fraud discovered, the complaining party voluntarily cohabited with the other as husband and wife, or has done anything which in law amounts to a condonement or forgiveness. If upon the trial of the suit the court is satisfied that a divorce should be granted, a decree or judgment will be entered, but this judgment is what is called interlocutory, that is, a de- cree or judgment which is not final and under which neither The Legal Rights of Women 128 party can marry. After one year from the time of entering this interlocutory judgment the court may enter a final judg- ment. Neither party can marry again until this final judgment is entered. The court may provide for the custody of the minor chil- dren, award alimony and settle the property rights between the parties. An actual residence of at least one year next before filing the suit is necessaiy to give the court jurisdiction to grant a valid divorce. CoLOKADo. The causes for divorce in this state are: impo- tency; that the defendant had a wife or husband living at the time of contracting the marriage from whom he or she had not prior thereto been lawfully divorced ; adultery ; wilful desertion and abuses without reasonable cause for the space of one year; the failure of the husband, he being in good health, to make a reasonable provision for the support of his family for the space of one year; habitual drunkenness for one year; conviction of felony. Neither party will be permitted to marry within one year from the entry of the decree. A decree of divorce does not af- fect the legitimacy of children except where the marriage is de- clared void by reason of a prior marriage. The plaintiff must have resided in the state at least one year before beginning proceedings, unless the grounds for divorce are extreme cruelty or adultery committed in this state. The court has power to re-open the case and set aside the decree at any time within one year, upon the application of the defend- ant where there has been no writ of error or appeal. The court may allow alimony to the wife in its discretion. Connecticut. Divorces may be granted for adultery, fraudulent contract, wilful desertion for three years with total neglect of duty; seven years' absence during all which period 124 The Legal Rights of Women the absent party has not been heard from; habitual intemper- ance, intolerable cruelty, sentence to imprisonment for life and any infamous crime involving a violation of conjugal duty and punishable by imprisonment in the state prison. No complaint can be heard or decree granted until after the expiration of ninety days from the day when the complaint is made returnable, except where the defendant shall appear in court against such complaint, either in person or by counsel, in which case such complaint shall be privileged and shall be tried as soon as may be. Three years' continuous residence in this state by the plaintiff next before the date of complaint, is re- quired unless the cause of divorce shall have arisen subsequent to removal into this state or unless the defendant shall have continuously resided within this state three years next before the date of the complaint, and actual service shall have been made upon him; or unless the cause is habitual intemperance or intolerable cruelty, and the plaintiff was domiciled in this state at the time of marriage and before bringing the complaint has returned to this state with the intention of permanently remaining. The court may order alimony during the time the suit is pending, and may assign to any woman so divorced, part of the estate of her husband, not exceeding one-third thereof and may change her name and make other proper orders relat- ing to the care, custody and education of minor children; and may thereafter at any time vary or annul the same upon good cause shown. Delaware. An absolute divorce may be granted for the following causes : Adultery ; bigamy, where the divorce is sought by the innocent party ; desertion for two years ; habitual drunk- enness continuing for two years next preceding the application for divorce ; cruelty ; the conviction after marriage, either in or out of this state of a crime and imiprisonment under such con- viction for at least two years, or having been imprisoned under an indeterminate sentence, has served at least one year. The Legal Rights of Women 126 A divorce from bed and board, that is, a divorce which does not dissolve the marriage so as to enable either party to marry again, may be granted for the reasons given above and also for the hopeless insanity of the husband. The court may annul a marriage for either of the following causes existing at the time of the marriage : impotency when in- curable, consanguinity, that is, where the parties to the marriage are within the prohibited degree of relationship; where either party had a former husband or wife living at the time of the marriage and the former marriage had not been legally dis- solved; fraud, force or coercion in procuring the marriage; the insanity of either party under certain circumstances ; when either party to the marriage was a minor at the time, unless the mar- riage be confirmed by the wife when she reaches the age of six- teen and by the husband when he reaches the age of eighteen. The marriage will be held to be confirmed when the parties con- tinue to voluntarily cohabit as husband and wife after reaching the age when they may legally confirm or repudiate at. Upon the trial of a suit for an absolute divorce or for the annulment of a marriage, the decree entered is only preliminary and does not become effective so as to enable either party to marry, but after one year, if no good cause is shown why it should not do so, the court will enter a decree absolutely divorc- ing the parties or annulling the marriage. No absolute divorce, nor any divorce from bed and board will be granted where the cause of divorce occurred outside of this state, unless such cause is a sufficient cause for divorce in the state or country where it occurred. An actual bona fide residence of two years in this state is required to give the court jurisdiction to grant a valid decree, The court may award alimony to the wife while the suit is pending in court and may require the husband to pay permanent alimony, the expenses of the suit and may also provide for the custody and support of the minor children. 126 The Legal Bights of Women The court may also authorize the wife to resume her maiden name or her name under any former marriage. District of Columbia. There is only one ground for an absolute divorce in the District of Columbia and that is for adultery after the marriage. When a divorce is granted for adultery, the guilty party is prohibited from marrying again. A divorce from bed and board, which does not dissolve the marriage so as to permit either party to marry again may be granted for either drunkenness, cruelty or desertion. A marriage may be declared void by the court, when it is shown that either party had a former husband or wife living at the time of the marriage and that the former marriage re- lation had not at that time been legally terminated; or when, at the time the marriage was contracted, either of the parties was insane, unless there has been subsequent voluntary cohabi- tation as husband and wife, with knowledge of that fact; or when the marriage was procured by fraud, force or coercion ; or when either party was matrimonially incapable at the time of the marriage and has continued so; or when either party had not reached the legal age of consent at the time of the marriage, unless there has been voluntary cohabitation as husband and wife, since reaching the legal age of consent; but a marriage can be annulled on this ground only by the party who was not of legal age of consent at the time of the marriage. A bona fide residence of three years next before the time of commencing suit is required. The court has the power to grant to a woman to whom a di- vorce is granted, the right to resume her maiden name and the separate property of the wife may also be secured to her by the decree. The husband may be required to pay alimony to, and attorney fees for the wife during the pending of the suit, and the court may by its decree secure to the wife her dower rights and also permanent alimony. The Legal Rights of Women 127 Florida. A decree from the bonds of marriage may be granted where the parties are within the degrees of relationship prohibited by law; where either party is naturally impotent; where either has committed adultery; where either party had a former husband or wife living at the time of the marriage (in which case the children are illegitimate) ; for extreme cruelty; habitual indulgence of violent and ungovernable temper ; habit- ual intemperance ; for wilful, obstinate, and continued desertion for one year ; when the defendant has obtained a divorce in any other state or country ; when either party had a husband living at the time of the marriage. The complaining party must have resided in the state two years before commencing proceedings except where the cause of divorce is adultery, when actual residence is sufficient. Georgia. In this state divorce cases are tried before a jury and two successive verdicts in favor of the complainant at sep- arate terms of court, are necessary. The causes of divorce are : intermarriage by persons within the prohibited degrees of con- sanguinity and affinity; mental or physical incapaci,ty at the time of the marriage; force, menace, duress or fraud in obtain- ing the marriage ; pregnancy of the wife at the time of the mar- riage unknown to the husband ; adultery ; wilful and continued desertion for three years; conviction for an offence involving moral turpitide under which there is a sentence to imprison- ment in the penitentiary for a period of two years or longer. The jury may also in its discretion grant a divorce for cruel treatment and for habitual drunkenness. Limited divorces may be granted as well as absolute divorces. The complaining party must have resided in the state one year before the commencement of the action. Temporary alimony may be allowed the wife while the suit is pending and permanent alimony may be allowed by the final order or decree. Idaho. Divorces may be granted for adultery, extreme 128 The Legal Mights of Women cruelty, wilful desertion, wilful neglect, habitual intemperance, conviction of felony. Divorces may also be granted for incurable and permanent insanity when the insane person has been actually confined in a public asylum for the insane for a period of .at least six years and the party applying for the divorce has been a resident of the state one year next before bringing suit. A marriage may be annulled for the following causes : Where the marriage was contracted by a person who had not reached the legal age of consent and it was not contracted with the consent of the parents or of the person having him or her in charge, unless after reaching the age of consent, such party freely lives and cohabits with the other as husband and wife for a period sufficiently long as to amount to a free ratification of the marriage; or where either party had a hus- band or wife living at the time of the marriage and such mar- riage had not been, at that time, legally and absolutely dis- solved ; or, where either party was, at the time of the marriage, of unsound mind, unless such party, after being restored to soundness of mind, freely cohabits with the other as husband and wife; or, where the consent of the complaining party was obtained by force or fraud, unless such party has, since, with full knowledge of the fraud and of the facts constituting the fraud, freely and voluntarily cohabited with the other as hus- band and wife ; or, if either party was at the' time of the mar- riage, impotent or physically incapable of entering into the marriage state and such impotency or incapacity has continued to the time of filing the suit and appears to be incurable. A bona fide residence of six months in the state, next pre- ceding the filing of the suit is required. Neither party can marry until after six months from the time of entering the final decree. Illinois. Divorces may be granted for continued impotency existing at the time of the marriage ; where either party had a The Legal Bights of Women 129 lawful husband or wife living at the time of the marriage ; adul- tery; wilful desertion for two years; habitual drunkenness for two years ; an attempt upon the life of the complaining party ; extreme and repeated cruelty; conviction of felony or other infamous crimes. The complaining party must have resided in the state one year next before filing the bill for divorce unless the cause for divorce occurred within the state or while both parties resided in the state. The court may allow both temporary and perma- nent alimony; make orders in relation to the custody and sup- port of children and change or modify the decree as regards alimony and custody of children when conditions demand such change. The law prohibits both parties to a decree of divorce from marrying again within one year after the granting of the di- vorce and the entry of the decree; and where the divorce is granted on the ground of adultery, the guilty party is prohib- ited from marrying within two years. There is a penalty of im- prisonment of one to three years in the penitentiary, for the vio- lation of this law, and a marriage contracted in this state within the prohibited time is void. The courts will also punish for contempt, any person who goes into another state and there contracts a marriage within the prohibited time and will pro- hibit the parties from living together in this state. Indiana. The causes for divorce in this state are, adultery, except where the offence was committed with the connivance or consent of the party seeking the divorce, or where the offence has been condoned by voluntary cohabitation with knowledge of the offence having been committed or where the injured party has failed to file a petition for divorce within two years after the discovery of the offence, or where the party seeking the divorce has been guilty of adultery under such circumstances as would entitle the opposite party, if innocent, to a divorce; impotency existing at the time of the marriage; abandonment for two 130 The Legal Bights of Women years ; cruelty ; habitual drunkenness ; the failure of the husband to make reasonable provision for the support of his family, for a period of two years; conviction of a crime punishable by im- prisonment in the penitentiary, and marriage between persons whose relationship is nearer than second cousins. A divorce from bed and board, which is not however an ab- solute divorce which will enable either party to marry again, may be granted for the following causes: Adultery, desertion, cruelty, constant strife, drunkenness, wilful neglect of conjugal duties for six months. The party seeking to procure a divorce must prove by two witnesses, who are residents and also the owners of real estate, that he or she has been a bona fide resident of this state for two years and of the county where the suit is commenced for six months immediately prior to the filing of the suit. The court may grant a divorce by default, that is where the defendant does not appear to defend the suit, but the law pro- vides that the defendant may come in within two years and have the case opened and tried again. Therefore the party to whom a divorce is granted upon default, cannot legally marry again until after two years from the entering of the decree. The court may make orders while the suit is pending, in re- lation to the custody of the minor children and the care of their property. The court may award alimony to the wife to whom a divorce is granted, payable in one sum or in installments, when such payment is properly secured. The husband may also be compelled to pay the expenses of the wife in procuring a divorce and also in defending a suit for divorce brought against her by him if a divorce in his favor is refused. Iowa. A divorce from the husband may be decreed to the wife when her husband has committed adultery subsequent to the marriage; when he wilfully deserts his wife and absents The Legal Rights of Women 131 himself for the space of two years ; when, after marriage he be- comes addicted to habitual drunkenness; when he is guilty of such inhuman treatment as to endanger the life of his wife; when he is convicted of a felony after his marriage. The hus- band may obtain a divorce from his wife for like causes , and also when the wife at the time of the marriage was pregnant by another than her husband, unless such husband shall have an illegitimate child then living which was unknown to the wife dt the time of their marriage. Except where the defendant is a resident of the state, and served by personal service, the peti- tion must show that the plaintiff has been for the last year a resident of the state and that such residence was not acquired for the purpose of obtaining a divorce. No divorce will be granted on the testimony of the plaintiff alone and the ease must be tried in open court. The court may order either party to pay to the clerk of the court a sum of money for the separate support of the adverse party and the children, and to enable such party to prosecute or defend the action. Marriages may be annulled where the marriage between the parties is prohib- ited by law, where either party was impotent at the time of mar- riage, where either had a husband or wife living at the time of the marriage, provided that parties have not cohabited together subsequent to the death or legal divorce of the former husband or wife ; where either party was insane or idiotic at the time of the marriage. Neither party to the divorce can marry again (unless they marry each other) within one year from the filing the decree, unless permission to do so is expressly granted by the decree of divorce. Kansas. Divorces may be granted where either of the par- ties had a wife or husband living at the time of the marriage ; for adultery; impotency; abandonment for one year; extreme cruelty ; where the marriage was procured by fraud ; for h.ibit- ual drunkenness; gross neglect of duty; the conviction of a 132 The Legal Bights of Women felony and imprisonment in the penitentiary therefor subsequent to the marriage. A residence of one year is required. The court may award alimony during the pendency of the suit and permanent alimony by the final decree ; provide for the custody of the children and make a proper division of the property of the divorced parties. The divorce is not effective until six months after the entry of the decree, and the parties are prohibited from remarrying within that period. Kentucky. In this state divorces are either absolute or from bed and board. If absolute, either party may marry again, and courtesy and dower are barred. A divorce will not be granted for any cause arising out of this state unless the com- plaining party resided in this state at the time, or the act com- plained of was a cause for divorce in the state where it occurred. First — To both parties. Such impotency or malformation as prevents co-habitation. Second — ^Living apart without any co-habitation for five consecutive years next before the appli- cation for divorce. A divorce may be granted to the party not in fault for the following causes: Abandonment by one party of the other for one year ; living in adultery with another man or woman ; con- demnation for felony in or out of the state; concealment from the other party of any loathsome disease existing at the time of marriage or contracting such afterwards; force, duress of fraud in obtaining the marriage ; uniting with any religious so- ciety whose creed and rules require a renunciation of the mar- riage covenant, or forbid husband and wife from co-habitating. A divorce may be granted to the wife when not in like fault, for the following causes : confirmed habit of drunkenness on the part of the husband of not less than one year 's duration accom- panied with a wasting of his estate and without any suitable provision for the maintenance of his wife and children ; habitu- ally behaving toward her by the husband for not less than six The Legal Bights of Women 133 months, in such cruel and inhuman manner as to indicate a settled aversion to her, or to destroy permanently her peace or happiness ; such cruel beating or injury or attempt at injury of the wife by the husband as indicates outrageous temper in him, or probable danger to her life or great bodily injury from her remaining with him. Also to the husband for the following causes: Where the wife is pregnant by another man without the husband's knowl- edge at the time of the marriage; when not in like fault, habit- ual drunkenness on the part of the wife of not less than one year's duration; adultery by the wife or such lewd, lascivious behavior on her part as proves her to be unchaste, without ac- tual proof of an act of adultery. A decree of divorce will not be entered by default. Two wit- nesses, or one witness, and strong corroborating circumstances are necessary to sustain the charges of adultery or lewdness, and one witness is sufficient when the divorce is sought on other grounds. The credibility or good character of the witnesses must be certified or proved. The county attorney is required to defend. The action must be brought in the county of the safe's residence if she resides in the state, otherwise in the county of the husband's residence. The action must be brought within five years after the cause for divorce arose and the plain- tiff must have been a continuous resident of this state for a year next before its institution. Louisiana. In this state separation from bed and board may be decreed for : adultery ; condemnation for an infamous crime; habitual intemperance; excesses, cruel treatment or out- rages, if such conduct is of such a nature as to render living to- gether insupportable; public defamation; abandonment; at- tempt on the life of the other: whan one of the married persons have been charged with an infamous offense, and has ac- tually fled from justice, and the other produces proof to the judge before whom the action for separation is brought that the 134 The Legal Bights of Women person accused has actually been guilty of such ofifence and has fled from justice. An absolute divorce may be granted for the several causes above enumerated but, except eases where the ground for divorce is adultery or the conviction of an infamous crime, no divorce can be granted unless a separation from bed and board has been rendered between the parties, and one year has elapsed since the rendition of such judgment and no re- conciliation has taken place. Separation fromi bed and board, and divorce, each carries with it separation of the goods and effects of the parties, each taking his or her separate property and his or her share of the community property after paying the community debts. The party against whom the separation has been pronounced loses all the advantages or donations the other party may have con- ferred by the marriage contract or since, and the party at whose instance the judgment has been obtained preserves all those to which such party would have been entitled; and this takes place even if such donations were reciprocally made. In all cases of separation the children are placed under the care of the party who has obtained the separation, unless the judge for the greater advantage of the children and with the advice of a family meeting, orders that some or all of them be placed with the other party. In all cases of divorce the children are placed with the party who has obtained the divorce. If the custody of the children is claimed by both husband and wife, while the suit is still pending and undecided, it will be granted to the wife, whether she be plaintiff or defendant, unless there should be strong reason to deprive her of it, either in whole or in part, the decision whereof is left to the discretion of the judge. If the wife who has obtained the divorce has not sufficient means for her maintenance, the court may, in its discretion, allow her out of her husband's property, alimony not exceeding one-third of his income, which is revocable when it becomes unnecessary, or when she contracts a second marriage. The Legal Bights of Women 135 Maine. In this state, marriages within the prohibited de- grees of kinship are void. Insane persons or idiots are incapable of contracting marriage. Marriages contracted while either of the parties has a former wife or husband living and not di- vorced are void. A divorce may be decreed in the county where either party resides at the commencement of proceedings, for adultery, impotency, extreme cruelty, utter desertion continued three consecutive years next prior to the commencement of the suit for divorce, gross and confirmed habits of intoxication, cruel and abusive treatment, insanity, when the defendant has been confined in a state insane asylum for fifteen consecutive years, or at the suit of the wife where the husband being of sufficient ability or being able to labor and provide for her, grossly or wantonly and cruelly refuses or neglects to provide a suit- able maintenance for her; provided the parties were married in this state, or co-habited here after the marriage, or if either the complainant or defendant resides here when the cause of divorce accrued, or had resided here in good faith for one year prior to the commencement of proceedings. "When both parties have been guilty of adultery, or there is collusion between them to procure a divorce, it will not be granted. Either party may be a witness. Pending the hearing of the case, the court may order the husband to pay to the clerk of the court for the use of the wife, sufficient money for the defense or prosecution there- of, and to make reasonable provision for her separate support; the court may also enter such decree for the care and custody of the minor children as it thinks right; may change the name of the wife at her request, and enforce obedience to its orders by appropriate processes. There is no restriction on the right of the parties to remarry immediately after the granting of the divorce. There may be a new trial within three years when the parties have not co-habited, nor contracted a new marriage since the former trial. When parties leave this state to obtain a di- vorce for causes which occurred here while the parties lived in this state, or for a cause which is not a cause for divorce in this 136 The Legal Bights of Women state, such divorce will be void in this state; but in all other cases a divorce decreed out of the state according to the law of the place where granted, by a court of competent jurisdiction, wiU be valid in this state. When the validity of the marriage is doubted, either party may file a suit for a divorce though if the marriage is in fact void no such application is necessary. A husband and father living apart from his family, of sufficient ability to provide for them, who wilfully refuses to so provide, may, on petition of the wife or children, after notice and hear- ing, be ordered by the Supreme Court to contribute to the sup- port of his wife, if the separation was without her fault, and to the support of the children. Maryland. The causes for absolute divorce in this State are, impotency of either party at the time of marriage; any cause which would render the marriage void at the time it was entered into; adultery; continuous and uninterrupted abandon- ment for three years where the court is satisfied that the aban- donment is deliberate and final and that there is no reasonable hope of reconciliation ; where the wife has, unknown to her hus- band, prior to the marriage, had illicit intercourse with another man and it is proved to the satisfaction of the court. Limited divorces, or divorces from bed and board may be decreed for cruelty; extremely vicious conduct; abandonment and desertion. The court may revoke a decree of divorce upon the petition of the parties, and may award to the wife such property as she had at the time of the marriage or its value and may also de- termine who shall have the custody of the children and support them and may annul or modify the order in relation to the chil- dren. When the cause of divorce arose in another state, the com- plaining party must have resided in Maryland two years next preceding the beginning of suit. The grounds for divorce must be proved to the satisfaction of the court. The court may award The Legal Bights of Women 137 alimony while the suit is pending and also by the final decree, and alimony may also be recovered in an independent pro- ceeding. Massachusetts. An absolute divorce from the bonds of matrimony may be decreed upon the following grounds : Adul- tery, impotency, extreme cruelty, utter desertion for three years ; gross and confirmed habits of intoxication, or gross and con- firmed drunkenness caused by the voluntary and excessive; use of opium or other drugs, and where the husband wantonly and cruelly refuses or neglects to provide suitable maintenance ; also when either party has been sentenced to confinement at hard labor for life or five years or more in the state prison or in a jail or house of correction. The parties must either have lived together as husband and wife in Massachusetts and one of them be living in this state at the time when the cause oc- curred, or the complainant must have so resided for five years next preceding the filing of the biU, or for three years, if they were inhabitants of Massachusetts at the time of their marriage. In the last two cases, even if the cause occurred in another state or country, the complaint may be sustained, unless it appears that the complainant moved into Massachusetts for the purpose cf obtaining a divorce. A decree for divorce does not become absolute until six months after it was granted. After a divorce from the bonds of matrimony becomes abso- lute, either party may marry again except that the guilty party shall not marry within two years from the final decree. The court may require the husband to pay into court for the wife's use such money as may enable her to maintain or defend the suit, and also alimony. The court may make such orders concerning the care and custody of minor children as shall be deemed expedient and for their benefit and may also allow the wife on her decree to resume her maiden, or any former hus- band's name. 138 The Legal Bights of Women Michigan. A divorce from the bonds of matrimony may be decreed for adultery, physical incompetency at the time of mar- riage, sentence to imprisonment for three years or more, deser- tion for two years, habitual drunkenness, and, in the discretion of the court, where a divorce has been obtained by either party in another state. A divorce, either from the bond of matrimony or from bed and board, may, in the discretion of the Court, be decreed for extreme cruelty, desertion for two years, or refusal on the part of the husband to maintain his wife. But no abso- lute divorce can be granted for either of the last named causes, unless it is specifically asked for by the complainant in the bill filed in the suit, or by the defendant by cross bill. Otherwise the decree will be a divorce from bed and board only. All mar- riages prohibited on account of relationship between the parties, or on account of either of them having a former wife or husband living, and all marriages solemnized when either of the parties was insane or an idiot, are absolutely void. Whenever the nullity of a marriage is decreed, or an absolute divorce for any cause but the adultery of the wife is granted, and whenever a husband is sentenced to imprisonment for life, and also upon every divorce from bed and board the wife takes lier real estate as upon the death of her husband. And upon any such divorce the Court may restore to the wife the personal property which came to the husband by the marriage, or award to her its value in money. The causes for the divorce on which the application is founded need not have taken place in this state. Either party may testify in his or her own behalf, but their testimony must be taken in open court, and cannot be received in support of or in defence of a charge of adultery. No divorce can be granted unless the applicant has resided in this state one year immediately preceding the filing of the bill, or unless the mar- riage was solemnized in this state, and the complainant has re- sided in the state from the time of such marriage to the time of filing the bill. When the cause for divorce occurred out of the state, no divorce can be granted unless the complainant or The Legal Rights of Women 139 defendant shall have resided in the state two years next pre- ceding the filing of the bill. When the defendant in any suit for divorce is not domiciled in this state at the time of com- mencing the suit, or shall not have been domiciled therein at the time the cause for divorce arose, before any divorce can be granted, the complainant must prove that the parties have actually lived and cohabited together as husband and wife with- in this state, or that the complainant has in good faith resided in this state for two years immediately preceding the filing of the bill for divorce. The court granting a divorce has the power to decree that the party against whom the decree of divorce is granted shall not again marry within such time, not exceeding two years as may be fixed by the decree, and any person who marries in vio- lation of such provision will be deemed to be guilty of bigamy and punishable accordingly. The court may permit the wife to whom a decree of divorce is granted, to resume her maiden name or the name she legally bore prior to her marriage to the husband from whom she is securing the divorce, unless there is a minor child or children, born of the marriage which is dissolved by such decree of di- vorce. No proofs or testimony can be taken, in any cause, until two months after the filing of the bill, except where the cause for divorce is desertion or where the testimony is taken condition- ally for the purpose of perpetuating it. Where there are chil- dren under fourteen years of age, a copy of the subpoena must be served upon the prosecuting attorney of the county who must enter his appearance in the cause, and if he thinks the inter- ests of such children or the public good requires it, he must op- pose the divorce. If parties under the age of consent marry and separate and do not again co-habit, or if the marriage was procured by fraud or if either of the parties had a former husband or wife living, the marriage will be declared void. 14:0 The Legal Bights of Women The court has the power to award temporary alimony to the wife pending the hearing of the case and to make an allowance to enable her to prosecute or defend the suit, and may award permanent alimony in the final decree and also award the cus- tody of the children to either party as circumstances may re- quire. In Michigan all real estate which is conveyed to a man and his wife becomes joint property and upon the death of either, such property goes to the survivor. This is called a joint tenancy. The law provides that where husband and wife are divorced, they become tenants in common of all property which was prior to the divorce, held by them as joint tenants, which means that each will then own an undivided one-half interest in such prop- erty and in the event of the death of either, the survivor will take only an undivided one-half interest in, instead of the whole of such property. If the bill for divorce, or the cross bill, if any, so requests, the court may, if the divorce is granted, award such property to the husband or wife, or any part thereof to either of them, or may order that the property be sold and the proceeds thereof divided between the parties in such proportions as the court may direct. The law also makes it the duty of the court to include in the decree for divorce, a provision for the wife in lieu of her dower right in the property of her husband ; and this provision is in full satisfaction of and releases all claims to dower which the wife may have in any property which the husband owns or may thereafter own, or in which he may have any interest. Minnesota. The grounds for absolute divorce in this state are adultery, impotency at the time of the marriage, cruel and inhuman treatment, imprisonment in the state prison, wilful desertion for one year next before filing the complaint and habi- tual drunkenness for one year. The Legal Bights of Women 141 A limited divorce, that is a divorce from bed and board, may be granted to the wife where both parties are inhabitants of this state, or where the marriage was solemnized, and the wife resides in this state, or where both parties have been resi- dents of this state for one year and the wife still resides here; for cruel and inhmaan treatment or for such conduct upon the part of the husband as renders it unsafe or improper for her to co-habit with him, or for abandonment and refusal or neglect to provide for her. Both parties are prohibited from marrying within six months after the divorce is granted. A residence of one year next preceding the filing of the bill for absolute divorce upon the part of the complainant is required. The court may award temporary alimony during the pen- dency of the suit and may award permanent alimony. Marriages between persons who are related nearer than first cousins are prohibited. Mississippi. An absolute divorce may be granted where the parties are within the degrees or relationship prohibited by law; where either party is naturally impotent; where either party shall be guilty of adultery; where either shall be impris- oned in the penitentiary; for wilful, obstinate and continued desertion for two years; for habitual drunkenness, habitually cruel and inhuman treatment marked by personal violence; for insanity or idiocy at the time of the marriage if the fact was not known to the other party ; where either party had a husband or wife at the time of the marriage; where the wife, at the time of the marriage was pregnant by another person than her husband without his knowledge; habitual and excessive use of morphine, opium or a similar drug. A bona fide residence within the state of at least one year next preceding the commencement of suit is required and the complainant is required to show by affidavit that there is no 142 The Legal Bights of Women collusion between the parties and that a residence within the state was not acquired for the purpose of obtaining a divorce. Missouri. In this state divorces from bed and board are unknown. All divorces are absolute and there is no restriction upon the guilty party remarrying. The grounds for divorce are impotency, adultery, bigamy, desertion for one year without reasonable cause; conviction of a felony or infamous crime ; habitual drunkenness for one year ; cruel or barbarous treatment such as to endanger life; such indignities as shall render the condition of the complaining party intolerable; conduct of the husband amounting to va- grancy; conviction of a felony or infamous crime prior to the marriage without the knowledge of the other party at the time of the marriage; pregnancy of the wife at the time of the mar- riage without the husband's knowledge. The law requires a residence of one year upon the part of the complainant, next prior to the filing of the petition for divorce, unless the offense complained of was committed within this state, or while one or both of the parties was a resident of this state. The court may allow the wife alimony during the pendency of the suit and may provide in the decree for permanent ali- mony either in a sum in gross or by annual payments. Montana. An absolute divorce may be granted where either party had a husband or wife living at the time of the marriage ; where either party was at the time of the marriage and con- tinues to be impotent; for adultery; wilful absence for the period of one year; wilful desertion and departure from the state by the husband without intending to return; habitual drunkenness for one year ; extreme cruelty ; conviction of felony. The complainant must have been a resident of the state one year immediately prior to the commencement of the suit. The Legal Rights of Women 143 The court may award the wife a sufficient sum to ej table her tc prosecute the suit and may give her suitable alimony. Nebraska. An absolute divorce may be granted for the fol- io Aing causes: adultery; physical incompetency at the time of marriage; imprisonment for three or more years; wilful aban- donment for two years; extreme cruelty by personal violence or otherwise ; habitual drunkenness ; and upon complaint of the wife, where the husband, being of sufficient ability to provide suitable maintenance for her, has grossly, wantonly and cruelly refused to do so. A marriage may be annulled in cases where it appears that either of the parties were under the age of legal consent and have not eo-habited since, or where the consent of one of the parties was procured by fraud or force and there has been no subsequent voluntary co-habitation. A bona fide residence of two years in this state is required, when the cause for divorce occurred outside of this state. "Where the cause for divorce occurred in this state, a residence of one year is sufficient; but if the cause for divorce occurred in this state and the marriage took place here and the complaining party has resided in this state continuously from the marriage to the time of filing the suit, such residence will be sufficient though less than one year. A decree of divorce does not become absolute until six months after the trial and the decision of the court. If there is an appeal, the decree does not become absolute until the appeal proceedings are terminated. The court may at any time within six months, vacate or modify the decree. Therefore parties should be very careful to see that the decree of divorce has become absolute and that it cannot be set aside or vacated, before contracting another marriage. Nevada. An absolute divorce may be granted for either of the following causes: adultery; impotency at the time of the 144 The Legal Bights of Women marriage; wilful desertion for one year; conviction of felony; habitual drunkenness contracted after marriage; extreme cruel- ty; neglect of the husband to provide the necessities of life for a period of one year. A residence of sis months in the county where the suit is brought is required, unless the cause of action arose in the county where the suit is commenced. By a recent amendment to the divorce laws of Nevada, it is provided that after January 1, 1914, an applicant for a divorce must have been a resident of this state for one year immediately preceding the filing of the bill for divorce. The husband may be required by order of court, to pay such sums of money as may be necessary to enable the wife to prosecute or defend the suit for divorce. The court may also provide for the custody of the minor children and may make such disposition of the property of the parties -as the law provides, under the circumstances of the case. The final decree may also authorize a change of name upon the part of the wife. New Hampshire. Absolute divorces only are granted in this state. The grounds for divorce are impotency; adultery; extreme cruelty; imprisonment in the penitentiary for one year or more upon conviction of a crime punishable by imprison- ment for one year or more; such treatment as to seriously in- jure the health or endanger the reason of either party; habi- tual drunkenness for three years; joining a religious society that believes the marriage relation unlawful and refusal to co-habit for six months; abandonment for three years without cause. The parties must be actual inhabitants of the state where the action is commenced, or the complainant must be an actual resident and the defendant served with process within the state, or one of the parties must have resided within the state at least one year immediately preceding the commencement of the suit. The Legal Bights of Women 145 New Jersey. The marriage relation may be dissolved either by a decree annulling a marriage for causes which existed at the time of the marriage ; or by a decree of divorce for causes which have occurred since the marriage. A divorce from bed and board, which however does not dis- solve the marriage and does not enable either party to marry again, may also be granted for the causes hereinafter stated. A decree annulling a marriage may be granted for the fol- lowing causes: where either party had a husband or wife liv- ing at the time of the marriage from whom he or she had not at that time been legally divorced ; where the parties to the mar- riage are within the prohibited degree of relationship, which prohibition extends to marriages between ancestors and their descendants and to all blood relations as near as uncle and niece. But the courts will not permit the validity of such a marriage to be questioned after the death of either party thereto; also where either party was incurably impotent at the time of the marriage and the other was ignorant of that fact and has not since the marriage voluntarily ratified the marriage with knowl- edge thereof; or where either of the parties was incapable at the time of the marriage of legally consenting thereto and the marriage has not been voluntarily confirmed since the disa- bility was removed. It is provided, however, that where the party applying for a decree of nullity upon this ground was capable of consenting at the time, he or she must show ignor- ance of the other's disability and that he or she has not con- firmed the marriage since the other became capable of legally consenting thereto ; a wife under the age of sixteen or a husband under the age of eighteen at the time of the marriage may have a decree of nullity unless he or she has confirmed the marriage after reaching such age. An absolute divorce may be granted for the following causes : adultery; wilful desertion for a period of at least two years next preceding the commencement of the suit for divorce. 148 The Legal Bights of Women A divorce from bed and board may be granted for the same causes and also for extreme cruelty. A marriage will be deemed to have been confirmed where the party who was under disability at the time of the marriage, has, since such disability was removed, voluntarily co-habited with the other as husband and wife; or has, with full knowl- edge of such disability and since its removal, by his or her conduct, acts or declarations, clearly indicated a confirmation of such marriage. The provisions of the law regarding the residence required in this state are somewhat complicated and are as follows : If the ground for divorce is adultery, the suit may be com- menced if at the time the cause for divorce occurred, either party was a bona fide resident of this state; but if the divorce is sought upon any other ground, one of the parties must have been a bona fide resident of this state for the two years imme- diately preceding the filing of the suit. If the cause for divorce occurred outside of this state, either party, if a bona fide resident of this state for two years, may maintain an action for divorce, if the cause for divorce alleged was a cause for divorce in the state or country in which it oc- curred. A decree of divorce does not become absolute, or effective so as to permit either party to marry until the expiration of six months after the date of its entry and not then if an appeal has been taken. A decree of divorce will be refused if it appears that there is collusion between the parties, or that the act alleged as cause for divorce has been condoned (forgiven), or that both parties have been guilty of adultery which has not been condoned. The court may permit the wife to resume her maiden name or the name of a former husband. The court may make orders requiring the husband to pay alimony to the wife while the suit is pending in court and pro- vide for the care and custody of the minor children and may The Legal Bights of Women 147 in the final decree, award permanent alimony and the custody of the minor children and for their support. A decree of divorce obtained by a resident of this state who has gone into another state or territory for the purpose of ob- taining a divorce for a cause of divorce which occurred in this state, or who procures a divorce for a cause which is not a ground for divorce in this state, will have no validity in New Jersey. The guilty party to a decree of divorce forfeits all right in the property of the other. In granting a divorce from bed and board, the court may deprive the guilty party of all right or interest he or she would otherwise have had in the property of the other. New Mexico. An absolute divorce may be granted for the following causes: adultery, extreme cruelty, abandonment, ha- bitual drunkenness, im'poteney at the time of the marriage and continuing to the time of commencing suit, conviction of a fel- ony and imprisonment in the penitentiary ; the pregnancy of the wife at the time of the marriage by a man other than her hus- band without his knowledge of the fact, and for failure upon the part of the husband, to support his wife, he being of sufficient ability to do so. A bona fide residence of at least one year, next prior to filing the suit for divorce is required and the court will, upon the trial, require strict proof of such residence. New Yoek. In this state an absolute divorce will be granted for one cause only, adultery, and only when both parties were residents of this state when the offence was committed or where the parties were married in this state, or where the plaintiff was a resident of this state when the offence was committed, or where the offence was committed within this state, and the in- jured party was a resident of this state when the action was commenced. 148 The Legal Bights of Women The guilty party cannot remarry in this state during the life of the other party unless the court shall modify the decree, which may be done after five years upon proof that the other party has remarried and that the conduct of the defendant has been uniformly good since granting the divorce. Without such a modification a remarriage within this state is bigamous, but a marriage occurring in another state though both the parties are residents of this state, if valid in the place where it occurred will be recognized as valid here for all purposes. A legal separation allowing the parties to live separately and compelling the husband to support his wife and children will be granted for cruel and inhuman treatment ; such conduct upon the part of the defendant toward the plaintiff as renders it unsafe and improper for the complaining party to co-habit with the defendant; the abandonment of the plaintiff by the defendant; or, where the wife is the plaintiff, the neglect or refusal of the defendant to provide for her. Such separation will be granted where both parties are resi- dents of this state when the action is commenced or where the parties were married within this state and the plaintiff is a resident thereof when the action for separation is commenced or where the parties, having been married in another state, have become residents of this state and have continued to re- side therein at least one year, and the plaintiff is a resident when the action for separation is commenced. A marriage may be annulled when the plaintiff is under the age of eighteen years at the time of the marriage and has not co-habited since attaining that age; where a former lawful husband or wife of one of the parties was living at the time of the marriage ; where one of the parties was an idiot or luna- tic; where the consent of one of the parties was obtained by force, fraud or duress and the complaining party has not co- habited since the discovery of such fraud; where one of the parties was impotent and the incapacity is continuous and in- curable. The Legal Bights of Women 149 The court will not grant a divorce where it appears that the party applying therefor has also been guilty of adultery under such circumstances as would entitle the other party to a divorce for that cause if innocent, or where it is shown that the act has been condoned (forgiven). An absolute divorce will deprive the guilty party of all rights in the property of the other. The wife, if she is the in- nocent party, will retain her right of dower in all the real estate owned by her husband at the time of the divorce or at any time during the marriage in which she has not released her dower. If the husband is the innocent party he will retain all his rights in all the real and personal property in which the wife was the owner at the time the divorce was granted. Where a decree for either an absolute divorce or for a sep- aration (from bed and board), is granted, the court will make such orders as may be proper for the custody, support and edu- cation of the minor children and if the divorce or separation is granted to the wife, the court may award her suitable alimony. A resident of this state who goes into another state for the sole purpose of obtaining a divorce which could not be pro- cured in this state, does so at the risk of having the courts of this state refuse to recognize the validity of the divorce so pro- cured. The courts will, however, recognize the validity of a divorce granted in another state, even though for causes which are not grounds for a divorce in this state, where it appears that the residence of the party securing the divorce in the state where it was procured was bona fide and the court which granted the decree had actual jurisdiction of the parties. NoBTH Carolina. An absolute divorce will be granted where either party has separated from the other and is living in adul- tery; for adultery of the wife; if either party at the time of the marriage was and continues to be naturally impotent; if at the time of the marriage the wife was pregnant without the knowledge or procurement of the husband; when the husband 150 The Legal Bights of Women and wife have lived separate and apart, within this state, for ten consecutive years and there are no children. A divorce from bed and board, or limited divorce, may be granted for abandonment or if either shall maliciously turn the other out of doors; for barbarous and cruel treatment en- dangering the life of the other; such indignities to the person of the other as to render his or her condition intolerable and life burdensome; habitual drunkenness. The facts upon which the suit is founded must have been known to the complaining party at least six months prior to filing the complaint except where the wife is complainant and her husband is removing or is about to remove his property from the state, there is a provision whereby she may file a peti- tion for separation pending the expiration of the period of six months, and she must file her petition for divorce within thirty days after the expiration of that period. A residence of two years is required. The court may award alimony to the wife and require the husband to contribute to the expenses of her suit. North Dakota. An absolute divorce will be granted for adultery; extreme cruelty; wilful desertion, wilful neglect or habitual intemperance for one year ; conviction of a felony. A bona fide residence of one year on the part of the com- plaining party next preceding the filing of the complaint is required. A marriage may be annulled by either party for either of the following reasons existing at the time of the marriage, viz; where either had a former husband or wife living from whom there had not been a divorce; where either was of unsound mind; where the marriage was procured by force or fraud; where the complainant was under the age of fifteen years at the time of the marriage and the marriage was not contracted with the consent of the parents or guardian; where either was physically incapable of entering into the marriage relation. A The Legal Bights of Women 151 petition alleging unsoundness of mind or that the party was under the legal age of consent or that the marriage was pro- cured by fraud will be denied if it appears that the com- plaining party has freely co-habited with the other since such disability was removed. Ohio. An absolute divorce will be granted where it appears that either party had a husband or wife living at the time of the marriage ; for adultery ; wilful absence of either party from the other for a period of three years ; impotency ; extreme cruel- ty; where the marriage was procured by fraud; for any gross neglect of duty; habitual drunkenness for three years; im- prisonment of either party in the penitentiary under judicial sentence; where a divorce has been granted in another state leaving one party bound by the marriage contract. A residence of at least one year immediately preceding the filing of the complaint is required. If the divorce is granted for the misconduct of the husband, the wife will have restored to her all her lands and property not previously disposed of. She wiU also, be allowed such rea- sonable alimony as the court may determine and if she survives her husband will have dower in his estate. If her husband sur- vives her, he will barred of dower in her estate. If the divorce is granted for the misconduct of the wife, she will be barred of her dower in her husband's estate, but her own property will be restored to her subject to such ali- mony as the court may award the husband, and if he survives her he will be entitled to dower in all the real estate owned by the wife at any time during the miarriage to which he has not barred his dower. The court may authorize the wife to re- sume her maiden name or the name of any former husband. Oklahoma. An absolute divorce will be granted for the following causes: adultery; where either party had a former husband or wife at the time of the marriage; abandonment for 152 The Legal Bights of Women one year; impotency; pregnancy of the wife at the time of the raarriage by another than her husband; extreme cruelty; where the marriage was procured by fraud; habitual drunkenness; gross neglect of duty ; conviction of felony and imprisonment in the penitentiary therefor subsequent to the marriage. A residence in good faith of one year immediately prior to filing the complaint is required of the party applying for a divorce. The court may allow alimony. Oregon. An absolute divorce may be granted for either of the following causes: impotency existing at the time of the marriage and continuing to the time of commencing the suit; adultery, unless the act has been condoned (forgiven) ; con- viction of a felony; habitual drunkenness contracted since the marriage and continuing for at least one year next prior to the commencement of the suit; wilful desertion for one year; cruel and inhuman treatment or personal indignities which render life burdensome. An actual, bona fide residence of one year before the com- mencement of the suit is required. The innocent party to a decree of divorce is entitled to one- third of all the real estate owned by the other at the time the divorce was granted. The court may also award alimony and make a suitable provision for the custody, support and educa- tion of the minor children. Pennsylvania. The laws of this state relating to divorce are very peculiar. The following is a brief summary thereof: An absolute divorce may be decreed for incapacity which means ability to beget children; a former marriage still sub- sisting; adultery; wilful desertion for two years without rea- sonable cause; where a husband has by cruel treatment en- dangered his wife's life or offered such indignities to her per- son as to render her condition intolerable and life burdensome and thereby force her to withdraw from his house and family ; The Legal Rights of Women 153 incestuous marriages; where the marriage was procured by fraud, force or coercion, and not subsequently confirmed ; where either party has been sentenced to imprisonment for a term exceeding two years on conviction for felony; where the wife has by cruel and barbarous treatment rendered the condi- tion of her husband intolerable, or life burdensome ; when either of the parties has been convicted of forgery or any infamous crime, either within or without this state and sentenced to im- prisonment for any term exceeding two years, provided that where the conviction is outside of this state, the crime must be one which by the laws of this state may be punished by imprison- ment for two years or more. An applicant for divorce must be a citizen, and have re- sided in the state one year prior to filing the libel. The libel must be filed in the county in which the libellant resides. The causes for the divorce on which the application is founded need not have taken place in this state. In suits for divorce for the cause of adultery, the divorce will not be decreed if the libellant has been also guilty, or if, after knowledge of defend- ant's guilt, he or she has condoned it, or if the husband con- nived at the guilt of his wife. Both parties are free to marry again. A woman divorced for adultery cannot devise or con- vey her real estate if she afterwards openly co-habits with her particeps criminis. Divorce will be decreed against an absent defendant upon proof of such publication of notice as required by law. A divorce may be decreed from bed and board on com- plaint of the wife of barbarous treatment by her husband, in which case alimony is allowed to the wife not exceeding the third part of the husband's income. No provision exists for the division of property in case of divorce. Where both parties are domiciled in Pennsylvania and the injured party removes, he or she must seek redress here, if the defendant remains here. A divorce obtained in another state, without personal service in that state on the defendant, is not 154 The Legal Bights of Women valid in Pennsylvania, although notice of the proceeding be actually given to the defendant. The vrife may procure a divorce when she was foi:merly a citizen of this state, and has married a citizen of any other state or of any foreign country, and has been compelled to abandon the habitation and domicile of her husband in such other state or foreign country, by reason of his adultery or his cruel and barbarous treatment, or of such indignities to her person as to render her condition intolerable and her life burdensome, or by reason of wilful or malicious desertion and absence from the habitation of the other without a reasonable cause, and has thereby been forced to return to her former domicile within this state. The applicant must be a citizen of this state, or shall have actually resided therein for the term of one year prior to filing her petition. It is probable that the courts would be compelled to rec- ognize the decree of a court of competent jurisdiction, of a sister state, where such court obtained jurisdiction of the suit by reason of the complainant having acquired a bona fide resi- dence for the period required by the laws of the state where the divorce was granted and the proceedings were regular. Rhode Island. An absolute divorce may be granted for adultery ; wilful desertion for five years, or for a shorter period in the discretion of the court; impoteney; continued drunken- ness; habitual excessive and intemperate use of opium, mor- phine or chloral; neglect or refusal of the husband if of suffi- cient ability to do so, to provide necessary support for his wife. The court may also grant a divorce where the parties have lived apart ten years. If the divorce is granted for the adul- tery or crime of the husband, the wife will have her dower in the estate of her husband if she survives him, unless alimony is granted instead. A residence of at least two years is required upon the part The Legal Bights of Women 155 of the petitioner unless the defendant has resided in this state two years and is served with process. South Cabolina. Divorces are not granted in this state for any cause. South Dakota. The grounds for divorce in this state are adultery ; extreme cruelty ; wilful desertion for one year ; wilful neglect for one year; habitual intemperance for a period of one year; conviction of felony. The complainant must have been a bona fide resident of the state at least one year next prior to the commencement of pro- ceedings. A marriage may be annulled by the Circuit Court for the following causes: where the party complaining was under the age of legal consent at the time of the marriage and the mar- riage was not contracted with the consent of the parents, guar- dian, or person having charge of complainant at the time ; where the marriage has not been recognized by the party complaining after attaining the age of consent; where either party had a husband or wife at the time of the marriage ; where either party was of unsound mind, unless the parties freely co-habited as hus- band and wife after the afflicted party was restored to reason; where the marriage was procured by fraud or force unless the aggrieved party has ratified the marriage after discovery there- of ; where either party, was at the time of the marriage physi- cally incapable of entering into the marriage state. No stated term of residence is required before instituting proceedings for the annulment of a marriage, but the com- plainant must be a resident. Tennessee. An absolute divorce may be granted for the fol- lowing causes: adultery; physical incurable incompetency at the time of the marriage; where either party had a husband or wife at the time of the marriage; habitual drunkenness con- 156 The Legal Bights of Women tracted after the marriage; wilful or malicious desertion or absence without reasonable cause for two years; conviction of a felony or infamous crime, followed by a sentence to the peni- tentiary ; an attempt upon the life of the other by poison or other wise under circumstances that show malice; refusal by the wife for two years to remove to this state with her husband; where the wife was enciente at the time of the marriage without the knowledge of the husband or by his procurement. The court may grant either an absolute divorce or a divorce from bed and board for habitual drunkenness contracted after marriage or where the husband has been guilty of such cruel and inhuman treatment of his wife as to render her condition intolerable, or has neglected or refused to provide for her sup- port. A residence of two years upon the part of the complainant is required before bringing suit. A divorce may be granted in cases where the cause for di- vorce occurred outside of this state, or while the complaining party was not a resident of this state, if the party applying therefor shall be a bona fide resident of this state and has been such for two years next before the commencement of the suit. The court may by the terms of the decree, award alimony to the wife, where she is entitled thereto, and may provide for the custody and support of the minor children. Texas. An absolute divorce may be granted for the fol- lowing causes: natural and incurable impotency existing at the time of the marriage; or any other inpediment which ren- ders the marriage contract void; excesses, cruel treatment or outrages upon the part of either toward the other rendering their living together insupportable; where the wife is taken in adultery, or shall have voluntarily abandoned her husband for a period of three years ; where the husband has abandoned his wife for a period of three years, or where he has abandoned her and lived in adultery with another woman; conviction of The Legal Bights of Women 157 either party after marriage of a felony and imprisonment in the penitentiary when the conviction was not upon the testi- mony of the other. Suit cannot be brought for a divorce for this cause until one year after conviction. Either party may remarry. A bona fide residence of one year in the state and six months in the county where suit is brought is required. The court has power to settle property rights between the parties and to pro- vide for the custody and support of minor children. Utah. An absolute divorce may be granted for adultery; impoteney existing at the time of the marriage; desertion for one or more years; neglect of the husband to provide his wife with the common necessities of life; habitual drunkenness; extreme cruelty; conviction of felony. A residence of one year in the state and county is required. The court may award temporary alimony while the suit is pending in court and the final decree of divorce may award per- manent alimony to the wife, settle the rights of property be- tween the parties and provide for the custody and support of the minor children. The decree of divorce does not become absolute until six months after it is entered and neither party can marry until six months after the decree becomes absolute, or one year after the filing of the original decree. Vermont. The court may decree either an absolute divorce or a divorce from bed and board for either of the following causes : adultery ; confinement in the state prison for life or for three or more years; intolerable severity; wilful desertion for three years; refusal of the husband, he being of sufficient abil- ity, to provide for his wife. The guilty party is prohibited from remarrying any person other than his divorced wife until after the expiration of three years from the granting of the divorce, unless the party securing the divorce shall die within 158 The Legal Bights of Women that time. Violation of this provision is punishable by im- prisonment from one to three years. A divorce may be granted for adultery, or for intolerable cruelty, or wilful desertion for three years, notwithstanding the fact that the cause for divorce occurred while the parties were living in another state, if the party applying for the di- vorce shall have lived in this state two years after the first accruing of the cause for divorce complained of and for one year next before bringing suit, in the county where the suit is commenced. The law provides that no divorce can be granted for any cause which occurred in any other state or country, unless the parties had lived together as husband and wife, in this state, before such cause of divorce occurred; also that no divorce can be granted for any cause which occurred in any other state or country, unless one of the parties was at the time living in this state, unless the party commencing the suit for divorce had resided in the state two years prior to commencing such suit. Virginia. An absolute divorce may be granted for adultery ; natural and incurable impotency at the time of the marriage; sentence to confinement in the penitentiary; conviction without the knowledge of the other party of an infamous crime before marriage, or where either party has been charged with and indicted for an offence punishable by death or confinement in the penitentiary and is a fugitive from justice and has been absent two years; abandonment three years; where the wife was enciente at the time of the marriage without the knowledge or procurement of the husband or had been before the marriage without his knowledge, a lewd woman but no divorce will he granted for the two last causes where the husband has co- habited with his wife after knowledge of the facts. The court may award the wife temporary alimony and money with which to prosecute or defend the suit, and may The Legal Eights of Women 159 award permanent alimony and provide for the custody and support of minor children and may prohibit the guilty party from remarrying. A residence of at least one year prior to the commencement of suit is required. A divorce from bed and board may be granted for cruelty, reasonable apprehension of bodily harm, abandonment or de- sertion. "Washington. An absolute divorce may be granted for adul- tery if suit is brought within one year after knowledge thereof ; impoteney; where the consent to the marriage was procured by fraud or force, and there has been no subsequent voluntary cohabitation; abandonment for one year; cruel treatment or personal indignities rendering life burdensome ; habitual drunk- enness; the neglect or refusal of the husband to suitably pro- vide for his family; imprisonment in the penitentiary; any other cause deemed by the court sufficient where the court is satisfied the parties can no longer live together ; incurable mania or dementia continuing for ten years. The court may award suitable alimony, counsel fees and expenses and provide for the future care, custody, and main- tenance of the children. Neither party shall remarry (unless the divorced parties intermarry again) until after six months from the granting of the divorce. A residence of one year immediately before the filing of the complaint is required. "West Virginia. An absolute divorce may be granted for the following causes: adultery; natural or incurable impo- teney existing at the time of the marriage; a sentence to im- prisonment in the penitentiary ; where pre-dous to the marriage there has been, without the knowledge of the other party, a conviction of an infamous crime; wilful desertion for three years; if the wife, without the husband's knowledge, was en- 160 The Legal Bights of Women ciente at the time of the marriage or was prior to the marriage notoriously a prostitute; or if the husband without the knowl- edge of the wife, was prior to the marriage notoriously a licen- tious person, unless the persons have co-habited after knowl- edge of the facts. A divorce from bed and board may be granted for cruel and inhuman treatment; reasonable apprehension of bodily harm; desertion; habitual drunkenness. A residence of one year prior to the commencement of suit is required. Wisconsin. An absolute divorce may be granted for the following causes: adultery; impotency existing at the time of the marriage; sentence to imprisonment for three years or more; wilful desertion for one year next preceding the com- mencement of suit; cruel and inhuman treatment; habitual drunkenness for one year next preceding the suit; voluntary separation for five years next preceding the suit ; failure of the husband, he being of sufficient ability, to support his wife. A divorce from bed and board forever or a limited period, may be granted for desertion, cruelty, intoxication, or failure to support. A marriage may be annulled when either party, for want of age or understanding, was incapable of consenting thereto, or when the consent of either party was obtained by force or fraud and there has been no subsequent voluntary co-habitation of the parties. A bona fide residence of at least two years in this state is required except where the cause of divorce is adultery or big- amy, in which cases a suit for divorce may be maintained where at the time the cause of divorce occurred, either party was a bona fide resident of the state and has continued so to be until the time of commencing the suit. There is in each county of this state an officer called the The Legal Bights of Women 161 "Divorce Counsel" whose duty it is to represent the people of the state in all divorce proceedings. No decree to annul or affirm a marriage or for a divorce where the defendant does not in good faith appear and defend the suit, can be entered, until the divorce counsel shall have appeared in open court and made a fair and impartial presen- tation of the case to the court. The proposed findings and the judgment to be entered, must be submitted to him. If the court is satisfied that a divorce should be granted, an interlocutory decree will be entered, which will determine the rights of the parties, provide for the care and custody of the minor children, award alimony and money to the wife to cover the expenses of the suit and her attorney fees and de- termining and fitxing the status of the parties. But the decree of divorce or annulment does not become effective until after the expiration of one year from the entry of the last modifica- tion or revision thereof, at which time a final judgment will be entered unless an appeal is pending. The marriage of a divorced person within one year from the date of the judgment is prohibited, but the judge who granted the divorce may upon the application of both parties to the divorce, authorize them to marry each other within the year. "Wyoming. An absolute divorce will be granted for the fol- lowing causes: adultery; physical incompetency existing at the time of the marriage and continuing until the time of the divorce; conviction of a felony and imprisonment therefor; wil- ful desertion for one year; habitual drunkenness; extreme cruelty; such indignities as to render the condition of either party intolerable ; vagrancy on the part of the husband ; failure or neglect on the part of the husband for one year to provide for his wife the common necessities of life where such failure is not the result of poverty on the part of the husband which he cannot avoid by ordinary industry; conviction of felony 162 The Legal Bights of Women prior to the marriage unknown to the other at the time of the marriage; where the wife was at the time of the marriage, enciente by another man without the knowledge of her husband. The court has the power to award permanent alimony and may make an allowance for the support of the wife while the suit is pending and to provide for the custody and support of the minor children. A residence of one year immediately preceding the com- mencement of suit is required. Validitt op DrpOECES. The first requisite to the validity of a divorce is that all of the proceedings leading up to the ren- dering of the decree are regular and that all of the statutory provisions in relation thereto have been strictly complied with. The court by which the decree was entered must have had jurisdiction both of the subject matter and of the persons, that is, the court must have obtained jurisdiction of the case by reason of the complainant having resided within the state where the proceedings are commenced the period of time required by the statutes of the state and jurisdiction of the parties by service of process upon the defendant either within or out of the state or the publication of notice as required by law. A divorce granted by a court not having jurisdiction is absolutely void and a subsequent marriage will be void. Perhaps the most important question in all divorce pro- ceedings is whether the complainant has resided in the state the period of time required. The law demands a bona fide residence, that is, the party seeking a divorce must have taken up a residence not simply for the purpose of procuring a di- vorce and then returning to the former domicile or elsewhere, but with the intention of acquiring an actual iona fide resi- dence for all purposes. Many persons not realizing the disastrous effects of such irregular proceedings have taken up a temporary residence in some western state or territory where the term of residence re- The Legal Rights of Women 163 quired is short, and the administration of justice lax, for the sole purpose of obtaining a divorce. In many cases there is no attempt to comply with the law even in form, by taking up an actual residence and remaining even the short period required. Sometimes a room is rented, a few personal effects deposited therein and the party seeking to establish a residence for divorce purposes spends a few days therein at intervals and as soon as the decree is granted takes his permanent de- parture. Such a proceeding will not be sustained by the courts. It is simply an evasion which the law will not tolerate or sanction. A person seeking a divorce should not be led by any consideration whatever to adopt any questionable method or resort to fraud or trickery for the purpose of attaining the end sought. There is in most of the large cities, so called lawyers who advertise for divorce business and profess to have unusual facilities for transacting such business expeditiously and without publicity. Such men should be avoided. A person who has a meritorious case should employ a reputable lawyer who will see that all the proceedings are regular so that the divorce when granted will be absolutely valid beyond any question. Legal Effects of a Divorce. An absolute divorce consti- tutes a complete severance of the marriage tie and exempts all the parties from all the responsibilities and obligations of the marriage except as provided ^by the decree. Either party may remarry unless prohibited by law or the terms of the decree, and the courts will protect either party by am injunction or other restraining process from annoyance or interference by the other. A limited divorce or a divorce from bed and board does not sever the marriage tie, but leaves the parties still husband and wife. It simply suspends all marital rights and relations during the period fixed by the decree and the court will protect either party against any attempt to exercise such rights and from annoyance or interference in any way by the other. 164: The Legal Bights of Women Credit to be Given a Decree op Divorce by the Courts op Other States. The Constitution of the United States provides that "Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other State." A decree of divorce is a "judicial proceeding" within the meaning of this constitutional provision, therefore, when a decree of divorce is rendered by a court having legal juris- diction of the suit and of the parties thereto by reason of a strict bona fide compliance with all the statutory provisions relating thereto of the state where the decree is granted, it will be entitled to full faith and credit by the courts of every other state, that is, it will be recognized and regarded as valid by such courts for all purposes, but if the element of good faith be lacking or the court granting the decree failed to obtain jurisdiction of the parties, the courts of other states will not be compelled to recognize the decree. Custody op Children. Where there are minor children the court may in the decree of divorce, award the custody thereof to one of the parties and the order in relation thereto is usu- ally so framed as to enable the court to make such changes or modifications of the decree from time to time as circumstances may demand. In determining in whose custody the children shall remain, the court will consider the age and sex of the children; the nature of the charges upon which the divorce is granted and the circumstances of the parties. As a rule the children will not be placed in the custody of the guilty party, nor will very young children be taken away from the mother unless she has been guilty of such flagrant conduct, or is of such a character or is living amid such surroundings as render her an unfit person to have the custody of them. The court will look to the good of the children and endeavor to do what appears best for them. The court may also by the decree make such provision as may appear to be necessary and proper for the support of the minor children, and the father may be required to pay to the mother a certain sum periodically for The Legal Bights of Women 165 that purpose. "Where this is done the father will not be liable for the support of the children beyond the payment of the sum fixed by the decree. Alimony. Temporary alimony is an allowance made by the court in which divorce proceedings are pending as a pro- vision for the support of the wife and children while the suit is pending. It usually consists of a fixed sum to be paid at stated times and the order may usually be enforced by im- prisonment for contempt of court. An allowance may also be made to cover counsel fees and the other expenses incident to the prosecution or defense of the suit. Permanent alimony is a provision for the support of the wife made by the court at the time of or subsequent to the granting of the decree of divorce, and it may be either a cer- tain fixed sum to be paid in full discharge of all claims for alimony, or a certain sum to be paid periodically for a certain time. In some states the payment of permanent alimony can only be enforced by the levy of an execution upon the prop- erty of the husband and if no property subject to levy can be found, the alimony cannot be collected. In other states the court wiU enforce the order by proceedings to bring the hus- band into contempt for failure to pay and he may be impris- oned until the alimony or so much thereof as is due has been paid. Legitimacy of Childeen. A divorce does not affect the legitimacy of the children of the divorced parties unless it be granted upon the grounds which rendered the marriage ab- solutely void at the time it was entered into, as for example, when the marriage was bigamous; and the children may in- herit from both parties in the same manner as though no di- vorce has been granted. Rights of a "Wipe "Who is Living Apart From Her Hus- band "Without a Judicial Decree. "We have elsewhere in this chapter touched upon the subject of divorces from bed and board or limited divorces. In such cases the right of the wife 166 The Legal Bights of Women to live apart from her husband and the amount to be paid by him for her support is fixed by the decree or judgment. There is, however, another branch of this subject which is of great interest and importance, that is, the legal status of the wife who is living apart from her husband without a judicial decree of separation. The law imposes upon every married man the duty of sup- porting and providing for his wife and this is a duty from which the law wiU not permit him to escape provided he is able to do so, unless his wife by her misconduct has forfeited her right to support. Under ordinary conditions the husband is bound to sup- port his wife so long only as she continues to live with him and if she voluntarily and without his consent and without justifi- able cause leaves his home, she thereby forfeits all claim upon him as long as she so absents herself; but if by reason of the gross misconduct of her husband she is forced to leave her home she carries with her the right of support and the use of her husband's credit so far as it may be reasonably necessary. This right extends only to what is reasonably necessary and suitable to the condition in life of the husband. What will be regarded by the court as necessary and suitable in one case, may be deemed altogether unreasonable and unsuitable in an- other case where the condition in life and the income of the husband is different. Whoever sells goods to a married woman who is living apart from her husband, does so at his peril as the law imposes upon him the burden of showing such a state of facts as will warrant him in supplying goods to the wife upon the credit of the husband, which means that he must show that the wife is living apart without her fault, or that she left her husband's home in consequence of such improper treatment upon his part as Tvill justify her in doing so ; and he must also show that what- ever he furnished her was reasonably suitable to the wife in view of the condition of the husband and the style in which The Legal Bights of Women 167 the parties lived before the separation. In other words, if she is entitled to use the credit of her husband at all, the right extends only to what the law regards as necessaries and not to extravagancies. What will justify the wife in living apart from her husband is a question largely depending upon the peculiar facts of each case. The courts have very generally held that adultery upon the part of the husband is sufficient to justify the wif* in leav- ing his house and to impose upon him the burden of support- ing her elsewhere. Anything which constitutes grounds for a divorce is usually held to be sufficient. Threats of physical violence false charges of unchastity, violent, coarse, vulgar and abusive language and opprobrious epithets constantly used by the husband so as to humiliate his wife and make her life miserable have been held sufficient; and any course of treat- ment injuriously affecting the health of the wife, if persisted in, may be sufficient ground. The position of a wife living apart from her husband with- out a decree of separation is anomalous. As we have showTi, whoever supplies her with necessaries upon the credit of her husband does so at his peril; and this rule of law operates in many cases so as to prevent the wife from obtaining any credit whatever. It is this condition of affairs which prompted the law makers of the several states to enact laws under the provisions of which divorces from bed and board or limited divorces may be granted by the courts; and if the necessity for a separation unfortu- nately arises, it is by far the better way for the wife to secure a judicial decree of separation and have her status and the amount to be paid for her support definitely defined. The amount which the court will award depends largely upon the situation of the parties, the amount of property or income possessed by each, the ability of the husband to earn money, the health of the wife, the manner of living to which 168 The Legal Bights of Women she has been accustomed and the circumstances surrounding the separation. If the wife is the owner of property or has an income of her own, this fact will be considered. If she has been accustomed to live well and her husband is able to do so, the court may direct that the husband continue to support her in the same style as before the separation. It is obvious, however, that no very definite rule can be adopted. Each case must be governed by its own facts, circum- stances and conditions. The laws of the several states vary so materially as to the details of procedure and the causes which will constitute the grounds for a decree for separate maintenance and the en- forcement of such decrees, that in the event of the wife being impelled by circumstances to resort to such a proceeding she should consult a good lawyer. CHAPTER IX. PARENT AND CHILD. Under the common law the father had and still has the ex- clusive legal right to the care, custody and control of his minor children. The strict letter of the law gives the mother no rights whatever to the care or custody of her child during the life of the father, and in the event of a separation between husband and wife, the husband's right to the children is para- mount and exclusive unless otherwise ordered by some court of competent jurisdiction. This rule may be said to exist in principle in this country in those states where the common law of England is the basic law, but the courts of most of the states while recognizing the paramount right of the father, aU things else being equal, have grafted onto the law a more humane doctrine and where the question of the right to the custody of children arises, the court will always consider the character of both the father and mother, the ability of each to properly care for and maintain the chil- dren, the age, sex and condition of the children, the cause or causes of the separation of the parents, and upon due considera- tion of all the surrounding facts and circumstances, will de- termine the question of custody as may appear to be for the best interest of the children. The court will always endeavor to ascertain what is best for the child and decree accordingly, without regard to any fixed rule of law or custom which seeks to favor the father as against the mother. Under this modern doctrine the mother is regarded as hav- ing an equal claim for consideration and as a rule, young chil- dren, especially young girls will be placed in the custody and 160 170 The Legal Rights of Women care of the mother. In some of the states the common law rule has been modified by legislation but the rule even in such states will be found to be as stated, that the courts will con- sider the good of the child and award the custody thereof ac- cordingly; and the courts have power to deprive both parents of the custody of a child and place it in the custody of some other suitable person. This will never be done, however, un- less the parents are so obviously unfit that the good of the child absolutely demands it. But it is not the parents alone who have rights in their children. The fact has become recognized that the state has even a greater right and in many of the states, machinery has been provided for the exercise of this right whenever it be- comes necessary to do so. Society recognizes that it has the right to protect itself where children are being brought up by vicious parents or amid sur- roundings which tend to the development of crime, or of ig- norant, vicious or immoral children by taking such children from their parents and making such disposition of them as the particular case may require. This right is exercised through various mediums, such as Juvenile Courts, Children's Courts and the Probate Courts; but however, or by whatever medium it is exercised, the prime ob- ject is to remove the child from surroundings and influences which tend to develop it into an undesirable citizen and place it where it will have an opportunity to develop into a useful man or woman. In administering these laws, the rights of the parents or cither of them, to the custody of the child is not considered as against the superior right of the state to protect itself against the development of immorality, , viciousness and crime or crim- inal instincts. This movement and its satisfactory results is largely at- tributable to the intelligent and untiring efforts of women and women's clubs and similar organizations. The Legal Rights of Women 171 Children are either legitimate or illegitimate, and the above rules relating to their custody as between their parents apply only to legitimate children. A legitimate child is one born in lawful wedlock, or a child born out of wedlock but made legitimate by the subsequent in- termarriage of the parents of the child and the recognition of the child by his father. An illegitimate child is one who was not born in lawful wedlock or made legitimate by the subsequent intermarriage of its parents and recognized by his father. An illegitimate child cannot inherit from his father, but can inherit from his mother. He usually assumes the mother's name and the mother has the exclusive right to the care and custody of her illegitimate child. Children bom in lawful wedlock are presumed in law, to be legitimate, and this presumption can be questioned only in very exceptional cases, as for example, where the husband has been dead for a period so long before the birth of the child or has been continuously absent from his wife for so long a period that in the course of nature it would be impossible for him to be the father of the child; or where the husband is abso- lutely physically incapable. The law not only presumes legitimacy but it also discour- ages any attempt to overcome this presumption and the illegit- imacy of a child born in lawful wedlock can only be established by the most positive and convincing evidence. Eights of the Mother After the Death of the Father. While the father lives, he is bound by the law to care for, support and educate his minor children and he is entitled to receive their earnings during minority unless he has abandoned or emancipated them. By emancipation is meant the release by the father of all claims to the earnings of his child, thus permitting the child to make contracts in relation to his own time and labor and collect and apply to his own uses the income therefrom. 172 The Legal Bights of Women Upon the death of the husband and father the mother suc- ceeds to these rights and duties to a limited extent. She is the natural guardian of her children after the death of the father and is entitled to their custody and control. She is also as a rule, entitled to the earnings of the minor children pro- vided they live with and are supported by her. It is not nec- essary, however, in order to entitle the mother to the earnings of her children that she furnish them their entire support, but it is sufficient if she provides them a home in which they may live and to which they may return at pleasure, even though it be supported by their earnings. All that the law requires of the mother in order to entitle her to the earnings of her minor children is that she discharge her parental duty toward her children to the best of her ability and according to her means. The mother may part with her right to the custody and con- trol of either or all of her minor children by written contract and such relinquishment will be binding upon the mother and will deprive her absolutely of the right to the earnings of the child. It is questionable, however, whether the mother can bind the child to remain in the custody in which he is placed by such a contract and if the child should refuse to do so and return to and remain vdth the mother and is partially or wholly supported by her, it is probable that she would thereby again become entitled to his earnings. The mother is morally but not legally bound to support her minor child, and if the child has an estate she may sup- port it therefrom. But she cannot recover for money expended for that purpose without first having an arrangement either express or implied, with the guardian of the child to that effect, as it will be presumed that what she has done for her child was done voluntarily unless expressly or impliedly otherwise agreed. Where the mother is guardian of the estate of her minor child she may support it out of the property in her hands as such guardian, and she should be careful to keep an accurate ac- count of such expenditures, as she will be required to give a The Legal Bights of Women 173 full account to the court by which she was appointed, of all money and property that may come into her hands as guardian and of her disposition thereof. While the mother as guardian by nature (after the death of the father) has the control and custody of the persons of her minor children, still she has no control over the estate of the child unless appointed guardian of the property and estate by the probate or other court having authority to make the ap- pointment. The father may by his will, appoint what is known as a testamentary guardian for his minor children even to the ex- clusion of the mother, but testamentary guardianship is usu- ally of the property and estate and not of the persons of the children. In some states, however, the father may by his will appoint a guardian of the persons as well as the property of the children, but usually the courts have the power to ignore the appointment so far as it relates to the persons of the chil- dren in favor of the mother and this will usually be done unless there are very strong reasons against so doing. The mother may, after the death of the father, in the event of his not having appointed a testamentary guardian, by her own will appoint a testamentary guardian for her minor chil- dren after her death. Injueies to Childben. The mother cannot sue or re- cover in her own right for wrongs or injuries done to her children through the misconduct or negligence of others except in the single case of seduction. Injuries to the person or estate of a child affect the child personally and while the mother may see that redress is had, it must be done in behalf of the child and for his benefit and the damages recovered will be- long to him. A settlement made by the mother for an injury to her child will not bind him and he may still maintain a suit therefor. In some states the parents may sue and recover damages based upon the loss of services of the child during minority 174 The Legal Bights of Women and for the money necessarily expended for care and medical treatment, in behalf of the child and made necessary by the injury, and the damages so recovered will belong to the parent. The child may also sue through its guardian or next friend, to recover damages which have resulted from the injury and the damages recovered will belong to the child. The laws of some of the states provide for securing the money so recovered for the use and benefit of the child by requiring the person to whom the money is paid, usually the guardian, to give an adequate bond; and the parent should see that this is done whenever possible. In the case of the seduction of a daughter the case is dif- ferent. As a rule the daughter cannot recover for the seduc- tion even though the seduction were accomplished under prom- ise of marriage, but the mother may sue, if the seduction oc- curred after the death of the father if the daughter was a mem- ber of the household and rendering service to her mother at the time when the seduction occurred. Under the harsh rules of law, damages for the seduction of a daughter can be recovered only upon the doctrine of master and servant. The parent must stand in the relation of master and the daughter of a servant and it is upon the theory of loss of service that the parent is permitted to recover. The law does not require evidence of any great amount of service upon the part of the daughter; the ordinary assistance rendered by a daughter in the affairs of the household is sufficient, and when the relation is thus established the parent is permitted to recover far more than the services were actually worth, the jury usually being permitted to give damages commensurate with the nature of the offence and the shame, mortification, and disgrace incident thereto. In many of the states the harsh rules of the common law in relation to suits for seduction have been greatly modified by statutory enactments, so that in such states the basis of the The Legal Bights of Women 175 action is no longer the theoretical relationship of master and servant. The laws of such states also permit the woman who has been wronged to maintain an action in her own name, or the name of a next friend or guardian, and to recover damage in her own right for her seduction. CHAPTER X. WILLS. A will or as it is sometimes called, a last will and testament, is an instrument whereby a person directs what disposition shall be made of his or her estate and property after death. A codicil is a supplement to a will either changing its terms, adding new bequeaths, changing the executors or making such other modifications as the testator may desire. The maker of a will is called the testator, or if a woman the testatrix; the person who takes under the will is called the devisee or legatee ; the property disposed of by will is said to be devised, or bequeathed, and the person who is appointed by the testator to carry out the provisions of the will is called the executor. Who Mat Make a Will. Any person of sound mind who has attained his or her majority may make a valid will A person must be of "sound and disposing mind and memory." That is, the testator must have suflScient soundness of mind to recollect without prompting, the elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive their obvious relations to each other and to be able to form a rational judgment in regard to them, but he need not have the same perfect and complete grasp, under- standing and appreciation of any of these matters in all their bearings that a person in sound and vigorous health of mind and body would have. The testator must, however, be capable of understanding and appreciating his relationship to the mem- bers of his family and of considering their claims upon him; of understanding the nature and extent of his property and 176 The Legal Bights of Women 177 that he is making a final disposition thereof, and if he is about to deprive any of those who are naturally dependent upon him or who would, in the absence of a will inherit the whole or a part of his property under the law of descent or distribution, he must he capable of fully realizing the nature and effect of his act and in what proportions and whom he is depriving as heirs. Just what degree of mental soundness will be regarded as sufficient to render a wiU valid and just what degree of mental unsoundness will be sufficient to invalidate a will, depends usu- ally upon the facts and circumstances of each case. The amount of the property disposed of, the nature of the disposition made, whether the will is unreasonably unjust to the surviving rela- tions of the testator, or the result of delusions or unreasonable or unfounded prejudice against those whom he cuts off, or whether the disposition of his property is so manifestly eccen- tric as to clearly indicate that it was made under the effect of a delusion. These, and many other questions may be considered in determining whether the testator was capable of making a will. Insanity, monomania, idiocy, imbecility, delirium and senile dementia, are conditions which will render a testator incap- able of making a valid will, unless it can be shown that the instrument was executed during what is called in law a lucid interval, which is defined as "an interval in which the mind, having thrown off the disease, has recovered its general habit. ' ' The person must have, so far, and for so long a time, regained the possession of reason, so as to satisfy the mind that he really did comprehend the act which he was performing, and that his act was the understanding of a healthy mind, and not the mere freak of a disordered fancy. Whether a will was executed dur- ing a lucid interval by a person ordinarily incompetent de- pends upon the surrounding circumstances. The courts require a high order of proof to support such a proposition. Undue Inpltjence. A will in order to be valid must 178 The Legal Bights of Women be the will of the testator. That is to say, it must represent his own wishes, free from interference or undue influence upon the part of any other person, and if it is established that the will was procured by undue influence it will be set aside as invalid. It is impossible to give any comprehensive definition of what constitutes undue influence as the methods by which it may be exerted are almost infinite in number and variety, and whenever the question of undue influence arises it will be determined by the facts and circumstances surrounding the execution of the particular will in question. In one case it was held that undue influence, in order to defeat a will, must be such as to destroy freedom of action at the time of making it; it must amount to such a degree of restraint or influence as to deprive the testator of his free agency and induce him to make a disposition of his property which he would not other- wise have made. In another case it was laid down as a rule that influence obtained by modest persuasion and arguments addressed to the understanding or by mere appeals to the af- fections cannot be termed undue influence in a legal sense ; but influence obtained by flattery, importunity, superiority of will, mind or character, or what art soever that human thought, in- genuity, or cunning may employ which would give dominion over the mind of the testator to such an extent as to destroy free agency or constrain him to do, against his will, what he is unable to refuse, is such an influence as the law condemns as undue when exercised by anyone, immediately over the testa- mentary act, whether by direction or indirection or obtained at any one time or another. As regards the degree of influence permissible upon the part of a wife it has been held that she may use her influence for her own beneflt or that of others so long as she does not act fraudulently or extort benefits from her husband when he is not in condition to exercise his faculties as a free agent. In deciding a ease of this kind the court in its opinion uses the following language: "We do not know of any rule of law or The Legal Bights &f Women 179 of morals whicli makes it unlawful or improper for a wife to use her wifely influence for her own benefit or for that of others, unless she acts fraudulently, or extorts benefits from her husband when he is not in a condition to exercise his fac- ulties as a free agent. A faithful wife ought to have very great influence over her husband, and it is one of the necessary re- sults of proper marriage relations. It would be monstrous to deny to a woman who is generally an important agent in build- ing up domestic property, the right to express her wishes con- cerning its disposal. And there is no legal presumption against the validity of any provision which a husband may make in his wife's favor." On the other hand, in another case, the court said: "It is not every degree of importunity that is sufficient to invalidate a will or testament. But there may be great and over-ruling importunity and undue influence, without fraud, which when established, may and ought to have the effect to avoid a will, such as the immoderate flattery of a wife who will take no de- nial, pressed upon an old and feeble man, which may be better imagined than described ; or dominion obtained over the testator under the influence of fear produced by threats, violence or iU treatment. In neither of these cases may there be any direct fraud, but an over-ruling influence upon the mind and feelings of a testator, according to the degree of his judgment and firm- ness." In still another noted case the following language was used in expressing the opinion of the court. "If the wife by her virtues has gained such an ascendency over her husband, so riveted his affections, that her good pleasure is a law to him, such an influence can never be a reason for impeaching a will made in her favor, even to the exclusion of the residue of his family. Nor would it be safe to set aside a will on the grounds of influence importunity, or undue advantage taken of the testator by his wife, though it should be proved she possessed a powerful influence over his mind and conduct, in the general 180 The Legal Bights of Women concerns of life, unless there should be proof that such influ- ence was expressly exerted to procure a will of such a kind, as to be peculiarly acceptable to her, and to the prejudice and disappointment of others." It will be readily seen from the foregoing illustrations to what extent a married woman is justified in influencing her husband in disposing of his property by will, and what degree of importunity or influence will be regarded as improper. It should be bone in mind, however, that each case will be judged according to its own circumstances. General rules are fol- lowed as far as applicable to the facts of the particular case, but there is no rule that can be applied to all cases. "What would be regarded as undue influence by one court or judge may be regarded as perfectly legitimate and proper by some other court; an influence which might be properly exercised where the testator was a robust, healthy man with a sound mind, may be regarded as improper where the testator was old, sick, or feeble in body and mind so as to be easily swayed and dom- inated by a person possessing a strong will. A wife is justified in securing a suitable provision for her future and may exert a reasonable iiifluence to attain that end, but she will not be justified in coercing her husband or in the practice of any- thing that savors of fraud, trickery or scheming. Form op a "Will. The wording and arrangement of the parts of a will varies somewhat in the several states but the essential parts are very similar. It is customary to begin with a declaration that the testator makes the following as his last will and testament, intending thereby to dispose of all his property and estate, both real and personal, of which he shall die siezed and possessed. In some states it is customary to follow with a direction for the payment of debts, but this is a useless formality, as the law requires the payment of debts in any event, if the estate is sufficient. Then follows the dispo- sition of the property, or to use technical terms, the devises or bequests. A gift of land by will is usually called a devise. The Legal Eights of Women 181 and a gift of personal property is called a bequest or legacy. The person to whom a gift of land is made is called the devisee, the person to whom a gift of personal property is made is called a legatee. Then follows the clause nominating or appointing one or more executors, and it is customary to add a paragraph revoking all former wills and declaring this to be the testator's last will and testament. The following is a common form of will: I, (name of testator), of (stating place of residence), do make the following as my last will and testament, intending hereby to dispose of all my estate and property both real and personal of which I shall die siezed and possessed. First. I direct the payment of all my just debts and fun- eral expenses as soon as practicable after my decease. Second. I give and devise unto my beloved wife (naming her), the homestead wherein we now reside, situated (here de- scribe the property), to her and her heirs and assigns forever, (or for and during the term of her natural life, as the testator may desire). Third. I give and bequeath unto my said wife, all my household furniture and effects and family supplies, and also the sum of dollars, to be paid to her by my executor within months after my decease. Fourth. I give, devise and bequeath unto my son (naming him), all the rest, residue and remainder of my estate and property both real and personal, of every kind, nature and de- scription, and wheresoever the same may be situated or found, to him, his heirs, executors, administrators and assigns for- ever. Lastly. I hereby nominate and appoint (naming the ex- ecutor), sole executor of this my last will and testament, and do hereby revoke all other and former wills by me made, and publish, declare and establish this and this only as my last will and testament. 182 The Legal Rights of Women In witness whereof I have hereunto set my hand (and seal) this day of A. D. Signature. Signed, puhlished and declared by (the testator) as and for his last will and testament, in our presence, who have, at his re- quest, in his presence and in the presence of each other, here- unto set our names as witnesses. A. B., Residence. C. D., E. F., Executors. It is customary for the person making a will to name one or more persons as executors to carry out the provisions of the will. The omission to nominate an executor does not, however, render the will invalid, but if it is a valid will in other respects, it will be allowed and the court will ap- point an administrator to carry out the provisions thereof and settle the estate of the testator according to the terms of the will. The person so appointed is called an administrator with the will annexed. If the person named as executor be dead, or being alive refuses to act; or if he is mentally incompetent or is disquali- fied from acting as such for any reason, the court will upon the allowance of the will, appoint an administrator with the will annexed. The testator usually nominates one or more persons in whom he has confidence as his executor or executors and he may pro- vide or request that they shall not be required to give bond for the faithful performance of their duties ; and the court will usually comply with such provision or request unless there appears to be good reasons for refusing. The practice of ex- empting the executor from giving bond is not one to be recom- mended, though where the will appoints the wife of the testa- tor the sole executor the provision exempting her from the necessity of giving bond is very proper and convenient. The Legal Bights of Women 183 Great care should be exercised in selecting an executor as the court will have no authority to ignore his nomination no matter how objectionable he may be personally to those entitled to take under the will if he be otherwise a suitable person to administer the estate; and while the court has power to refuse to issue letters testamentary to him, or to remove him after such letters have been issued, such removal or refusal must be based upon substantial grounds and supported by competent evidence of his unfitness to act or of such misconduct as will justify his removal and this is not always easy to procure. The laws of some of the states authorize certain corporations, usually Trust Companies, to act as executors, administrators, guardians and trustees and where there is such an institution available, it may be found convenient or expedient to nominate such company as the executor where the testator is in doubt as to whom to nominate. The com]pensation of an executor is usually fixed by law, therefore it will ordinarily cost no more to have the estate ad- ministered by such an institution than by a private person ; and if the company is sound and reliable, the business will be man- aged by it in a manner fully as satisfactory, if not more so than by a private individual. There is an old saying that "a lawyer who tries his own ease has a fool for a client." This saying applies with equal if not greater force to the layman who drafts his own will. The rules of law relating to the making and construction of wills are so numerous and complicated that the person contemplating the making of a will should not fail to secure the services of a competent and careful lawyer and have the will drafted by him. It should be borne in mind that a will does not go into effect or become operative until the death of the testator. It is then brought to light and its provisions carried into effect (if valid) according to the intention of the testator as con- strued by the courts. In arriving at the intention of the tes- 184 The Legal Bights of Women tator the court cannot go outside of the instrument itself. It must be construed according to its own terms, and if the will is loosely drawn or if the meaning is obscure, the court may have great difficulty in determining just what the intention of the testator was, and there have been many cases in which the court placed a construction upon a will that was never con- templated by the maker thereof. It is very important there- fore that the terms of a will be as simple as possible and that both the maker of the will and the person employed to draft it know exactly what is sought to be accomplished. The person who is about to make a will should first settle in his own mind just what disposition he desires to make of his property, to whom and in what proportions he will leave it, and what con- ditions or restrictions if any, he wishes to have provided for. He should then consult a lawyer and give him full, clear and definite information in respect to these matters and trust to him to see that they are properly carried put. Codicils. A codicil is an addition to or amendment of the provisions of a will and may be made whenever for any reason the maker of a will desires to make a change in the disposition of his property or in the appointment of an exec- utor without drafting and executing a new wiU. Where a will has been made a number of years and the mental of phy- sical condition of the maker has become materially changed for the worse by reason of advancing age, ill health or other cause, it is the better policy not to disturb the existing will, made when there was no question of the competency of the testator, and if a change in any of the provisions thereof is desirable the better way is to resort to the use of a codicil for that pur- pose. A codicil should be very carefully drafted and the safer plan is to have it done by a competent lawyer. Revocation op a Will. A person may make any number of wills and revoke them at pleasure. A will may be re- voked by any act which clearly indicates an intention upon the part of the maker so to do. The most common methods of The Legal Rights of Women 185 revoking a will are the making of a new will inconsistent with the former will or by a clause incorporated therein expressly revoking all former wills or by destroying the will or by oblit- erating, tearing or cancelling it; but the acts named will not constitute a revocation unless done with the intention to revoke. A will accidentally destroyed will not be regarded as revoked, nor one destroyed by mistake. And where a will has been par- tially destroyed and was retained by the maker until his death, it may be shown by evidence that the testator did not complete the act of revocation, or that he changed his mind and treated the will as being in force. On the other hand, an attempt to destroy a will by tearing or burning will be held to be a revo- cation where the intention to revoke was evident, even though the attempt was not successful or was thwarted and the instru- ment retained by the interested party. It is the intent that governs in all cases. The marriage of a single woman acts as a revocation of a will made prior to her marriage, and the marriage of a man op- erates as a revocation of his will so far as to enable his children, bom subsequent thereto, to inherit. The statutes of most of the states make special provision for such cases as well as for children unintentionally omitted in the will of the parent but it is a gen- eral rule that marriage and the birth of a child operates as an absolute revocation of a will made prior to the marriage. A will may also be revoked by a codicil duly signed and witnessed. When a Will Becomes Operative. A will does not become operative until the death of the testator and due proof and al- lowance thereof by the proper tribunal, which is the Probate Court, or some Court of a similar character. An application for the probate of a will may be made by any person interested therein, or by the person named as Exec- utor. The court usually makes an order requiring a certain notice to be given to all persons interested, and fixes a day when the matter will be taken up. If there is no opposition, the pro- 186 The Legal Bights of Women ceediugs are purely formal, the witnesses to the will simply being called to swear to the execution of the will, that they saw the testator sign it, that he signed it in their presence, and that they signed as witnesses in his presence, at his request, and in the presence of each other, and also that the testator was at the time, of lawful age and of sound and disposing mind and memory. When the wiU is finally proved and allowed it becomes operative and its provisions may be carried into efiEect. The "Widow's Election. If the will contains a provision for the widow in lieu of her dower, she will have the right to elect whether she will accept such provision or take what the law would give her as dower if there were no will. She must however, make her choice promptly. In some states she must elect within six months, in others within one year. If she does not exercise her right of election and give notice thereof within the time fixed by the statute, she will be deemed to have accepted the provisions made by the will and to have relin- quished her dower. The same rule applies in states where dower as such is aboUBhed. In these states the law makes certain provisions for the widow and she cannot be deprived of the benefit thereof without her consent ; but she will be deemed to have consented to accept the provisions of the will, unless she fonnally re- noimces tbem and elects to take what the law gives her, and ex- presses her election in the manner and within the time pro- vided by the statute. CHAPTER XI. HINTS IN RELATION TO BUSINESS AFFAIRS, INVEST- MENTS, ETC. It is an unfortunate fact that the average woman has a very limited knowledge of ordinary business affairs ; beyond the range of the ordinary household expenditures she handles Utile or no money, she is not brought into contact with the commercial world except to a very limited extent and her opportunities of acquiring business knowledge are at the very best limited. She is not brought into contact with the world of business and fin- ance ; to her the word investment has but a vague meaning ; she has no adequate idea of the earning power of money and no guide by which to determine what investments are safe and what are unsafe. It is not strange that this should be so because the majority of men do not realize how necessary such knowledge will be to a woman who suddenly finds herself deprived of the husband, father or brother upon whom she has relied for support and assistance. The average husband discourages even if he does not re- sent any attempt upon the part of his wife to become interested in business matters, and especially if she attempts to look too closely into his affairs. This is wrong and often results in great loss and hardship. Every woman should be taught the elementary rules of busi- ness, and if she is likdy to have the control and management of property, she should be taught how to handle it properly and to Invest her money so as to be reasonably sure of not losing it, and also of making a profit therefrom. 187 188 The Legal Bights of Women "We shall endeavor to give a few simple and safe rules for the guidance of women in business affairs and for the care and management of property. Property is divided into two classes, real and personal. Real property consists of houses and lands and the improve- ments upon lands, which includes everjrthing of a permanent character erected upon and attached to the land. Personal property includes everything that is not embraced within the term real property, such as money, bonds, mortgages, promissory notes, shares of stock, goods, wares and merchandise, live stock, wagons, carriages, hay, grain, and other farm prod- uce ; household furniture, musical instruments, and watches and jewelry; clothing, etc. The title to real property can pass only by a conveyance or by will or descent ; title to personal property may pass by de- livery only, although a sale of any importance is usually made by an instrument called a Bill of Sale. Title to real estate may be acquired by a "Warranty Deed or by means of a Quit Claim Deed. A "Warranty Deed is one in which the grantor (that is, the party selling the land) declares that he is the owner of the premises described in the deed, that they are free from encum- brances, that he has good right and lawful authority to sell the same, that the grantee (that is, the purchaser) may peaceably occupy and enjoy the same and that he and his heirs, execu- tors, and administrators will warrant and defend the title to the same against all persons whatsoever. If it afterwards trans- pires that the title was defective in any way, or if the grantor (the seller) is not able to put the grantee (the purchaser) into possession, or if the property was encumbered while the deed declares it to be free from incumbrance, the purchaser will have the right to recover his or her damages from the grantor, or if he be dead, from his heirs or executors or administrator. It will be seen from the foregoing that a Warranty Deed has a The Legal Bights of Women 189 far reaching effect, still the following rule should always be strictly followed, viz: Never purchase a piete of property from any person however honorable without first having the title examined and passed upon by a competent lawyer. An irresponsible rogue will not hesitate to give a "Warranty Deed even though he may know the title to be defective; an honorable man may give a "Warranty Deed fully believing his title to be good when it is in fact defective. The only safe way is to have the title examined, and the lawyer should also examine the deed to see that it is properly executed and acknowledged and that the premises are accurately described. A Quit Claim Deed is one in which the seller simply sells or quit claims whatever interest he has in the land. He may have no interest or a very slight one, the deed simply conveys whatever interest he has and if he has no interest whatever, or if Eis title is defective, the purchaser has no redress whatever, unless the seller has induced the purchaser to buy through fraud. Even if the title is good, a Quit Claim Deed creates a suspicion and the purchaser should always be on the safe side and demand a "Warranty Deed. In many of the states there is a system of abstracts of title. Where this system is in vogue it is the duty of the seller to furnish the purchaser with a complete abstract down to the date of sale, and this should always be demanded, and retained by the purchaser when the sale is completed. Eecoeding. As soon as a deed is delivered to the pur- chaser it should be lodged with the proper officer who is usually the Recorder or Register of Deeds, for record. The law varies in the several states, but the purchaser can easily ascertain by making inquiry where the deed should be recorded. A deed takes effect as against innocent purchasers, incum- brances or judgment or attaching creditors from the exact minute when it is lodged with the proper officer for record. It is very important therefore that the recording should be at- 190 The Legal Bights of Women tended to at once. If the rights of others intervene, the pur- chasers of the property may suffer great loss and possibly lose the property. Exceptions from the "Wakeanties op a Deed. If the person who is selling real estate desires to sell it subject to an encumbrance of any kind, this fact should be carefully set forth in the deed, and the warranty clauses should recite very carefully and fully the nature and the amount of the exception ; for example if the property is sold subject to a mortgage, lease, life estate, dower interest or any other encumberance the war- ranty clause should recite that the seller warrants and defends against the lawful claim of all persons whomsoever, saving and excepting a certain mortgage, lease, life estate or dower inter- est as the case may ,be, describing it fully and accurately. A failure to do this may result in serious loss to the seller who piay thereby become liable to pay off the incumbrances or pay damages for a breach of the warrahty. Mortgages. A mortgage is an instrument whereby the owner of property pledges the property as security for the payment of a certain sum of money at a time therein named with interest at a certain specified rate. It is customary for a note to accompany the mortgage and the mortgage is made to secure the payment of the note. But a note is not necessary al- though the better practice is to have one as it sometimes makes the security better. Mortgages are of two kinds, real estate Mortgages and chattel Mortgages. The former as the name indicates is a mort- gage upon lands and the improvements thereon, the latter covers personal property, such as household goods, merchandise, live stock, and in short, everything that is not embraced by the term "real estate." Value op a Mortgage as an Investment. There is no safer investment than a first mortgage upon real estate where the amount loaned does not exceed half the actual value of the lands and buildings, especially if the property is in a The Legal Bights of Women 191 city or growing community, where there is a demand for property and values are advancing, but before making a loan upon real estate there are several important questions to be considered. (a) What is the actual value of the property, that is, at what price could it be readily sold for if it should become nec- essary to foreclose the mortgage? (b) Is the property improved? It is not wise, as a rule, to loan money upon unimproved property. By unimproved property is meant vacant lots or farming lands without farm buildings. (c) Is the property situated in town or is it farming lands? As a rule, farm mortgages are not regarded as favorably as in- vestments as mortgages upon good city property and many of the Savings banks will not take them at all. (d) Is the borrower able to keep up the interest and pay the mortgage when it becomes due ? This is an important consideration, because while the secur- ity may be sufficient, still if the interest is not paid regularly or if the principal is not paid when due, it will undoubtedly become necessary to foreclose the mortgage with a very strong probability of the mortgagee being obliged to take the property. (e) The question of title is also an important considera- tion. An attorney should be employed to examine the title to ascertain whether the person who wishes to give the mortgage is the owner of the land; whether there are any prior encum- brances or liens of any kind upon the property and whether the taxes have been paid. The mortgage should be prepared or examined by an attorney to ascertain whether it is properly drafted and executed, and great care should be exercised to see that the land is properly and accurately described and that the note is properly referred to and bears the same date as the mortgage. It is the duty of the mortgagor (the person giving the mortgage) to furnish the abstract of title and pay for drafting 192 The Legal Bights of Women the mortgage. And the mortgagee (the person taking the mort- gage) should retain the abstract until the mortgage is paid and also discharged. It is also the duty of the mortgagor to assign the policy or policies of insurance upon the property to the mortgagee. This should be done at the time, and the policy or policies should be taken to the agent by whom issued at once in order that they may be properly transferred and the company have notice thereof. A failure to have the insurance transferred may re- sult in serious loss. The Mortgage Shoifld be Recorded at Once. A failure to do so may result in loss through the intervening of other rights through the dishonesty of the mortgagor or the action of creditors. Chattel m,ortgages are not regarded as a good investment security and should be avoided. A good and safe rule is never to loan money upon security of this kind. If however, a chattel mortgage is taken the same care should be exercised as in taking real estate mortgages and the chattel mortgage should be promptly recorded. Second Mortgages. As a rule, a second mortgage either upon lands or chattels is regarded as of little value as a security and a careful investor will not loan money thereon. A second mortgage is always at the mercy of the first mort- gagee who may foreclose his mortgage and thus cut off the sec- ond mortgage unless the holder thereof buys in the property or pays off and takes up the first mortgage, which the second mortgagee may not wish or be able to do. The wise policy would be never to loan money upon a second mortgage and never to take either a second mortgage or a chattel mortgage except as security for a debt which cannot be secured in any other way. Stocks and Bonds. Of course the safest security known is Government Bonds, but these bear so low a rate of interest that a person must own a very large amount thereof The Legal Bights of Women 193 to derive an income therefrom sufficient for the support of a family. Indeed some of these bonds net the investor less than 2%. The bonds of any of the states and the larger cities are regarded as safe and the same may be said of many of the rail- way and industrial bonds, but one should be careful when pur- chasing to get first mortgage bonds and to see that they are regarded as sound by bankers of well known caution and ex- perience. Particular care should be exercised in the purchase of stocks of any kind. The country is full of schemes for unload- ing stocks upon the public and many of them are set forth in such attractive form as to deceive the most experienced invest- ors. There are many legitimate enterprises seeking capital by the sale of stock. The difficulty is to determine which are legitimate and worthy of support and which are not. A great many of the gold, silver and copper mining schemes that are so extensively advertised and attractively presented, with assur- ance of great dividends and enormous profits to be made through the advance in the price of the stock are simply schemes to make money for the promoters without regard for the losses of the people who may be induced to part with their money. A widow with a small estate and a family of children de- pending upon her will be wise if she lets investments of this kind alone even if she has to let her money lie in the savings banks at a low rate of interest. A woman who has money to invest should endeavor to find some honorable, successful banker or business man to advise her in relation thereto. There are men in every community upon whose judgment it is safe to rely and if possible, the as- sistance of such a person should be sought. Liability op Stockholders. A person owning stock that is bona fide full paid, is not liable for the debts of the com- pany or to be called upon for assessments, but a large part of the stock in mining companies is subject to assessments and 194 The Legal Bights of Women much of the so-called full paid stock on the market is uot such in law and the purchaser thereof may be made liable for the debts of the company to the extent that the stock is not full paid. In many cases corporations are over capitalized so that even if the business should be fairly profitable, the prospect of paying dividends will be very remote. There is also danger of being "frozen out" by the owners of the majority oJE the stock if they are unscrupulous men, and too the mlajority may vote large salaries to the officers and thus absorb all of the profits. A man of experience may sometimes make an investment that will be profitable where a woman would sustain a loss, for the reason that he may be in a position where he can be fully advised of the affairs of the company and know when to sell, while a woman seldom has the opportunity to obtain such knowl- edge. Peepeeeed and Common Stock. There are two classes of stock, preferred and common. Preferred stock is a safer in- vestment than common stock for the reason that it is entitled to receive a certain fixed dividend before any dividend is paid on the common stock, and in the event of the corporation being dissolved or wound up, the property remaining after the debts are paid will be applied upon the preferred stock, and the common stockholders will receive nothing until the prefer- red stockholders have been paid in full. There are two classes of preferred stock, i. e. Cumulative and Non-cumulative. Cumulative stock is entitled to have the dividends accumulate, which means that if a dividend is passed that dividend becomes a charge upon the earnings of the com- pany and must be paid together with all other dividends that may accrue upon the stock before any dividend at all is paid on the common stock. For example, take a stock entitled to a cumulative dividend of 7% payable semi-annually on the first of January and July. Now on January 1st, the stock will be entitled to a dividend of 3j^% and if for any reason the divi- dend is not paid it is carried forward and on the 1st of Jnly The Legal Bights of Women 195 the company will owe the stockholder 7%. If this dividend also is passed, the company will owe the stockholder on the 1st of the next January an accumulation of dividends amounting to 10J^% and so on until it is paid. But if the stock is non- cumulative and a dividend is not paid, the stockholder loses it, nothing is carried forward and upon the next dividend day nothing is due but a dividend for six months, and if the divi- dend is again passed it is lost. After a full year's dividends have been paid on the pre- ferred stock in any year, the Directors usually, but not always, have the power to apply the remainder of the net profits of the company to the payment of a dividend upon the common stock. Sometimes the dividends on the common stock exceed the divi- dends upon the preferred, but it does not follow that the com- mon stock is the most valuable, because as a rule, the common stock represents the water in the stock, the speculative element. As long as times are good and the business flourishing the com- mon stock may appear to boom, but in a period of depression or in the event of business reverses, the common stock will be the first to feel the depression and may be entirely obliterated by a shrinkage in value. Voting Powee op Stock. The voting power of a stock is as a rule governed by the charter or by-laws of the com- pany, although in some states it is fixed by law. As a nile each share of stock is entitled to one vote and the holder of stock may cast as many votes at any meeting of the stockholders as he owns shares of stock. Stockholders may usually vote either in person or by proxy, that is they may attend the meet- ings of the stockholders in person and vote their own shares, or they may authorize some person to attend and vote for them. The business of a corporation is governed by the Board of Directors and the stockholders have very little to do or say ex- cept to attend the annual meetings, listein to the reports of the officers and vote for Directors. The Directors as a rule elect the officers and fix their salaries. 196 The Legal Bights of Women There are many corporations which are honestly and capably managed, the stock of which is very valuable; there are many which are not properly managed and in which an investment would be unsafe. If a woman receives corporate stock from her husband's estate, she must be governed by circumstances in determining whether to retain or dispose of it, and she will do well to seek the advice of some one capable of advising her, but if she is tempted to purchase stock as an investment she should hesitate long and make careful investigation before doing so and as a rule she will be wise if she refuses to invest. Banks and Banking. A Bank is a financial institution organized for receiving and paying out money, loaning money, issuing bank bills or notes, dealing in domestic and foreign ex- change, and receiving and investing savings deposits. There are three classes of banks. National, State and Private. The National Banks are organized under the laws of the United States and are under the supervision and direction of the Comp- troller of the Currency at Washington. They are authorized to issue bank notes which are secured by a deposit of govern- ment or other bonds. These notes circulate as money and are perfectly safe. State banks are organized under the banking laws of the state in which they are located and are not allowed to issue notes to circulate as money. State banks are usually organized to conduct a general banking business or as savings banks; some- times a commercial and a savings department are conducted by the same bank. Private banks are usually conducted by a firm or individual and persons dealing with them usually do so upon the credit or standing of the person or persons connected with or conduct- ing them. Both the National and State Banks are subject to inspection and examination by the public authorities and are therefore safer depositories as a rule than private banks. The Legal Bights of Women 197 A person desirous of opening an account with a bank is usually introduced to the Cashier by a mutual friend. Banks do not as a rule open accounts with strangers, although savings banks are not so particular in that respect. The depositor places his signature in a book kept for that purpose or upon a card which is filed in a card index, and he should always conform as nearly as possible to the signature given in signing checks or vouchers. The depositor is usually required to enter his age, place of birth, and other items for the purpose of identification. If the depositor is opening a savings account he is given a pass book in which is entered the amount of his deposit, and this book is the only evidence he has of the amount to his credit. It is of the utmost importance therefore, that this book be carefully preserved and it should always be presented at the bank when any money is deposited or withdrawn. If the depositor opens a commercial account he is given a pass book showing the amount of the deposit and also a book containing a number of blank checks which are in the nature of orders upon the bank directing it to pay a certain sum of money either to the bearer or to the person named therein. Checks are usually made pay- able to the order of the person named and in order for him to obtain the money thereon he will be obliged to endorse the check, that is, to write his name across the back thereof; this insures payment to the proper person unless the endorsement is forged. A check made payable to the bearer or to the order of a certain person or bearer may be paid to any person presenting it at the bank and checks should never be drawn in that manner. The following is the ordinary form of a bank check : New York, July 1, 19. . FIRST NATIONAL BANK OF NEW YORK. Pay to John Smith or order One Thousand Dollars. $1000.00.. Signature, 198 The Legal Bights of Women It is of great importance that the depositor keep an acctxrate account of all money deposited and withdrawn, in order that he may not overdraw his account, that is, give checks upon the bank when he has not sufficient funds on deposit to meet them. It is the custom of bankers to refuse payment of a check when there is not sufficient funds to the credit of the drawer of the check to meet it, and the holder of a check upon which payment is refused may protest it thus causing the drawer expense and humiliation. A convenient method of keeping an account of moneys in bank is to make the appropriate entrees upon the stubs that re- main in the book when the check is torn out. The first entry should be the amount deposited, from this should be subtracted the amount of the first check drawn and the balance carried to the stub of the next check. All deposits should be added and all checks subtracted and the true balance can then be seen by referring to the stub. The pass book should be left with the bank periodically to be balanced up, and the depositor should compare the bal- ance shown by the pass book with the balance as shown by the check book and if the two balances do not agree, the account should be gone over carefully to ascertain where the error is and when discovered should be corrected. Bank Stocks as an Investment. "With many people, bank shares are a favorite investment. A well managed bank hav- ing adequate capital and large deposits, with an active demand for loans by safe borrowers, my pay very large dividends and investors sometimes pay a very high price for shares in such a bank. The price of bank shares is usually based upon two things, the book value of the shares and the rate of dividends paid. By book value is meant the proportion which the actual assets of the bank taken at their true value, bears to the total amount of the capital stock of the bank; for example, if the capital stock is $100,000.00, the par value of the shares being The Legal Bights of Women 199 $100.00 each, and the value of the assets at their true valua- tion is $150,000.00, the hook value of the shares will he $150.00 per share, and the price of the stock in the market would be at least that amount or more. Now assume that the stock was paying annual dividends of nine per cent and that the stock was purchased at $150.00 per share, the investment will pay only six per cent upon the amount invested. If more than $150.00 per share is paid, the net yield of interest will he correspondingly less. But there is another very important matter which should be given careful consideration before purchasing bank shares as an investment, that is the stockholders liability. The laws of the United States relating to National Banks and the laws of the several states relating to state banks, im- pose an additional liability, equal to the face value of the total amount of stock owned by each stockholder for the protection of depositors. In a business corporation, stock that is fully paid is not liable to any further call or assessments, but this is not the case with bank stocks; even though the full face value of the stock has been received by the bank, the stock holder still remains liable to be called upon for a sum equal to the face value of his or her stock if a call becomes necessary to enable the bank to pay its depositors in fuU, and the stockholder may be compelled to pay such assessment by suit if necessary. To illustrate, let us assume that an investor subscribes for ten shares of the capital stock of a bank at $100.00 per share and pays to the bank the full amount of $1000.00 ; still the in- vestor is liable to be called upon to pay an additional sum up to $1000.00 if the condition of the bank makes it necessary, and this amount may be collected by suit against the stockholder. Of course the stockholder may never be called upon to pay this amount or any part of it, still there is the legal liability, the possibility. The defalcation of an officer or employee of the bank, or a series of heavy losses, or bad management may 200 The Legal Bights of Women wholly or partially wreck the bank. The depositors must be paid in full so far as the assets of the bank, including what may be recovered from the stockholders will permit, and the stockholders will be required to pay in such an amount, up to the face value of their respective holdings, as may be neces- sary for this purpose. The private investor in the stock of a bank will usually have but little opportunity if any, of knowing the true condition of the bank. Its published statements may show a prosperous con- dition and it may be paying good dividends, but it may be car- rying as assets, a lot of loans which are practically worthless. Eventually the Bank Examiner will order the bank to charge them off, which will when done, reduce the assets to that extent. The surplus of the bank, that is the accumulated assets over and above the capital, may be sufficient to take care of the amount charged off, which will reduce the book value of the stock, but if the surplus is not sufficient, the deficit must be made up by the stockholders or the capital of the bank re- duced. In the first instance the shareholders will have to pay in money to bring the value of the stock up to par; or in the latter event the number of the shares will be reduced or the value thereof diminished to correspond with the actual amount of capital remaining. Therefore a person who is not in close touch with the affairs of the bank so as to know its actual condition at all times and the true value and condition of its assets, should be very care- ful about investing in bank shares. This is particularly true as regards the woman who cannot afford to take chances or who may not be able to pay an assessment if called upon to do so. An investor in an unincorporated bank becomes a partner and liable for the payment of all the debts of the concern, in- cluding the depositors. Such an investment should be avoided. Receipts. A person should always give a receipt upon receiving money and should always insist upon receiving one when paying out money. Blank receipts bound up in books of The Legal Bights of Women 201 one hundred may be procured at almost any stationery store and such a book should be purchased and used. Whether the money received is for rent, interest, personal services or the sale of property, the receipt given should show the date, the amount received, from whom received, for what, and whether the payment is made in full or on account. The same rule applies in paying out money, the person paying the money should demand a receipt which' will show exactly for what purpose the money was paid and whether in full or on account. In giving a receipt it is well to fill out the stub, thus preserv- ing a memorandum of the date, amount, to whom and for what purpose the money was paid. In paying bills it is well to have them itemized and the full receipted bill should be carefully preserved and filed away for future reference. The following are the forms of receipts most commonly used : New York, July 1, 19.. Received from Dollars in full to date. $ Signature. Receipt for Rent. 19.. Received from Dollars for rent of No. 200 Broad St. from to Signature. 202 The Legal Bights of Women Eeceipt foe Interest. 19.. Received from Dollars for interest on mortgage on premises from to 19- • $ Signature. Receipts should be very carefully worded so as to express clearly the meaning intended to be conveyed and show the exact nature of the transaction. Receipts for money expended should be carefuUy filed and preserved for ref ernce. Keeping Accounts. Every woman who is obliged to at- tend to her own business affairs and investments should keep an account book in which should be entered all transactions in- volving the receipt or expenditure of money. It is not neces- sary that she should adopt an elaborate system of bookkeeping, but she should adopt some simple method which she will easily understand and which may be kept up without much labor. In keeping accounts one of the most important requisites is to make the entries at the time when the transaction to be recorded occurs. In law an entry made at the time is regarded as vastly more reliable and worthy of far greater weight than an entry made the day following the event or at some subse- quent time. The entries should be accurate and set forth the transactions clearly, but as briefly as possible, under proper heads and care should be exercised to see that debits and credits are entered where necessary and upon the appropriate side of the account. For example, a loan of $1,000 is made. There should be an entry made charging the borrower with that amount and as the successive installments of interest fall due they should be charged to the borrower on the same side of the account. When The Legal Rights of Women 203 payments are made either of pi'incipal or interest they should be credited to the borrower on the other side of the account, so that when the loan is finally repaid, the two sides of the ac- count will balance. Example. John Smith. 1908. Dr. 1908. July 1, By cash, Interest Cr. Jan. 1, To loan on mort- to date $ 30.00 gage at 6%..! H,000.00 1909. Jan. 1, ti It It 30.00 July 1, " 6 months' in- Jan. 1, " a/c terest 30.00 July 1, principal . . . " cash, inter- 400.00 1909. est to date.. 18.00 Jan. 1, " It It 30.00 1910. July 1, (( It •• 18.00 Jan. 1, Jan. 1, ti II It " cash, ' a/c 18.00 1910. principal . . . 200.00 Jan. 1, « «( (( 18.00 July 1, " interest to July 1, (( (C ti 12.00 Jan. 1, date 12.00 12.00 1911. Jan. 1, " in Jan. 1, It It It 12.00 full 400.00 $1,120.00 $1,120.00 The same form may be used for any kind of an account where the other party is the debtor. For example, in renting a house the tenant should be charged upon the left side of the account with each month's rent as it becomes due and credited upon the other side when the rent is paid. A few minutes time each day will suffice to keep the ac- counts of the ordinary business woman in proper shape and by a systematic attention to this duty she will always have her business affairs in such condition as will enable her to know at any time just how she stands, where and how her money is invested, and whether the interest is being promptly paid. Business men as a rule keep a ledger account with their banker, and there is no good reason why everyone who has 204 The Legal Bights of Women a checking account should not do so. The form given above can be used, charging the bank on the left hand side of the account with all deposits, crediting all checks drawn and paid upon the other side of the account and striking a balance at the end of each month. This balance should correspond with the balance shown by the stub of the check book and with the balance shown by the pass book. Payment of Taxes. One of the most important duties of a property owner is to see that the taxes assessed upon his or her property are promptly paid. There are several kinds of taxes, (a) City taxes, which are levied and assessed by the City Authorities upon all property within the limits of the Municipality for the purpose of defraying the expenses of the City Government and the support of the Public Schools, (b) Taxes levied for the support of the state government and the county organization. In some states these taxes are assessed and levied in one bulk sum. In other states the city taxes are payable at one time and the state and county taxes at stiU another time. Besides these regular assessments there is also extraordinary assessments, such as assessments for paving, building sewers, opening streets, and making other special im- provements which benefit a particular locality and which are assessed upon the property within a certain limited district which is supposed to be benefited by the improvement. All regular taxes such as city, state and county, are pay- able at certain fixed times and there is always a period vary- ing from two weeks to two months within which these taxes may be paid, and if they are not paid within the time provided by law, there is always a penalty attached in the way of a per- centage which in some cases amounts to considerable. Special assessments or extraordinary assessments are usually made payable at a time fixed by the order of the city council or the municipal body by which the assessment was levied and the property owners affected are usually given notice, either personally or by publication in the columns of the newspapers. The Legal Bights of Women 205 of the time and place for the payment thereof and of the pen- alty if not paid within the time specified. Every property owner should ascertain the times for the payment of regular assessments and should make it a point of always paying within the time specified and thus avoid the penalty for failure to do so, and where a property owner has knowledge of the levy of a special or extraordinary assessment, an effort should be made to ascertain the time of payment, so that the assessment may be paid without incurring the penalty. In most of the states there are very stringent laws in rela- tion to the payment of taxes whereby it is provided that unless the taxes are paid within a certain specified time varying from three months to one year after the same are levied, that some public officer designated for that purpose will sell the property at public auction. This does not necessarily deprive the owner of his property, but there is usually a provision that unless the property is redeemed within a certain period, usu- ally one year from the time of sale by paying the amount of the taxes and penalty together with all the expenses of the sale and advertising that the title of the purchaser at the tax sale shall become absolute and where the title of property has be- come absolute by reason of the failure of the owner to redeem, the purchaser obtains a good title to the property provided the proceedings in connection with the levy and sale were regular and according to law, and may dispossess the former owner of the property and take possession thereof. There have been many cases where very valuable property has been lost through failure to pay a few dollars of taxes and the purchaser at the tax sale sometimes becomes absolute owner of valuable prop- erty for a very small proportion of its actual value. Not only should the owner of property exercise great care in seeing that the taxes are paid, but every person holding a mortgage on property should exercise the same care to see that the owner of the property pays the taxes, and if not, the holder of the mortgage should pay them, for the protection of his or 206 The Legal Bights of Women her mortgage interest in the property, because as a rule a sale of the property for taxes will not only deprive the owner of his title, but will also cut off the rights of the holder of the mortgage. This is a very important matter and should be given careful attention. Tax Receipts. Public officials are not always infallible and there has been many cases where property has been sold for taxes when the taxes had in fact been paid. It is im- portant therefore, that the property owner should carefully preserve all tax receipts as a protection in case of an error by the tax collector as the court will usually set aside and cancel a sale where it afterwards appears that the taxes were in fact paid before the sale. Peeseevation of Papers. It is very important that all title deeds, mortgages, notes, stocks, bonds and securities, as well as receipts for money paid should be carefully pre- served, as the failure to do so may result in serious loss. For example: The maker of a note cannot be called upon to pay it unless the note is produced and delivered up to him at the time of the payment, unless the holder of the note can show that it has been lost or destroyed, and in that case the maker of the note will usually refuse to pay until he is secured by a bond or otherwise, against all loss that may accrue to him through the note turning up later in the hands of some other person. So too, certificates of stock are evidence of prop- erty and while there may be a record on the books of the com- pany by which the stock was issued of the ownership of the stock, still nearly all stock is transferable by endorsement on the back of the certificate and the loss of the certificate would be very apt to cause the owner of the stock a great deal of annoyance, if not loss and expense. Where a person has valuable papers it is well to rent a small box in a safety deposit vault, which can be usually ob- tained for an annual rental of $5 or $10 and deposit all papers and other articles of value therein. If, however, there is not The Legal Bights of Women 207 a safety deposit vault accessible, it is sometimes possible to de- posit a Tin Box containing papers and securities in the vault of the local bank. It is also a wise plan to procure a tin box with a good lock in which all receipts, paid bills, and other papers of lesser importance may be deposited and keep it in some secure place in the house. This will ordinarily be suffi- cient protection for papers of this kind and will keep them from being scattered, and preserve them. Some Investments to be Avoided. A woman who has a comparatively small income from individuals or, interest arising from safe investments, may be tempted to change these invest- ments with a view of placing her money where it will produce a larger income. It should be remembered that as a rule the absolutely safe investments yield a low rate of interest rarely more than four or five percent. It is only when the speculative element enters — ^the elemjents of chance or risk, that the rate of interest or the dividends promised are high. A man may invest his savings or surplus in carefully se- lected safe securities as a provision for his wife and children and these investments if actually safe should not be changed unless there is an absolute certainty that the security which it is proposed to buy will be as safe as the one disposed of. A widow should not make or change an investment without seek- ing the advice of some man of experience who is capable of and will give her honest, disinterested advice. A banker of experience should be a safe man to consult. Some lawyers are sufficiently familiar with business affairs so as to be able to advise intelligently. Clergymen as a rule are not. There are agencies which make a business of compiling lists of people who are supposed to have money to invest and these lists are sold to concerns which have securities to sell. People whose names are on these lists are deluged with circulars of- fering securities, some of which are sometimes good or fairly so, but which are more often absolutely worthless. 208 The Legal Bights of Women These circulars sometimes mislead investors by representiug that some well known reliable Trust Company is trustee for the bond holders. This may be true, but it does not follow that the Trust Company endorses the project or in any way recom- mends the bonds as an investment, or believes they have Einy substantial value. On the contrary, the terms of the mort- gage securing the bonds always provides in very plain and specific language that the Trust Company assumes no respon- sibility of any kind so far as the validity of the bonds and mortgage or the value of the security is concerned. It is not always easy to determine which is a good and which is a worthless security. So many elements of uncertainty enter into the promotion of most enterprises even when honestly conducted that the most experienced investors are sometimes fooled. And, too, it is sometimes difficult to determine which is the legitimate and which the fraudulent enterprise. A few years ago the country was flooded with Irrigation Bonds drawing six per cent interest. These bonds had every indication of being a good investment and many of them were. Some of these irrigation propositions were brought forth in good faith but failed because settlers did not take up the lands and thus assist in supporting the project; in other cases the promoters were unable to secure sufficient money to com- plete the work and make it available; others were simply schemes to enrich the promoters at the expense of investors; some of these projects were, however, carried through success- fully and the bonds are good. In the aggregate, the losses sus- tained by investors in these companies which either through misfortune or otherwise did not succeed was very large. The fundamental proposition was all right; the difficulty lay in determining which enterprise had in it the elements of suc- cess and which was legitimate and which was simply a get rich quick scheme. Recently the government has caused the arrest of certain promoters of fraudulent apple orchard schemes in the north The Legal Bights of Women 209 west. There are many legitimate orchard schemes in that coun- try, the difficulty is to ascertain which is safe and any one may be fooled. Again, the prominence of the men at the head of an en- terprise is no indication of its soundness. At this writing, Julian Hawthorn and a former mayor of Boston are on trial in New York for the misuse of the mails in promoting a mining scheme which resulted in a great loss to hundreds of victims who were induced to invest in their project through the glit- tering inducements held out in the circulars with which they flooded the country. The United States authorities are constantly striving to protect the public against the promoters of fraudulent, get rich quick schemes and where sufficient evidence can be secured the offenders are brought to justice and punished, but this does not restore to the victim the money of which he has been defrauded. The government cannot protect people against losses caused by their own foolish investments, therefore any project which will not stand the test of honest, hard headed investigation and judgment should be avoided. It is not alone the fraudulent get rich quick schemes which cause losses. Many legitimate projects fail through bad man- agement, lack of experience, insufficient capital, unsatisfactory business conditions and for other reasons, none of which can be attributed to bad faith; but the final result is the same so far as the investor is concerned; the money invested is gone. A man of business experience may safely make investments which would be very hazardous for a woman to undertake. The man is out in the business world where he can watch his investments and perhaps sell at the right time ; or he may have a voice in the management of the enterprise as a director or otherwise so that he will be able to know the condition of af- fairs. But the woman investor does not usually have such opportunities and is obliged to rely upon others for informa- tion relating to the business and its prospects. 210 The Legal Eights of Women Therefore, we again say, that the woman who has money invested in good, safe securities should not allow herseK to be induced to disturb or change such securities for the sake of securing a larger income. If she has money to invest she should confine her investments to first mortgages on real estate or the bonds of municipalities having a high credit; or first mortgage bonds of local public utility companies which are honestly and intelligently managed and where the property mortgaged to secure the bonds is sufficiently valuable as to afford ample security under any condition which may arise. Industrial bonds should as a rule be avoided as well as the bonds of any company which has not become thoroughly es- tablished upon a safe paying basis. "With the exception of municipal bonds, no bond of any company, however well it may be established, other than a strictly first mortgage bond should be purchased. There are many bonds which purport to be first mortgage bonds which are not so in fact. For example, suppose there was in a certain city two independent street railway companies, each of whom has put out an issue of bonds secured by a first mortgage upon its property. Now suppose a new company is formed and buys these two lines of street railway and con- solidates them into one line under a new name. The mortgages still remain upon the properties of the old companies, the con- solidation does not effect them nor the security of the bonds. Now, to go a step farther, suppose the new company should mortgage the consolidated lines to secure an issue of bonds. This mortgage would be the first mortgage of the new company but the bonds would not be the first mortgage bonds upon the property even though they might be represented at the first mortgage bonds of the company; and in the event of a fore- closure, the bonds secured by the first two mortgages would be entitled to full payment including interest, before anything could be paid to the holders of the bonds of the new company. It will be seen therefore, that the term "first mortgage bonds" The Legal Rights of Women 211 may some times be misleading, but a thorough investigation before buying will disclose the true situation. There is in every city, certain local securities which are perfectly safe as an investment and if such securities can be bought at a reasonable price and under the direction of an honest and capable person, they may prove to be very satis- factory. Care should be taken to see that the price for a security is not too high. Good securities which pay a high rate of in- terest or large dividends, usually sell at a premium above par; the question is, whether the price asked is too high to yield a fair return upon the money required to purchase the secur- ity. For example, if a stock having a par value of $100.00 and which pays six per cent per annum is quoted at $150.00 per share, the dividend of six per cent will pay only four per cent upon the money required to purchase the stock. If a bond for $100.00 paying six per cent per annum is sold for $110.00 the result will be as follows, assuming the bond has ten years to run: If the holder of the bond keeps it until it becomes due, he will receive $100.00 therefor. The premium of ten dollars is gone and this amounts to a loss of one per cent per year, which reduces the interest to five per cent. Now if we compute the interest on the ten dollars premuim it will be found that the average rate of interest has been only about four per cent. The writer once witnessed an interview between a woman customer and the Vice President of a large bank. She had bought certain stock from the bank and paid quite a large premium. When she received her dividend she discovered that it was computed on the par value of the stock while she had sup- posed it would be computed upon what she paid for it. The Vice President labored long and patiently trying to explain the matter so she would understand it ; he did not succeed and finally bought the stock from her at the price she paid for it, simply to satisfy her that the bank had acted in good faith. 212 The Legal Bights of Women It should be clearly understood that if a bond is purchased at a price which is above par, that is the face value thereof, and held until it becomes due, the holder will receive only the face value of the bond. The premium paid at the time of purchase represented the interest earning power of the bond based upon the value of money in the market at the time of the purchase. This earning power is eliminated by the ma- turing of the bond and therefore the premium is eliminated. The premium paid for a stock represents the earning power of the stock based upon the market value of money and the accumulated surplus of assets of the company; but dividends are always computed and paid on the par, that is the face value of the stock, regardless of the premium. As illustrating the actual rate of interest which will be yielded upon a certain security, take a bond for $100.00 pay- able in fifteen years and bearing interest at the rate of five per cent per annum. If this bond is bought at par it will of course yield five per cent; but if bought at $111.20 it will yield only four per cent and if bought at $124.02 it will yield only three per cent. On the other hand if bought at $81.61 it will yield seven per cent. A twenty year five per cent bond purchased at $113.68 will yield four per cent; if the same bond is bought for $129.92 it wiU yield only three per cent, but if bought at $78.64 it will yield seven per cent. Stock and bond dealers have tables which give the yield of securities at all prices and rates of interest; these tables should be consulted before buying securities at a premium in order to ascertain what the interest yield will actually be. Registering Bonds. Bonds are usually payable to bearer and the person having possession of them is presumed to be the owner. The title to such bonds passes by delivery without any writing or other formality. If bonds are lost or stolen it will be very difficult to trace them and they will probably never be recovered. There is. The Legal Bights of Women 213 however, a provision in nearly every mortgage securing a bond issue or in the bond itself, under which the bonds may be registered; which means that any holder of a bond may pre- sent it at the proper office which is usually designated in the mortgage or bond, where an entry will be made in a book kept for that purpose, of the number of the bond, the name of the owner and a memorandum of its registration and the name of the owner will be endorsed upon the bond. After this is done the ownership of the bond can be transferred only by the registered owner, which is usually done by an endorsement upon the bond, making it payable to the order of the pur- chaser who must then have the transfer to him registered. If, however, the transfer is made to the purchaser or bearer, or to bearer, the bond will again become transferable by deliv- ery. The registration of a bond affords almost perfect security against loss by theft or otherwise, as it can not be transferred except by the endorsement of the registered owner. GHAPTEE XII. WOMEN IN BUSINESS. Eight op a Mabried Woman to Cabby on Business in Heb Own Name. The statutes of most of the states contain provisions authorizing married women to carry on business in their own name and to do all things necessary to be done in connection therewith in the same manner and to the same extent as though unmarried. In some of the states this right is absolute and unconditional, in others certain preliminary conditions are imposed. In Alabama a married woman may pursue any lawful trade, occupation or business with the consent of her husband ex- pressed in writing filed and recorded in the office of the Judge of Probate. In California a married woman before she will be per- mitted to carry on business in her own name must apply to the Superior Court of any county in which she shall have resided six months, before making the application, and if there does not appear to be any legal objection her petition will be grant- ed and a judgment entered accordingly. In Florida a married woman becomes what is known in that state as a "free dealer" by an order of the Judge of the Cir- cuit Court obtained upon petition, after publication of notice and proof of her capacity, competency, and qualification to take charge of and manage her own estate and publication of the order for four weeks. She may then contract and be con- tracted with, sue and be sued and bind herself and her es- tate in all respects as fully as if she were unmarried. 214 The Legal Bights of Women 216 In Georgia a married woman may carry on business in the same manner as if she were unmarried except that she cannot enter into any contract whereby she becomes surety for an- other, nor bind herself or her property for the debts of her husband. In Idaho a married woman may, upon proper cause shown when it appears that the creditors of her husband will not be iajured thereby, be empowered by the District Court to act as a sole trader. Heir application to become a sole trader may be opposed by any creditor or her husband. After becoming a sole trader she is liable for the support and maintenance of her minor children. In Illinois a married woman may carry on business in her own name, but she cannot enter into a partnership with any other person or carry on partnership business without the con- sent of her husband unless he has deserted her or is idiotic or insane, or confined in the penitentiary. In Indiana a married woman may carry on business in her own name in the same manner as if she were not married but she cannot enter into any contract of suretyship either as en- dorser, guarantor or in any other manner. All such contracts made by her are void. In Massachusetts a married woman may engage in busi- ness but the property used in her business may be levied upon for her husband's debts, and her husband will be liable for her business debts, unless there has been recorded in the office of the Clerk of the city or town where the business is carried on, a certificate setting forth that she iS doing business on her separate account. If this certificate is recorded her property cannot be taken for her husband's debts and her hus- band will not be liable for her business debts. The husband may file this certificate for his own protection if his wife neg- lects to do so. In Michigan no conditions are imposed upon a married woman doing business in her own name except that she can- 216 The Legal Bights of Women not become a surety for her husband or make herself liable for his debts nor form a co-partnership with her husband. In Montana a married woman upon making an application to the Court may procure an order permitting her to become a sole trader. Upon procuring such an order she may carry on business in her own name and the property used and acquired by her will not be liable for her husband's debts. In Nevada a married woman may upon making an appli- cation to the District Court of the county in which she has re- sided four successive weeks immediately preceding such appli- cation be authorized to carry on business in her own name and on her own account. Notice of her intention to make applica- tion for a permit to become a sole trader, must be published in a newspaper four weeks preceding her application. In North Carolina a married woman may, with the consent of her husband, become a free trader and carry on business in her own name either by virtue of an ante-nuptial agreement proved and recorded in the office of the register of the county where she resides or by her signing with her husband a state- ment signifying her intention with his consent to become a free trader. Prom the time of the registration of such instru- ment she becomes a free trader and may carry on business in her own name. In Texas a married woman may carry on business in her own name but cannot enter into a partnership. In Virginia there is no restriction upon the right of a mar- ried woman to carry on business in her own name except that she cannot enter into a partnership with her husband. The states and territories in which there are no limitations or restrictions upon the power of a married woman to carry on business in her own name are Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Iowa, Kansas, Kentucky, Maine, Maryland Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota. Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, The Legal Bights of Women 217 South Dakota, Tennessee, Utah, Vermont, West Virginia, Wis- consin and Wyoming. Where restrictions exist or conditions are imposed, they should be carefully complied with as not only the right to carry on business but the right to hold property which cannot be reached or controlled by the husband or be made liable for his debts depends upon a strict compliance with the statutory requirements. It will be seen that in the great majority of the states the common law disability, which absolutely prohibited a married woman from doing business in her own name has been entirely removed, while in the other states the terms and conditions prescribed are not at all burdensome. These restrictions are not imposed for the purpose of needlessly hampering women or narrowing their sphere of usefulness, but as a matter of public policy for the protection of those with whom they deal. It is not uncommon when a creditor seeks to recover for goods sold to a man to be used in his business to find that the busi- ness has been transferred to the wife and it is in a measure to defeat such transactions that some of the states require pub- lic notice to be given before a married woman can conduct business in her own name. When a married woman has embarked in business she is at once placed upon the same footing in the business world as a man. She has the same legal rights and is subjected to the same legal obligations. She may bring and defend suits and may be sued. She may jeopardize her property through business reverses and see it all swept away to pay her debts. She may avail herself of the Bankruptcy laws and her credi- tors may institute proceedings to have her declared a bank- rupt and have a receiver or trustee appointed to take posses- sion of her property and wind up her business. It follows, therefore, that before embarking in any business enterprise, or lending her name to a business transaction she should care- fully consider and determine several questions. 218 The Legal Bights of Women a. The nature and extent of the business proposed. b. Whether she is physically and mentally competent to carry it on successfully. c. Whether she has the requisite business experience. d. The amount of capital required to make the business successful, and whether she can command that amount with- out financially crippling herself or jeopardizing her future and the prospects of her children. e. Whether the business is of such a character as to prom- ise a satisfactory return, or one, the future of which is some- what doubtful. f . Whether the business is one which she can manage her- self or whether she will have to depend upon others for the management. g. In purchasing an established business, whether and to what extent it has been successful in the past and if it has not been successful the reason therefor and whether she has the ability and resources to take an unsuccessful business and make it successful. Other questions will arise such as price, location, value of the good will, whether the trade can be held, whether it is a cash or credit business and the like, and in considering all these questions the conditions exactly as they exist should be ascertained and weighed honestly and fairly. It is always a serious matter for any person to embark in a business enter- prise and it is much more serious for an inexperienced woman to do so. The question of capital is always a serious consideration. Eent, help, lighting, freights, and bills for merchandise, must be paid as they mature. There should be a cash reserve al- ways on hand to meet the contingency of dull trade or slow collections. In establishing a new business time will be re- quired to build up a trade and there should be sufficient cap- ital to tide over this period of waiting. The Legal Bights of Women 219 In purchasing an established business care should be exer- cised to see that the stock does not include a lot of old mer- chandise which is inventoried at or about its original cost while practically worthless. There is always more or less worth- less merchandise on hand where the business has been going on for a number of years, and in some stores the greater part of the stock is of this character. Especially is this true where the business has been running down. It is not uncommon for a fairly good stock to sell at from twenty-five to fifty per cent of its original cost. It is advisable before purchasing a stock of goods to have it carefully examined and appraised by some person who is thoroughly competent to make a correct esti- mate of its condition and value, otherwise the purchaser may sustain serious loss by reason of her inability to judge cor- rectly as to the actual value of the stock. Good will is also an element of value to be considered in purchasing an established business, and its value will depend upon whether the business is in a thrifty, prosperous condition or in a bad condition; whether the location is especially valu- able ; whether the trade is attracted by the personality or meth- ods of the proprietors, and whether it can to any great extent be transferred to his successor. Good will means an estab- lished profitable trade, a trade that will remain notwithstand- ing there may be a change of proprietors. If the business is losing money it has no good will although the location of the business may be such as to warrant paying something for good will for the purpose of getting possession of the business stand. If the prosperous condition of a business is based upon the personality of its proprietor it may be questionable whether his successor will be able to hold the trade and therefore the good will may be of less value than if conditions were dif- ferent. In purchasing the good will of a business it is customary to require the person who sells to enter into a contract not to embark in the same or a similar line of business in or near the 220 The Legal Bights of Women same city or town, or within a certain distance for a certain term of years, otherwise the good will may prove to be of very little value. Such a contract should be very carefuUy drafted by an attorney. The law will sustain a contract of this nature when it covers only a reasonable period and a limited area of coun- try, but a contract never to embark in the same or a similar business anywhere in the United States will be void as against public policy. As a rule, the good will of a professional practice is of com- paratively small value for the reason that the patronage is almost entirely personal. People employ a certain physician, lawyer or dentist either from consideration of personal friend- ship or regard, or because of his skill, diligence or reputation. If he retires from business, his successor cannot under ordi- nary circumstances hope to retain any considerable part of his practice. In purchasing an established business, it is important to ascertain whether the title to the goods is perfect, whether the fixtures belong to the owner of the building or the proprietor of the business, the length of time the lease of the premises still has to run, and whether it can be renewed on satisfactory terms. Nothing should be taken for granted, nor should the purchaser rely upon the unsupported statement of the person selling. The stock may be subject to a chattel mortgage, or the whole or a part thereof may be held on consignment; or the goods or a part thereof may have been purchased upon a conditional sale whereby the title remains in the seller until they are paid for in full. It is not uncommon for the owner of business property to own the fixtures and rent them with the store. It will be seen therefore, that ordinary prudence demands that a thorough investigation should be made before completing the purchase. Before purchasing the stock of goods of a person who is carrying on business, it becomes necessary for the intending The Legal Rights of Women 221 purchaser to ascertain whether what is commonly called a "Sales in bulk" law is in force in the state where the tran- saction is pending; and if so, procure a good lawyer to see that all of its provisions are carried into effect. If the person who is proposing to sell the goods objects, or refuses to comply with the provisions of this law, the only safe way is to refuse absolutely to purchase the goods, be- cause his refusal is a sure indication that the transaction is crooked. A favorite method of defrauding creditors was to buy a large stock of goods on credit and before the bills became due, sell the stock at a low price for cash, or make a sale thereof to some third person, who then took possession thereof ostensibly as owner, but in reality for the benefit of the dishonest debtor. When the creditors tried to collect their bills, they were unsuccessful for the reason that they were unable to prove that the sale was not bona fide. This practice induced many of the states to enact laws to the effect that every sale of a stock of goods in bulk should be void as to the creditors, unless the person making the sale, makes a true and complete list of his creditors and the amount owing each ; and that every creditor should have a certain spec- ified notice of the proposed sale for a certain length of time before it is made. If this is not done, the creditors may levy upon the stock sold, eVen though the purchaser may have paid for it, to secure the payment of their claims. This law varies in its details in the different states, but it is in effect, as above outlined. It will be seen therefore, that strict compliance with the law is absolutely necessary, for the protection of the purchaser of a stock of goods, and that a refusal to do so upon the part of the seller is a very strong reason for not making the pur- chase. The following form of bill of sale is adapted for use in any state and may be helpful. If the goods described are delivered 222 The Legal Bights of Women to the purchaser the bill of sale need not be recorded ; but if not delivered the bill of sale should be immediately recorded in the proper office. BILL OF SALE. Know all men, that I, lA. B., of , for and in considera- tion of , to me in hand paid by C. D., of the receipt whereof is hereby acknowledged, do hereby bargain, sell, set over and deliver unto said C. D. the following articles of personal property to me belonging and now in my possession, viz: (Here describe particularly the property conveyed.) To have and to hold the same to him, said C. D., his executors, administrators and assigns, to his and their use forever. lAnd I, the said A. B., for myself and for my heirs, executors and administrators, do hereby covenant and agree to and with the said C. D., his executors, administrators and assigns that I am lawfully possessed of said goods and chattels as of my own property; that I have full right and lawful authority to sell and dispose of the same as aforesaid; that the same are free from all encumbrances (or as the case may be), and that I will, and my heirs, executors and ad- ministrators, shall warrant and defend the same to the said C. D. and his executors, administrators and assigns against the lawful claims of all persons. In witness whereof, I have hereunto set my hand and seal this day of Signature. After embarking in business the great question is how to make it successful. This will depend largely upon the nature of the business, the character of the trade, the ability of the proprietor to at- tract customers, and to sell a sufficient quantity of goods at such an advance over cost and expenses as will net a satis- factory profit. A certain amount of advertising is always necessary, but the nature of the advertising and the amount to be done must depend upon the character of the business. Money judiciously expended in advertising is money well spent, but money injudiciously expended is simply thrown away. An attractive store, goods properly displayed, polite and accommodating clerks, fair dealing and reasonable prices constitute the best and most profitable advertisement. The Legal Bights of Women 223 Many of the failures among the smaller dealers may be attributed to the fact that the expenses are too large for the volume of business done, or because the margin of profit is too narrow. The question of expense is an important factor in every business. If expenses are too large, the margin of profit must be larger or the sales must be greatly increased. The expense account should be watched carefully all the time and every unnecessary item cut off. But while economy should be the rule, it should not be so rigid as to appear upon the surface. The business should not be crippled for the sake of a foolish economy, but there should be no wastefulness. How to arrive at what is a reasonable margin of profit is a serious question and depends largely upon the expienses of the business and the volume of trade, that is the amount of goods sold within a given time. If the expenses and probable sales for a given time can be ascertained it will be an easy matter to determine the per- centage to be added to the cost of the goods to cover expenses. There should also be added a certain percentage for loss, de- preciation, bad debts and contingencies, and then there should be added a percentage for profits. The total of these percen- tages will show the average percent above cost at which the goods must be sold to return a satisfactory profit. If this makes the selling price of the goods too high, then there must be a scaling down. Goods must be bought cheaper, expenses must be reduced, or the dealer must increase the volume of trade or be satisfied with a smaller margin of profit. There is something more in business than buying and selling. Every detail must be watched; if there is a leak anywhere it must be Stopped; if the business is not making money the cause must be ascertained and a remedy found if possible; if the business cannot be made id pay it should be closed out because the longer a losing business is continued, the greater will be the final loss. 224 I'he Legal Bights of Women Exemption of Property prom Payment of Debts. There is in every state certain laws which provide that the property of a debtor to a certain extent or amount shall not be liable to seizure or sale under execution or other legal process to enforce the payment of his debts. These are called Exemption Laws and their provisions vary materially in the several states. In some states the property exempt is considerable in amount and value, while in others it is of comparatively small value; but whether great or small, the creditor cannot reach it by any legal process for the purpose of enforcing the payment of a debt. Every woman who is engaged in a business in which it may be necessary to extend credit, should ascertain by consulting a capable lawyer, the nature and extent of the exemption laws of the state in which she is doing business, in order that she may know to what extent she may safely extend credit in a given case or to a particular individual, with reasonable cer- tainty of being able to collect her bill by process of law if necessary. In every state where homestead laws are in force, the home- stead up to a certain value is exempt. The household furni- ture, the sewing machine, the clothing of the family and cer- tain household utensils and supplies up to a certain value are exempt. The library of a professional man and the tools of an artisan are exempt either wholly or up to a certain amount. The wages of the head of a family to a certain amount are exempt. The separate property of a married woman cannot be made liable for family expenses, except in the states, which are few in number, in which the separate property of a married woman is made liable by express statutory enactments to that eflEect. (See Chapter V, The Separate Property of Married Women.) Extending Credit. Credit men of experience consider not only the exemption laws and the amount of property owned by a person who asks for credit, but also the moral risk, and will The Legal Rights of Women 225 often extend a line of credit to a man of good reputation as regards the payment of his bills that is not warranted by the amount of his assets or property; but in so doing they usually fix upon a definite amount as the limit of credit to be extended and see that the limit is not exceeded, and if his payments be- come slow or unsatisfactory the line of credit is reduced or withdrawn. So with the dealer who is called upon to extend a line of credit to a wage earner or the man on a salary, care should be taken to ascertain the moral as well as the other elements which enter into the decision of the question. Good business judgment will demand that his standing as a property owner be enquired into and whether property which he apparently owns belongs to him or his wife; and also that his record for prompt pay- ment of his bills, or otherwise be looked into. In each indi- vidual case the extent of the line of credit and the time of payment agreed upon should be definitely fixed and the debtor required to adhere to it. One of the important things to be learned is that in any business where goods must be sold on credit, there is nearly as much danger in drawing the lines too sharply as there is from extending credit too freely. Customers will not patronize a house which does not extend the same accommodation as that extended by other houses in the same line, and by pursuing a too conservative policy the business may suffer and perhaps prove unsuccessful. On the other hand, a too liberal extension of credit will result in getting upon the books a large line of undesirable accounts. The road to success lies between these two extremes. The successful business man or woman is the one who by care and intelligent watchfulness is enabled to strike the happy mean by eliminating the slow and unsatis- factory accounts and increasing the number of good accounts. The amount of capital invested in the business or available for sustaining it and the borrowing capacity and the line of credit which the dealer is enabled to secure must be care- 226 The Legal Bights of Women fully considered in determining the volume of credit as a whole which he or she may safely extend and this should be definitely understood, as failure to make collections may result in im- pairing his credit and eventually bring him into difficulties if not to actual bankruptcy. Great care should therefore be exer- cised by the dealer to see that his operations are not far beyond his capital or resources, in other words he should be careful not to spread out too thin as the saying is. Dealings With Minors. As a general rule all contracts made by a minor are voidable, except contracts for necessaries, which means that the contracts are not absolutely void, but that being voidable, the minor may elect to either confirm or re- pudiate them when he becomes of full age ; and the rule of law is that unless the minor repudiates such contact within a rea- sonable time after becoming of age, he will be deemed to have ratified it. What will be regarded as a reasonable time depends upon the nature of the transaction. The merchant and the woman in business will, however, be more particularly interested in knowing how far a minor may bind himself and his property, or how far he may bind his parents, by making purchases of articles of personal use or for necessaries either upon his own or the credit of his parents. The duty of supporting minor children and supplying them with necessaries is upon the father and he is the sole judge as to what is or is not necessary for his children and family, as long as he actually provides them a home and other necessi- ties according to his own ideas of the manner and style in which his family shall Uve; and if he is performing that duty no other person has any right to interfere or to supply the family with anything against his wishes or without his approval. It follows therefore that a minor child has no authority to bind the father to the payment for any goods or merchandise with- out his express or implied authority. The father may become liable by implication, however, when the children have made purchases from time to time upon his The Legal Bights of Women 227 credit and he has paid the bills without objection as to their authority; and when this implied authority is once established, it will be presumed to continue until expressly revoked by the parent, and will extend to every purchase which can be con- strued to be a necessary in view of the circumstances of the family ; and it may also extend to luxuries if the father by his acts or declarations has led the dealer to believe that such au- thority has been given. If the minor attempts to purchase goods upon his own credit, his contract will bind him only to the extent that the goods purchased were actually necessary, and if he is living at home and being supported by his father, it will be presumed that all necessaries are being supplied by him and therefore the minor will be presumed to have no reason to seek credit on his own account. The rule is different, however, when the child is emanci- pated. When therefore, credit is sought by a minor, the ques- tion to be determined is whether the purchase sought to be made is for necessaries within the meaning of the law. If the minor has been emancipated by his parents and is supporting himself by his own labor, anything such as board, clothing, medical treatment and ornaments that are of a character suit- able to his condition of life will be regarded as necessaries, but anything that is obviously far beyond his means will be re- garded as a luxury rather than a necessary and the dealer may not be able to collect for it. It is very difficult to lay down any rule of law which will apply to all cases and define what under all circumstances will be held to be necessaries and what will be regarded as luxuries. This diflSculty arises from the fact that the courts, while they apply general rules of law, draw very different conclusions from the same state of facts, according to the varying condition of the parties. Perhaps the safest rule will be, when credit to any con- siderable amount is requested by a minor, to ascertain whether 228 The Legal Bights of Women he is living at home with his parents and if he is, to com- municate with them in relation to the matter and be guided by what develops. If, however, it appears that the minor has no parents or guardian or that he has been emancipated, inquiry will disclose his ability or otherwise to pay within a reasonable time for the goods sought to be purchased. A detailed discussion of this subject would require many pages of this book, but the few words we have said will be sufficient to call attention to the care that should be exercised in dealing with minors on their own account or upon the credit of their parents. Employees and Employees. In nearly all of the statea, laws have been enacted for the purpose of securing to em- ployees and especially women and girls better surroundings and conditions than they formerly enjoyed, reducing the hours of labor and forbidding the employment of children under a certain age. Employers who are not familiar with these laws or who do not comply with their provisions, not infrequently bring upon themselves serious trouble and expense, as these laws are usu- ally rigidly enforced. It is important therefore, that every employer of labor should become familiar with the laws of the state in which he or she lives or is carrying on business, relat- ing to this subject. These laws relate more particularly to persons who are em- ployed in factories of various kinds, stores, shops, etc., and in many instances their enactment was brought about by the de- mands of organizations of women. Every woman who is in business sbould therefore, be especially careful to comply with them. There is another branch of this subject which should be thoroughly understood, and the writer refers to it for the rea- son that he has known of many cases in which serious trouble and pecuniary loss has occurred through the utterance of hasty or ill advised language addressed to an eihployee, or about him The Legal Bights of Women 229 or her in the presence of others. This is most likely to occur at the time or after the discharge of an employee, or in answer- ing inquiries made by some person to whom the discharged em- ployee has applied for a position. The employer should be very careful about what is said to the departing employee in the presence of others, or to others in his or her absence, or to any person who may ask for information concerning the morals, habits or capabilities of the employee, as any remarks or state- ments so made may if spoken, be what the law terms slander- ous, or if written, libelous. The law relating to slajider and libel is the same for the person of low as well as the person of high degree, and the working girl or woman will usually have the sympathy of the jury with her, if she brings a suit to re- cover damages in such a case. A person may be morally cer- tain that an employee has been guilty of certain delinquencies but may not be able to prove it by evidence in court. Perhaps not once in a hundred times will an employer be subjected to such a suit, but the hundredth time may occur and bring with it a train of very disagreeable results. The better way is to take no chances; make no comments to others or in their hear- iag, and if asked for information as to the character or capabil- ity to simply say that the employee was not satisfactory, with- out giving reasons. CHAPTEE XII. PRINCIPAL AND AGENT. A large part of the business of the world is conducted through the medium of agents or middlemen as they are some- times called, and it is quite necessary that every person who has property to care for or business to transact should become to a certain extent, familiar with the general rules of law re- lating to the subject of agency and the nature of the relation- ship that exists between principal and agent and the rights, liabilities and duties arising from such relationship. The word "Agent" is a general term embracing every per- son, firm, or corporation who acts for another under general or special authority or whose unauthorized acts have been adopted or ratified by the principal. One person cannot become an agent for another without his consent, although a person by adopting or acquiescing in the unauthorized act of another may become liable for such act upon the theory of an implied agency. Therefore, an agent's authority may rest either upon an express contract or upon implication arising from the circumstances out of which the question of authority arises. An express contract is an actual agreement between the par- ties, which may be either oral or in writing, by the terms of which the principal authorizes the agent' to act for him in the transacting of certain affairs or empowering him to perform a certain act or transact certain business. Form op the Agreement. The law does not prescribe any particular form for the appointment of an agent or the creation of an agency. Any memorandum in writing that states in The Legal Bights of Women 231 plain and simple language the fact of the employment of one person by another to do a particular act or that one of the parties has employed the other as his agent to do certain things will be sufficient, but if the transaction is one of any importance the better practice is to have the agreement drafted by a com- petent lawyer who will see that the rights of the parties are protected. Where the power created is for the purpoise of executing conveyances of land or the discharge of a mortgage, the in- strument by which the power is created is called a Power of Attorney, and the person to whom authority is given is usu- ally designated as the attorney of the person granting the power. A power of attorney should be carefully drafted. In- struments of this character are strictly construed for the reason that the very object of the instrument being to create a power or to grant authority, the presumption is that the instrument expresses the actual intention of the person by whom it is executed and sets forth all the authority intended to be con- ferred therefore the powers of the attorney will be strictly limited by the words of the instrument. Carelessness in the wording of the power of attorney may result in the attorney or agent having less powers than he should have to enable him to carry out the wishes of his employer, or on the other hand, he may be given more power than it was intended he should have. The language of the instrument creating the power should therefore be carefully weighed to see that it vests in the attorney all the\ power and authority necessary and no more. If the power of attorney is for the purpose of authorizing the agent or attorney to execute a deed or mortgage or to discharge a mortgage or to execute a long term lease on real estate, it should be acknowledged and recorded in the office of the Eeg- ister of Deeds in the county where the land to which the power of attorney relates is situated. Implied Agency. Authority to act may be implied where the principal has by some act or series of acts or statements, 232 The Legal Bights of Women allowed the public or the party seeking to establish the agency to believe that the relationship of principal and agent actually exists or has with full knowledge of the fact allowed an inno- cent person to have dealings with the supposed agent as such, without notifying him to the contrary. In short, where one person places another in a situation in which, according to ordinary usage he would be understood to represent the prin- cipal as an agent, the law will imply an agency in favor of one who has in good faith relied and acted upon such apparent authority. GrBNEEAL AND SPECIAL AGENTS. There are many kinds of agents, but they are ordinarily classified as General Agents and Special Agents, and there is a very important distinction be- tween the two classes which should be thoroughly understood by the reader. A general agent is one to whom the principal has delegated authority to do all acts necessary to be done in carrying on a particular trade, business or employment. A special agent is one whose authority is limited to the per- formance of a particular act or to carrying through a particu- lar transaction. For example, a person appointed as an agent to manage an estate, collect the rents and make repairs would be a general agent, for the purposes named and would have general authority to make all such contracts as were necessary for that purpose. If on the other hand the appointment was to execute and deliver a deed, he would be a special agent for that purpose only. The responsibility of the principal for the acts of his agents may be said to depend in a great measure upon whether the agency is general or special, and upon the extent of the author- ity with which the agent is apparently invested. A general agent has power to bind his principal by any act or acts within the scope of his authority, indeed it has been held by the courts that the principal is bound by all acts of the agent which are within the apparent scope of his authority, The Legal Bights of Women 233 and in actual practice this will be more nearly the correct rule for the reason that the authority of a general agent can be measured only by the actual scope and character of the business he is empowered to transact ; and for any act done by him which is natural and customary in the management of such business, the principal will be held liable and he cannot evade this liability by any secret instructions or limitations of authority given to the agent. It follows therefore, that great care should be exer- cised in the selection of a general agent, to employ only a man of experience and integrity because an inexperienced or dis- honest agent may cause his principal serious financial loss. A special agent, however, has power only to bind his prin- cipal by acts which are strictly in accordance with the authority given him and any person dealing with him is bound to ascer- tain the extent of the authority of the special agent and if he fails to do so, he will deal with him at his own peril. It is the general rule in all cases where the extent of the authority of an agent is brought in question, that the prinicpal will he hound to the extent of the authority which he has held out to the world as having delegated to the agent. It is also a general rule that the law will not permit a prin- cipal to knowingly allow the public to deal with a third party under the heUef that he is a duly authorized agent and then repudiate the acts of the supposed agent. On the other hand the authority of an agent cannot be es- tablished by the statements of an agent alone, but inquiry should be made of the supposed principal if he is accessible and if not, of others having knowledge of the fact. The principal is also liable to third persons for all injury caused by the negligence of his or her agent as well as for all frauds he may commit and for all representations or admis- sions he may make if such acts are within the scope of his ap- parent authority. The law regards an act done by the duly authorized agent as having been done by the principal himself because the prin- 234 The Legal Bights of Women cipal having put it within the power of the agent to perform the act, it is but common justice that he should be held responsible for the results of such act if within the scope of the authority with which the agent is actually or apparently invested. The effect of these rules makes it highly important that great care be exercised not only in the selection of agents, but also in the authority given or allowed to be exercised or assumed by them. If an agent assumes more authority than he actually has, the principal will be liable for his acts if knowing of such unwar- ranted assumption or authority he takes no steps to prevent the public from relying thereon. The principal will be liable not only for what he has told the agents to do, but also for what he knows, or in the exercise of ordinary care and prudence ought to know the agent is doing. A person may also become liable for the act of a stranger by receiving the benefit of such act or by adopting the act as his own, or ratifying it with full knowledge of what has been done. It will be seen therefore, that it is very easy for one to be- come involved in serious financial difficulties through the acts of an agent, and it follows that great care should be exercised in selecting agents and also in limiting their powers. It is spe- cially important that every attempt upon the part of an agent to assume more authority than has been granted to him should be immediately checked and any unauthorized act disaffirmed as soon as knowledge thereof is brought to the attention of the principal. It is a settled rule of law that a principal cannot enjoy the benefits or advantages arising from the unauthorized acts of an agent and at the same time repudiate the agent's authority. The act must be wholly repudiated or wholly adopted or ratified. Compensation of Agents. The compensation of an agent usually depends upon the nature of his services and the cus- tom prevailing in the community where he resides. Real estate and renting agents, brokers, money lenders and those engaged The Legal Bights of Women 235 in a similar line of business are usually paid a commission, that is a percentage upon the amount of the transaction fixed by custom or agreed upon between the parties. If there be no agreement the rule of law is that the agent's compensation will be what his services are reasonably worth and this will be de- termined by local custom and the nature of the services render- ed. The fact that no bargain was made does not warrant the agent in demanding an arbitrary or unreasonable price, nor is the principal bound to pay it. If there is a local custom that establishes the rate, the agent will be bound by that rate and if there is no such custom then the parties must try to arrive at what is a just and fair compensation for the services ren- dered. It sometimes occurs that two or more agents demand com- pensation for the same transaction and it then becomes a serious question to determine how far their claims can be enforced. Such a state of affairs usually results where two or more agents have been employed to transact certain business and each claims to have been the medium for bringing the transaction to a suc- cessful termination. For example, a person desirous of dispos- ing of a piece of real estate may place it in the hands of several real estate agents, all of whom may advertise it for sale and in other ways endeavor to procure a purchaser. If the property is sold a question may arise as to whom the commission is due, and there have been cases where the principal has been obliged to pay two and three agents' commission. But this cannot occur unless aU of the agents who claim compensation assisted ma- terially in finding the particular person who purchased the property and in bringing about the sale. The fact that one agent advertised the property and endeavored to find a customer does not entitle him to compensation unless he was a factor in bringing about the sale. The same rule applies when the prin- cipal makes a sale after placing the property in the hands of an agent or broker. If the principal makes the sale without the assistance or co-operation of the agent, no compensation can 236 The Legal Bights of Women be recovered; but if the sale be made to a person who was first introduced to the principal by the agent, he will be entitled to a commission for having brought the parties together. Agent Cannot Demand Compensation From Both Parties. It is not uncommon for agents employed to make an exchange or sale of property to attempt to exact compensation from both parties, but this cannot lawfully be done unless both parties give their consent with knowledge of the fact. No man can serve two masters, and the law frowns upon any attempt upon the part of an agent to act for both of the parties to a tran- saction as being against public policy and will punish the offender by depriving him of the right to demand or recover through the courts any compensation from either party. But if the party represents himself as a broker simply to bring the principals together and does not conduct any of the negotiations or endeavor to exert an influence upon either for the purpose of inducing one to give more or the other to take Jess, he may, with the consent of both parties, receive compen- sation from both. Termination op Agency. Unless the appointment of the agent is for a definite time, his agency may be terminated at any time at the pleasure of the principal, but ordinarily the agent except in the event of his discharge for gross misconduct such as a betrayal of his trust, will be entitled to a reasonable no- tice, and what notice will be reasonable will depend upon the nature of the agency, the business to be performed and the condition of affairs at the time the notice is given. The principal must act in good faith as well as the agent. If the terms of the appointment of the agent set forth the time when or the condition upon which the agency shall cease, or may be terminated, the conditions will control and the agent can only be discharged at the time or under the circumstances set forth, except for such misconduct as will warrant the principal in terminating the agency forthwith. The Legal Bights of Women 237 A power of attorney may be revoked at any time unless the power was granted for a valuable consideration or the attorney has a vested interest in the subject matter or thing to which the power relates. For example, if a power of attorney be given to sell certain property upon which the attorney is to make ad- vances to the principal pending the sale, the power cannot be revoked until the principal has paid or tendered to the agent all of the advances made by him. As a rule, the death of the principal acts as a revocation of the power of the agent unless the agent has an interest in the subject matter to which the agency applies. So the death of the agent terminates the agency and acts as a revocation of the authority of his sub-agents. The insanity of either party acts as revocation of the agency except where the agent has such an interest in the subject matter of the agency as to make it in- equitable for him to be deprived of authority until his interest is secured, but the insanity of the agent will at once terminate the agency because the principal cannot be held for acts per- formed in his behalf by a person who is mentally incompetent. The dissolution of a corporation or co-partnership operates as a revocation of the authority of all agents acting for such cor- poration or co-partnership. Notice of Revocation of Power of Agent. The principal wiU be bound by the acts of his agent after the revocation of his power so far as the rights of innocent parties are concerned, therefore, the principal should for his own protection give public notice of such revocation. The nature and extent of the notice will depend upon the nature of the agency, the powers assumed, and the duties performed by the agent, as well as the extent to which the agency is known and recognized by the public. If the agent is acting under a power of attorney which is recorded in the office of the Register of Deeds, the revocation of the power should be in writing and recorded in the same office. If the agency is special, actual notice either orally or in writing to all persons who have notice of the agency will be sufficient, but 238 The Legal Bights of Women if the agency be general and is known and recognized by the public, the notice of revocation should be published in the pub- lic press and such other steps taken as will best insure the pub- licity desired. We give herewith the form of an ordinary Power of Attor- ney and a form to be used when the attorney is to be given power to convey and manage real estate. A Power of Attorney for the latter purpose should be recorded. GENBRiAiL POWER OF ATTOBNBY. ENOW ALL MEN BY THESE PRESENTS, That I (name of per- son granting the power) of (place of residence) have made, consti- tuted and appointed, and BY THESE PRESENTS do make, constitute and appoint (name of person appointed) true and lawful lATTORNEY tor and in name, place and stead, to (here follow with a description of the things which the attorney is to be authorized to do) giving and granting unto said attorney, full power and authority to do and perform all and every act and thing whatsoever reauisite and necessary to be done in and about the premises, as fully to all intents and purposes as might or could do if personally present, with full power to substitution and revocation, hereby ratifying and confirming all that said Attorney or substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF have hereunto set hand. . and seal. . the day of one thousand hundred Signed, Sealed and Delivered in Presence of Seal. Seal. State of County of BE IT KNOWN, That on this day of one thousand hundred before me, a in and for said County, personally appeared above named, who to me known to be the person described in and who executed the above Letter of Attorney, and acknowledged the same to be free act and deed. The above acknowledgment Is not necessary except in cases where power to convey real estate is granted. The Legal Bights of Women 239 POWER OF ATTORNEY TO SELL RiEJAL ESTATE, ETC. KNOW lALL MEN BY THESE PRESENTS, That 1 (name of per- son granting the power) of the of County of , State of do make, constitute and ap- point (name of person appointed) of the of County of , State of true and lawful attorney, irrevocable for and In name. ., place. . and stead, to grant, bargain, sell, lease, contract or convey, any or all of the real estate which may own or In which may have an interest, situated in (Here insert a full legal description of the real estate to which the power is to apply). lAnd my said attor- ney, Is hereby empowered and authorized to grant, bargain, sell, lease, contract or convey any or all of said above mentioned or de- scribed lands to any person for such price or prices, and on such terms as he may deem proper, and in my name to make, execute, acknowledge and deliver a good and sufllcient deed or deeds of con- veyance for the same, giving unto my said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as amply and fully to all intents and purposes as I might or could do if personally present; hereby ratifying and confirming all lawful acts done by my said attorney in the premises by virtue hereof; hereby authorizing my said attorney to ask for, demand, sue for, collect, recover and receive all moneys which may become due and owing to me by reason of such conveyance, whether by deed, lease, con- tract, or other instruments; hereby giving to my said attorney full power and authority to appoint a substitute to perform any of the acts which my attorney is by this instrument authorized to perform, with the right to revoke such appointment of substitute at pleasure; hereby giving and granting to my said attorney or his substitute full power and authority to do and perform everything proper and neces- sary to carry out and execute said power as I could do if personally present and acting in the premises. And I hereby revoke all powers of attorney by me heretofore made authorizing any person to do any act relative to said above mentioned and described lands, or any part thereof, hereby ratifying and confirming whatsoever my said attorney or any of his substi- tutes appointed by him may do in the premises by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand., and 240 The Legal Bights of Women seal.', this day of A. D., 19. . . . Signed, Sealed and Delivered in presence of Seal. State "I County of .j On this day of in the year of our Lord one thousand nine hundred and before me, the sub- scriber, a in and for said County, personally appeared (name of person who granted the power) to me known to be the person described in and who executed the within instrument, who acknowledged the same to be free act and deed, and that executed the same for the intents and pur- poses therein mentioned. Caution in Relation to Dealing with Agents. It is a principle of law that the authority ot an agent cannot be proved by his own statements. There must be some evidence of author- ity beyond his own statement, and every person who deals with an agent is bound to make inquiry, and ascertain as to the ex- tent of his power to act for and bind his supposed principal. A failure to do so may result in serious loss. It is not uncom- mon for an agent to assume greater powers than he actually pos- sesses and innocent people are sometimes caused great loss or annoyance thereby, but this can usually be avoided by the ex- ercise of a little care. In this connection the reader should remember that where there is a written or printed agreement signed by the parties, it cannot be altered or modified by evidence of any oral agree- ment made by the agent which contradicts its terms. The agree- ment controls and the person who signs it will be bound by the terms thereof and the principal will not be bound by any prom- ises made by the agent. There is a class of agents who solicit subscriptions for books, sewing machines, farming tools and im- plements and similar goods who are furnished with blank forms The Legal Bights of Women 241 for subscriptions or contracts of sale. In order to sell goods they sometimes make promises or terms which are contrary to the language of the agreement, but such modifications or prom- ises should be disregarded unless they are written into the agree- ment, then if the principal accepts the contract as modified he will be bound by the terms thereof and the other party will be protected. Attorney and Client. The relation of attorney and client is one demanding earnest consideration by every person who may have legal business to transact. It is a relation which is but im- perfectly understood by the majority of people, and this very lack of knowledge sometimes deters people from placing their affairs in the hands of a lawyer although their interests demand that they should do so. An attorney may be said to be in a measure an agent because he acts for others in relation to their legal affairs, but he ranks very much higher than the ordinary agent and is vested with far greater powers. In this age most of the successful lawyers are good business men as well as good lawyers, and their advice and assistance is as frequently sought in purely business affairs as in matters of strictly legal nature. The relation of attorney and client is one of trust and con- fidence, and demands the exercise of care, skill and diligence upon the part of the attorney, and the strictest fidelity and honor in dealing with his clients, and the matters entrusted to his care. The relation is based upon what is termed a retainer, from the custom of paying a retaining fee by the client to the attor- ney. The payment of a retaining fee may be waived and it is very common for an attorney to act without having received a retainer and when he consents to do so he is bound to exercise the same degree of care, skill, diligence and fidelity as though a retainer had been paid. The nature and extent of an attorney's authority will de- pend upon the nature of the retainer, or to be more explicit, 242 The Legal Bights of Women upon whether he is engaged as a regular attorney or only for the purpose of attending to a particular case or matter of busi- ness. Under a general retainer, it becomes the duty of the at- torney to conduct all litigation in which his client may engage. Under a special retainer the attorney has no authority to act for his client in any transaction outside of his special employment and any act done by him beyond the scope of his retainer may be repudiated by his client. The powers of an attorney regularly retained are very far reaching, but they are confined to the performance of such acts as may be necessary and proper to be performed in the particu- lar case or eases in which he is retained. All the details of man- agement are in his hands, he is responsible for the proper con- duet of the case and has the right to insist upon exercising his own judgment. He has the right to consent to a postponement of the case, to permit opposing counsel to amend his papers fiiled in the suit; he may consent to have the case discontinued, that is to be withdrawn, and he may consent to have the questions submitted to arbitration, but he has no authority to compromise his client's case without his consent, nor to waive his client's right to a jury trial or to substitute another attorney. Employment of an Attorney by an Agent. The un- authorized employment of an attorney by an agent will not render the principal liable for the acts of the attorney, unless ratified with full knowledge thereof. And the attorney cannot recover from the principal for services rendered under such unauthorized employment unless his employment has been rati- fied by the principal. Liability of Attorneys to Clients. Attorneys are bound to exercise reasonable skiU, care, discretion and judgment in the conduct and management of the eases and other matters in which they are retained and they will be held liable in damages for any loss that may accrue to the client through their negli- gence, lack of skill or wilful wrong doing. The Legal Bights of Women 243 Business Dealings Between Attorney and Client. The relation between an attorney and his client being one of trust and confidence, the court will when called upon to do so, scruti- nize closely all dealings and transactions other than those of a purely professional nature that may be had between them. An attorney will not be allowed to take advantage of the knowledge of which he may become possessed through his relations with his client to drive hard bargains with him or to take advantage of his necessities; neither will conveyances of land or sales of personal property by the client to the attorney be sustained where there is evidence of bad faith or unfair advantage upon the part of the attorney. The relation of the legal profession to society may be best summed up by quoting the language of Mr. Justice Swayne of the Supreme Court of the United States in a ease involving a consideration of the principles just stated. "The legal profession is found wherever christian civiliza- tion exists. Without it society could not go on. But, like all other good instrumentalities, it may be potent for evil as well as for good. Hence the importance of keeping it on the high plane it ought to occupy. Its character depends upon the con- duct of its members. They are officers of the law as well as the agents of those by whom they are employed. This fidelity is guaranteed by the highest consideration of honor and good faith, and to these is superadded the sanction of an oath. The slightest divergence from rectitude involves the breach of all these obligations. None are more honored or more deserving than those of the brotherhood, who, uniting ability with integ- rity, prove faithful to their trusts and worthy of the confidence reposed in them." Communications Betv^ebn Attorney and Client. It is a rule of law that confidential communications made by a client to his attorney in the course of his professional employment are privileged. This privilege extends only to communications made in the course of professional employment and the attorney will 244 The Legal Bights of Women not be permitted to reveal them without the consent of his client. Compensation op Attoenets. There is no fixed rule by which the fees of an attorney can be arrived at, because every ease differs in its facts and surrounding circumstances. A law- yer can never know in advance what time or trouble will be involved in the transaction of any given piece of business. As a rule the professional skill and standing of the attorney, his experience, the nature of the controversy both as regards the amount involved and the character and nature of the questions raised in the case, as well as the result of his efforts, must be taken into consideration in fixing the value of the services ren- dered. As a rule, attorneys are fair in their charges and if the client is not satisfied they will usually make such reductions in the bill as will make it satisfactory to the client. But litigation is always expensive and should be avoided if possible. Termination of the Relation op Attorney and Client. The client may discharge his attorney at any time without giving any reason for so doing, but as a rule he will be required to first pay or secure the attorney's bill, and the attorney has a lien upon the client's papers in his hands and will not be re- quired to surrender them until his bill is paid. Before closing this chapter we wish to impress upon the reader the fact that the relation of principal and agent is one of the most complex known to the law. Many volumes have been written on the subject and new questions are continually arising in the courts. The object of the author has been to give a brief outline of the rules of law governing this subject — a few ele- mentary principles only, for the reason that some knowledge of the subject should be possessed by every woman who has property to manage or business to transact. But a little learn- ing is sometimes a dangerous thing, and whenever an impor- tant question involving agency comes up it should be at once referred to some able lawyer and his advice in relation thereto scrupulously followed. CHAPTER XIV. LANDLORD AND TENANT. The Rights op Landlord and Tenant. A lease is an agree- ment whereby the owner of property agrees to let, and the per- son taking the lease agrees to hire certain premises for a certain period at a certain fixed rental or upon certain conditions. The person who gives the lease is denominated the lessor, and the person who takes the property is the lessee. Property may be rented by verbal agreement, but where the letting is for a term of years the law requires that it be in writ- ing and signed by the parties. A letting may be for a term of years, or from year to year, or from month to month, or any period that may be agreed upon. A lease for a fixed term is binding upon both parties for the entire term and neither can cancel it without the consent of the other, unless for some sufficient violation of a material cov- enant in the lease, as for example, a tenant may be ejected and the lease cancelled for non-payment of rent according to the terms of the lease, or for using the premises for unlawful pur- poses, or for some purpose expressly prohibited by the lease, or ^or wilfully destroying the property, but a tenant cannot take advantage of his own wrongful acts to terminate a lease, and if the landlord does not complain the lease will remain in force. Such acts upon the part of the tenant works what is in law termed a forfeiture, but the lessor may waive the forfeiture and will be deemed to have done so unless he proceeds at once to enforce the forfeiture by giving the tenant notice to quit and demand possession of the premises. A forfeiture may also 216 246 The Legal Bights of Women be waived by accepting rent whicli became due after the act of forfeiture occurred if the landlord had knowledge at the time of the fact that the act of forfeiture had been committed. On the other hand, the tenant cannot be compelled to occupy premises that have become unfit for habitation or for the particu- lar purpose for which they were rented if this condition is caused or allowed to continue by the neglect or wrongful acts of the lessor who has covenanted to keep the premises in repair, but a tenant who has covenanted to keep the premises in repair cannot cancel the lease, on the ground of the premises becoming untenantable. An eviction from the premises or any part thereof, by the landlord or through his agency relieves the tenant from the obligation to pay rent until the premises are restored to him; if he be permanently evicted from the premises by a third per- son holding a title superior to that of the landlord, the obliga- tion to pay rent will cease entirely and the tenant will be freed from all of his covenants in the lease but if he be deprived of the use of but a portion of the premises by a stranger the tenant will be entitled to only a proportionate abatement of the rent. Form op a Lease. A lease may be either oral or in writing without a seal or in writing under seal. As a rule, a lease for a period longer than a year should be in writing, and the laws of some states require a lease for more than a year to be in writing and under seal. Printed forms may be procured which will be found sufficient in many eases, but the printed condi- tions should be carefully read over and understood and any ob- jectionable provisions stricken out before the paper is signed. If the premises to be let are owned by more than one person, all should sign as one person cannot give a lease for more than his share of the premises. The amount of rent to be paid should be accurately set forth together with the time when the same shall be paid. The premises should be accurately described but it is not necessary to give the legal descriptions; anything that will identify the premises will be sufficient, as for example. The Legal Bights of Women 247 "The house number 200 Beacon Street, in the City of Boston, together with the grounds and other appurtenances thereto" or "The lower flat of the Astor apartment house at number 984 Fifth Avenue, in the City of New York," or "My farm situ- ated in the township of Plainfield in the County of Wayne, State of Indiana, containing 80 acres of land, more or less, to- gether with all the appurtenances thereto," but if the lessor owns more than one farm in the township, a more definite de- scription will be necessary. The lease should also contain every- thing agreed to be done by either party. These agreements are called covenants. If the lessor agrees to keep the premises in repair there should be a covenant to that effect; if the ten- ant is to make repairs, there should be a covenant to that efiEect. So with any other agreement between the parties, and this is particularly necessary because of the rule of law which does not permit a written instrument to be varied by oral statements or evidence, so that no matter how many promises may be made before the lease is executed, they cannot be enforced unless they are embodied in the lease itself. Repaies. The landlord cannot be compelled to make repairs unless there is a covenant in the lease requiring him to do so. In the absence of such a covenant the tenant is bound to keep the premises in ordinary repair. The tenant is not bound, however, to renew any part of the buildings nor to shingle the roof or to paint the exterior of the house. The tenant cannot make re- pairs and charge them to the landlord without his express authority to do so. If the landlord covenants to keep the premises in repair he may be compelled to make ordinary repairs and to rebuild in case the premises are destroyed by fire. If the tenant coven- ants to keep the premises in good repair he will be bound to re- build in case they are damaged by fire, but this is not so where the tenant covenants to make ordinary repairs and to deliver up the premises at the end of the term in as good condition as when rented, ordinary wear and tear and damages by the ele- 248 The Legal Bights of Women ments excepted, or where he rents only a part of the building. Termination of Letting. A Lease or letting terminates with the expiration of the last day of the term whether the letting be for a long or short period. A letting for one month terminates with the last day of the month and not on the first day of the next month and if a tenant from month to month holds over into another m!onth he will be liable for an entire month's rent even though he may remain only one day. The same rule applies to longer terms. There is a very commonly ac- cepted idea that a tenant may move on the next day after the expiration of his term but this is not the law. A tenant nold- ing over after the termination of his term may be treated by the landlord as a tresspasser, or as a tenant at win or for another term. The general rule is however, that when the tenant with the consent of the landlord, either express or implied, holds over his term, such holding over will be treated as a renewal of the tenancy upon the same terms and conditions as the original let- ting. "Where a tenant for a year holds over, he will be regarded as a tenant from year to year and the landlord may hold him for the entire term. If however the tenant be notified before the expiration of the term that if he holds over he must pay an additional rental, he will be bound to pay such additional rent if he holds over into a new term. Eemedt op the Landlord for Non-Payment op Rent. In most, if not all of the states, there are statutory provisions for taking summary proceedings to recover possession of leased premises for non-payment of rent, and the landlord may resort to such proceedings, terminate the letting and recover possession of the premises, or he may sue for the rent as it falls due if un- paid. The law does not permit the landlord to enter and dis- possess the tenant without process of law, unless there is an ex- press covenant in the lease permitting him to do so. And if the landlord unlawfully enters upon the premises and ejects the tenant he will be liable to answer for his wrong doing in an action for trespass. The forms of law must be strictly observed The Legal Bights of Women 249 and the rights of the tepant respected. A failure to do this may result in costly litigation and large damages against the landlord. Subletting. Unless there is a provision in the lease tg the contrary, a tenant may sublet the premises or any part thereof for any purpose not inconsistent with the purpose for which they were originally let or the terms of the lease. The tenant continues liable for the rent however, unless the landlord ac- cepts the sub-tenant as his tenant and looks to him for the rent. This will be regarded as a waiver of the right to hold the orig- inal tenant and the landlord cannot look to him for the rent after having accepted the sub-tenant as his tenant. The landlord is not bound to look to the sub-tenant however, and if the tenant is responsible he should be looked to for the rent. If there is a prohibition against subletting in the lease the tenant cannot sublet without the consent of the landlord, and the landlord cannot be compelled to consent, but may consent or refuse at his pleasure. A tenant cannot sublet the premiises for an unlawful pur- pose, nor for any purpose that will be injurious to the premises or inconsistent with the purpose for which they were originally let. Payment of Rent in Advance. The owner of the property may insert a provision in the lease for the payment of rent in advance. Such a provision is perfectly legal and binding and can be enforced. The tenant may be dispossessed for non-pay- ment of rent in advance or the landlord may sue for the rent in the same manner as in other cases. Where premises are let to irresponsible tenants it is a wise plan to insist upon payment of the rent in advance, and payment should be promptly de- manded upon the day when it falls due. Irresponsible tenants should not be permitted to get in arrears for rent but if they do not pay promptly steps should be taken at once to dispossess them. There is a certain class of tenants that can be handled in no other way, who move from house to house and remain in 250 The Legal Bights of Women each as long as possible without paying rent ; the only way is to get rid of them as soon as possible if they fail to pay strictly ac- cording to agreement on the day when the rent falls due. Alterations. A tenant has no right to make alterations or changes in or about the premises such as the removal of parti- tions, closing up a door or opening a new one, building perma- nent partitions, changing the plumbing or any change of a similar nature without the consent of the landlord. And a tenant who does so may be proceeded against for damages, or compelled to restore the premises to the condition they were in when rented. If the tenant puts in fixtures that are so built in or attached to the property that they cannot be removed without permanent injury to the property, he cannot remove them. A tenant who moves out leaving fixtures which he would have a right to remove, has no right to enter the premises for that purpose after the expiration of the lease or after he has surrendered possession, without the consent of the landlord. If the tenant leaves the premises without removing his fix- tures and the landlord takes possession, the fixtures become the property of the landlord. If a tenant at the expiration of his lease renews it, he should be particular to see that there is a provision in the new lease reserving his right to remove such fixtures as the law permits him to remove as were placed upon the premises while occupying under the old lease, if he fails to do so he will have no right to remove such fixtures. A tenant may, however, make any bargain he pleases with his landlord, the above rules prevail only in cases where there is no agreement to the contrary. It is always well to have all questions of this nature covered by a special agreement set forth in the lease as it wiU avoid friction and possibly litiga- tion if the parties insist upon their rights when the tenancy expires. We have touched but briefly upon the law of landlord and tenant, our object being to call attention to a few of the more important features of this relationship, so that the reader may The Legal Bights of Women 251 obtain sufficient knowledge to enable him to avoid some of the difficulties that are likely to arise. It is always wise to consult a reliable lawyer in all cases of doubt. The following forms of lease may be found helpful. They are adapted for use in any state and may be modified to meet any condition by striking out or adding covenants. LEASE— COMMON FORM. This indenture, made the day of by and between A. B., of , party of the first part, and C. D., of , party of the second part, witnesseth: That the said party of the first part, in consideration of the rents and covenants herein reserved and contained upon the part of said party of the second part, to be paid and performed doth hereby demise, lease and (to farm) let unto said party of the second part, his executors, administrators and assigns the following described premises, viz: (Here describe the premises particularly and fully.) To have and to hold the said premises, with all the appurtenances to the same belonging, unto him, said party of the second part, his executors, administrators and assigns, for and during the full term of years from the date hereof (or from and after some future period, as the case may be), yielding and paying therefor, yearly, and every year during said term, unto the said party of the first part, his heirs and assigns, the yearly rent of , pay- able in equal monthly payments in' advance upon the first secular day of each and every month during said term, beginning on the day of A. D Provided, and it Is hereby agreed by said party of the second part, 'that if the said rent, or any part thereof, shall be in arrears and unpaid on any day of payment as hereinbefore specified, and shall remain unpaid for the period of days thereafter, or if default shall be made in any of the covenants on the part of said party of the second part herein contained, and such default shall continue for the period of days, then said party of the first part, his heirs and assigns, may at their option, and without previous notice or demand, determine this lease and re-enter upon said premises and repossess the same as of his former estate. lAnd the said party of the second part for himself, his heirs execu- tors and administrators doth covenant with said party of the first part, his heirs and assigns, in the manner following, to-wit: That 252 The Legal Rights of Women the said party of the second part, his heirs, executors, administrators and assigns, shall and will pay the said rent in manner as aforesaid; that they will conform to and obey all such rules and regulations as said party of the first part, or his assigns, may from time to time make with reference to the use and occupation of said premises, and will not occupy the same for immoral or unlawful purposes or in a manner unsatisfactory to said party of the first part of his assigns; that he will permit said party of the first part and his assigns, when- ever he or they shall deem it necessary, to enter upon said premises to view the same and make necessary repairs; and will at the end of said term or other sooner determination of the lease, peaceably surrender the said premises to the said party of the first part, his heirs and assigns, in as good order as they are now in, or may be put in during said term, ordinary wear and tear and damages by the elements excepted. And it is further agreed, that in case the said premises shall be damaged by fire so as to be rendered untenantable, a just abatement of said rent shall be made until the said premises shall be repaired by said party of the first part. And the said party of the first part doth hereby covenant that said party of the second part, truly performing all his covenants afore- said, shall quietly occupy said premises during said term, without lawful let or hindrance from any person. In witness whereof, said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed, etc. The foregoing form may be modified to conform to the agreement between -the parties, either by omitting or changing some of the covenants, or adding some of those following: COVIEINANT TO PAY 'DAXES AiND ASSESSENTS. That the said party of the second part, his executors, adminis- trators and assigns, will yearly, and every year during said term, promptly pay and discharge all taxes, assessments and levies, ordi- nary and extraordinary, which at any time during said term shall be taxed, levied, assessed or imposed on said premises, or any part thereof, or on the owners thereof on account of the same. LESSEE'S COVENANT TO KiEE:P EST RB3PAIR. That the said party of the second part, his executors, adminis- trators and said assigns, shall and will during said term, at his and The Legal Bights of Women 253 their own cost, keep the said demised premises and the buildings thereon situated, in good and tenantable repair, etc. LESSOR'S COVIBNANT TO REPAIR. That in case said premises, or any part thereof, shall be destroyed or rendered untenantable by flre or other inevitable accident, that the said party of the first part, his heirs and assigns, will repair the same within days after request in writing from said party of the second part, his executors, administrators and assigns, and in case of his default, or neglect so to do, said party of the second part, his executors, etc., may make such repairs and] recover the same from said party of the first part, etc., or retain the cost thereof out of the rent hereinafter reserved as the same shall become due and payable, or the said party of the second part, his executors, etc., may, at his or their option, determine this lease and surrender up said premises, pay- ing the rents herein reserved up to the time of such fire or accident. In a farm lease the following covenants may be used: OOVEINiAINT IN iFIAiRM IMAjSE. That the said party of the second part, his executors, adminis- trators and assigns, will not carry off from said demised premises any hay, straw, grass, dung, soil, or compost thereon made or grown during said term, but the same will fodder, spread, use and employ on said premises. OOVIEJNlAINT THAT LESSEiE MAY ERECT BTJELDllNGS. That the said party of the second part, his executors, etc., may, at their own proper cost, erect and complete upon said premises a dwelling house (or other building, describing it particularly), and the same at all times during said term may occupy, keep and maintain in suitable repair, and the same remove from said premises at any time prior to the termination of this lease, said party of the second part, his executors, etc., leaving said premises in the same condition as they were in before said building was erected. COVENANT PliBDGIiNG BUlLDINGiS AS SECURITY FOR RENT. And the said party of the second part hereby pledges and binds all the buildings and other improvements now made or hereafter to be erected and made on said premises, for the payment of the rent hereinbefore reserved, and of all taxes and assessments ordinary and extraordinary which may be levied, assessed or imposed on said premises, or any part thereof, during the continuance of this lease. 254 The Legal Bights of Women and the said buildings or improvements or any part thereof shall not be sold or removed from said premises without the written consent of said party of the first part, his heirs and assigns, nor until all arrears of rent, if any, and all taxes and assessments shall have been paid as aforesaid. COVBNiANT THAT LESSOR MAY PURCHASE BUILDINGiS. That the said party of the first part, his heirs and assigns, shall and may have the right and option, if he or they choose, to purchase the buildings and Improvements that said party of the second part shall during said term, erect on said premises, at such fair and rea- sonable price as shall be determined by two fair, judicious and dis- interested men to be selected and agreed upon by the said parties hereto; and if the two so selected shall be unable to agree, then they shall select a third fair, judicious and disinterested man who is familiar with the cost and worth of such buildings and improvements and the value of said buildings and improvements as certified by two of said men, so selected, shall be the price at which said party of the first part may purchase said buildings and improvements, and upon the payment of said sum to the said party of the second part, his executors, etc., he or they shall convey said buildings and prove- ments to said party of the first part. COVB3NANT AG.AIN1ST SUBLETTING. That the said party of the second part, his executors, etc., shall not at any time during said term, assign or set over, underlease or underlet the said demised premises, or any part thereof, or in any other way part with the possession or occupation of said premises or any part thereof, without the written consent of the said party of the first part, his heirs or assigns first had and obtained. ASSIGNlMEflSTT OF LEiASE. Know all men, that I, A. B., of in consideration of , in hand paid by C. D., of do hereby grant, assign, transfer and set over to said C. D., his executors, adminis- trators and assigns, the (within described premises, If the assignment is by endorsement on the lease) following described premises, which I now hold as tenant of one E. F., of , under and by virtue of a certain indenture of lease made and entered Into on the day of by and between the said E. F. and this grantor (here describe the lease fully, and If It is recorded refer to the record. The Legal Bights of Women 255 book and page), as by said lease, to which reference is hereby made for a more particular description thereof, will more fully appear, viz: (Here describe the premises.) To have and to hold the same, with the privileges and appur- tenances thereof, to said C. D., his executors, administrators and as- signs, in as ample a manner as the same is conveyed to me, or as I might hold and enjoy the same by virtue of the provisions of said lease, he, the said C. D., his executors, administrators and assigns, paying the rents and performing the covenants therein contained on my part to be paid and performed. And 1 do hereby covenant with said C. D., his executors, admin- istrators and assigns, that 1 have good right to assign said premises for and during the residue of said term, and that the said €. D., his executors, administrators and assigns may at all times during the residue of said term, hold and enjoy the same, without any legal let or hindrance of me, my executors and administrators, or of any per- son or persons claiming by, through, or under me or them. In witness whereof, etc. CHAPTER XV. INSURANCE. It is very important that property which may be damaged by fire should be protected by insurance, and while the taking out of insurance is a very simple matter, still there are certain things which should be understood in connection therewith. The party who takes out the insurance, that is to whom it is payable in the first instance, is called the insured. The company that issues the policy is the insurer. The property insured should be described in the policy with sufficient accuracy, or if personal property the place where it is situated should be so definitely described as to enable the property to be identified in case of loss or damage. If there is more than one policy, or policies issued by dif- ferent companies covering the same property the property should be described alike in all the policies. If there is more than one policy covering the same property, issued by different companies, all policies should contain a provision authorizing other insurance, otherwise all the policies will be void and the insured will not be able to collect in case of loss. The insurance must be taken out in the name of the person who owns the property or who has an insurable interest there- in. The person who applies for the insurance should inform the agent of the company, just exactly what his or her interest is in the property to be insured, otherwise a policy may be secured which is absolutely void. A person who loans money on a mortgage of property which is insured must have the policy or policies assigned to him and 256 The Legal Bights of Women 257 then take them immediately to the agent and have the proper entries and endorsements made. This is very important for the reason that if the property be damaged or destroyed by fire between the time the mortgage is given and the time when the assignment of the policies are accepted by the company through its agent, the company could not be compelled to pay the loss. Insurance should be for an amount reasonably sufficient to cover a probable loss but should not be for an excessive amount. The company is not bound to pay the full amount of the policy unless the insured is able to prove that the loss was actually equal to the amount of the policy. Insurance policies contain certain provisions in relation to notifying the company in case of loss; to proving or determin- ing the amount of loss; what property is not covered by the policy and prohibiting the keeping of certain explosive and inflammable articles on the premises. The insured should care- fully study all the provisions of the policy and comply with them strictly. When the policy covers household goods, or a stock of goods or any other personal property which comprises a variety of different articles, the insured should have a complete inventory with the cost of each article for reference in case of fire. This inventory should be kept in a safe place outside the premises where the property covered by the policy is situated. A safety deposit box is recommended. If the loss occurs to a dwelling house or other building, the company may, under some policies, repair or rebuild the struc- ture, putting it into the condition it was before the fire if it prefer to do so. It is not bound to pay the amount of the loss in money, but it may do so, or repair, as it may elect. In the event of a fire, the insured is bound to do what is possible to save and protect the property. After the fire, the insured should not remove or dispose of personal property upon which he expects to prove a loss, until the loss is adjusted or 258 The Legal Bights of Women other arrangements are made with the company for the dis- position of the property pending the adjustment. But in the meantime it is the duty of the insured to protect the prop- erty from theft and damage by the elements so far as it can reasonably be done. Great care should be taken to see that insurance policies are renewed before they expire. The date of expiration is always plainly shown on the policy and all policies expire at noon of the day of expiration. If a fire occurs even a few minutes after the policy has expired, the company wiU not be liable for the loss. "When goods are about to be removed from one house to an- other, or from one store to another, the policy should be taken to the agent and made to cover the property when placed in the new premises. The company will not be liable for loss except while the property insured is in the identical place authorized or described in the policy, even though it be in another flat or apartment in the same building. If a building which is insured becomes vacant and is to re- main vacant for a longer period than the policy allows with- out notice, which is usually fifteen days, the agent of the com- pany should be notified and a vacancy permit secured, other- wise the company will not be liable for loss occasioned by fire while the premises are vacant. Vacancy permits are usually issued for three months and if the vacancy continues longer than that time, the permit should be renewed. Fire insurance policies permit minor repairs to be made to the premises insured without the owner giving notice to the company ; but if extensive alterations or repairs are to be made, the policy should be taken to the agent and a permit endorsed thereon. Adjusting Losses. Every policy of fire insurance contains certain provisions and requirements relating to the duties of the insured in the event of a loss by fire and the method of The Legal Bights of Women 259 proving the loss. These are somewhat complicated, but the company has the right to demand and insist upon their being strictly complied with as they are a part of the contract between the company and the insured; but in actual practice they are not often insisted upon or demanded unless serious friction or disagreement arises in adjusting the loss, or there are suspicious circumstances surrounding the origin of the fire or the conduct of the insured since the fire. Most if not all the states now require fire insurance com- panies to use a standard form of policy and where this is the case, all policies are alike as regards the requirements referred to, no matter by what company they may be issued. It is very important that the person who has sustained a loss should care- fully study these requirements in order to be informed as to what the company may require. Immediately after the fire, the insured must notify the com- pany. This notice is usually given to the local agent of the company and is sufficient unless the company refuses to recog- nize the authority of the agent, which it can not legally do if the person who is acting as agent is the agent in fact of the company. The insured should then separate the damaged per- sonal property from that which is not damaged and use all reasonable means to protect it from loss or damage by the ele- ments. A complete list of the property which is damaged or destroyed should be made with the value of each article, as it was before the fire. By value, is meant the real value, not the value of the article when new, nor any special value which may attach to it from sentimental reasons. In this connection it should be remembered that the policy covers only the articles specifically described therein. Money, securities of all kinds and similar things are never covered. Jewelry, pictures, bric-a-brac and things of this nature are not covered unless specifically mentioned in the policy. Therefore 260 The Legal Bights of Women in making up the list above referred to all articles not covered by the policy should be omitted. The company will send an adjuster who will endeavor' to ascertain the amount of the loss and to arrive at an agreement of the amount to be paid by his company. If the property is covered by policies issued by more than one company, each company may send an adjuster and they usually work together in ascertaining the amount of the loss and determining the amount to be paid. If the insured and the adjusters agree upon the amount, the loss is then and there adjusted and an agreement covering the terms of the settlement is signed by the adjusters in behalf of the companies and by the insured. The companies have sixty days in which to pay the loss, but will some times pay immediately upon the insured allowing a small percentage for cash. Adjusters are usually men of large experience, who are cap- able of quickly reaching a pretty accurate knowledge of the amount of the actual loss and whether the insured is acting in good faith or is trying to pad the loss by placing fictitious or inflated values upon the property damaged or destroyed. Naturally they will endeavor to adjust the loss at as low a figure as possible, but if they are satisfied that the amount in- sisted upon by the insured is fair, they will usually come some- where near his figure, rather than resort to arbitration or ap- praisal, or possibly drive the insured and his company into litigation. If on the other hand, the adjuster is satisfied that the in- sured is not acting in good faith, or is trying to secure an amount to which he is not entitled and refuses to accept a really reasonable ofEer, he will than fall back on the policy and demand a strict compliance with all of the terms thereof, which will eventually lead to arbitration or an appraisal, which not infrequently results in the insured finally receiving less than could have been secured through the adjuster. The Legal Bights of Women 261 Arbitration, or appraisal as it is termed in some policies is compulsory if demanded. The insured cannot refuse to sub- mit thereto and then sue the company; but if the company refuses or does things which the law regards as a refusal, the insured may then bring suit if he has himself complied with all the provisions of the policy relating to proof of loss so far as they relate to him, or the company has, by its acts, excused him from so doing or has waived such strict compliance. The arbitration is conducted as follows : the insured selects an appraiser, the company selects an appraiser and the two so selected choose a third person who is the umpire. The two appraisers then proceed to place a valuation upon the property or to fix the amount of the damage sustained by the insured. If they cannot agree, the umpire is called in and the decision of any two of them is the prima facie value of the property destroyed or of the amount of the loss sustained. The insured has the right to have the property appraised by competent and disinterested persons. A person is not com- petent who does not have sufficient knowledge of the value of property such as he is called upon to appraise as to be able to form a fairly accurate judgment of such value and of the loss or damage sustained. A person is not regarded as being dis- interested if he is an employee of the company, nor if he stands in such relationship to the company or its agent as to naturally warp or influence his judgment in their favor. As a rule, the insured may sue the company if he is not satisfied with the amount fixed by the appraisal. This is especi- ally true if the appraisers acting for the company were not competent or disinterested or if their finding was brought about by fraud or fraudulent influences or practices, or the award is so inadequate as compared with the actual loss and considering the amount of insurance as to be deemed by the courts to be fraudulent. We do not wish to be understood as implying that the right to sue after a submission or arbitration is confined to the 262 The Legal Bights of Women grounds above stated. This may depend upon the wording of the policy, or the wording of the agreement under which the arbitration was conducted, or upon the laws of the state where the transaction occurs. Therefore, this branch of the subject now becomes so deeply involved in legal technicalities, that a further discussion of it here would be of no value or assistance to a layman and the services of a lawyer who is well versed in the law of fire insurance should be secured by any one who is so unfortunate as to become so deeply involved, in his efforts to adjust his loss. As a rule, no serious difficulty arises in adjusting a loss, where there is no suspicion as to the origin of the fire and the insured does not create the impression that he is not proceeding in good faith in proving his loss. Women, as a rule are not familiar with property values and if it becomes necessary to prove a loss, the wisest plan is to secure the advice and assistance of a level headed, competent business man whose knowledge and judgment of values will have weight. Care should be taken, however, not to select a pugnacious or arbitrary man as he may do far more harm than good. The services of a lawyer will usually be of little assistance, at least at the early stages of the proceedings, though he may be consulted in relation to the proper course of procedure or called upon to see that proofs of loss are properly made and certified if this becomes necessary. The impression may arise from reading this chapter, that fire insurance is more precarious to the insured than to the com- pany and that the great amount of detail in connection with the proof of a loss makes it very difficult for the insured to secure a fair settlement, but this is not so in practice. Policies of insurance are issued to all kinds of people, some of whom are not honest. The companies know they may be, and they are frequently called upon to adjust and pay losses which there is every reason to believe are fraudulent. When this occurs their The Legal Rights of Women 263 great protection lies in their right to demand strict compliance with all the terms of the policy and it is to afford this protec- tion that these requirements are incorporated in the policies issued in and approved by the insurance departments of many states. In the great majority of cases, the loss is adjusted and paid promptly and upon a reasonably fair and in many cases upon a liberal basis. Life Insurance. Policies of insurance upon the life of an individual are issued in many forms but it will be necessary to discuss only the forms known as a straight life policy, that is, a policy which becomes payable upon the death of the person insured ; Endowment Policies and Life Income Policies. A life insurance policy is an agreement whereby the insur- ance company promises to pay to the person or persons named therein, a certain sum of money upon the death of the person insured, in consideration of certain payments made or to be made to the company, by or in behalf of the person insured. If a man takes out a policy which is made payable to his estate or to himself, or as he may direct by will, the company wiU pay the amount due upon the policy at the time of death of the insured, strictly in accordance with the provisions of the policy, unless some other legal right has intervened. For ex- ample, if the company has loaned money on the policy, it will retain the amount of such loan and the interest and pay over the balance; or if the policy or an interest therein has been assigned with the knowledge and consent of the company, the rights of the assignee will be protected and the balance, if any paid over as directed. If the policy is payable to the insured or to his estate, the money will be paid to the executor of his will or the adminis- trator of his estate and it will then become liable for the pay- ment of his debts, except in states in which the money due upon a policy upon the life of the husband or father, or some portion thereof, is exempt in favor of the widow or children or both. 264 The Legal Bights of Women . If the policy provides that it shall be payable as may be directed by the will of the insured, such directions will be followed if there is a valid will duly admitted to probate, other- wise it will be paid to the administrator of the estate. Where the money is paid into the estate, it will be dis- tributed in accordance with the laws governing the distribution of personal property in the state in which the insured had his domicile at the time of his death. If the husband, being the insured, be adjudicated a bankrupt, all policies upon his life in which he has an interest that was transferable by him at the time of the bankruptcy passes to his trustee for the benefit of his creditors unless the policy is exempt in favor of the wife and children of the bankrupt by the laws of the state in which he has his domicile. A policy which is payable to himself, or to his estate, or as he may di- rect by will, goes to the trustee of the bankrupt, but if it is payable to the wife or children or both, the trustee cannot claim any interest therein. The bankruptcy laws provide, however, that "When any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate or personal rep- resentatives (meaning his executors or administrators), he may within thirty days after the cash surrender value has been as- certained and stated to the trustee by the company issuing the policy, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own and carry such policy free from the claims of the creditors participating in the distribu- tion of his estate under the bankruptcy proceedings, otherwise the policy shall pass to the trustee as an asset." The policy may have a value to the insured far beyond its cash surrender value for many reasons. The cash surrender value of a policy is the sum which the company would pay to the insured if he surrendered the policy for any reason, which is usually a comparatively small sum, depending in amount upon the number of years the policy has been in force and the The Legal Bights of Women 265 amount of premiums paid. The insured if he takes out a new policy will have to pay a higher annual premium by reason of being older than when he took out the original policy, or his physical condition may be such that he can no longer secure a policy upon any terms. The bankruptcy laws therefore per- mit him to retain all the advantages accruing under the orig- inal policy upon payment of cash surrender value as above set forth. The question of life insurance is of the most vital and im- portant character. Its object is to provide a fund for the bene- fit of the widow and children in the event of the death of the husband and father, or to provide a means of support during old age by means of some form of endowment policy. There- fore the wife should induce her husband to have his policies payable to her, thus protecting them against the claims of cred- itors, either during his lifetime or after his death. An endowment policy is one which provides for the payment of a certain sum of money when the person insured reaches a certain age or upon a certain date fixed by the policy, or upon his death should it occur before the time fixed by the policy for the payment thereof. This is a very popular form of policy but it is much more expensive than the regular life policy which is payable only upon the death of the insured, therefore a man of moderate means who wishes to make a provision for his widow and children, should take the straight life policy. Every life insurance company issues a variety of policies under different names. The straight life policy is substantially the same in all companies but many of the other policies are so complicated in their provisions that they are difficult to un- derstand and it is not at all unusual for a man to take out a policy which he did not intend to take and does not want. Be- fore taking out a policy a printed form of the policy recom- mended should be procured and all of its provisions and condi- tions carefully studied. If they are not thoroughly understood the agent should be requested to explain them and if there 266 The Legal Bights of Women still remains a doubt, the policy should be submitted to some one who is disinterested and capable of advising. Taking out insurance is a serious matter and it should be done with delib- eration and with a full understanding of the terms and condi- tions of the policy. The time to find out and understand what a policy is and what it means is before it is issued to and ac- cepted by the insured. Repkesentations. The person who is about to take out a policy of life insurance is required as the first step, to sign an application in which the form of the policy to be issued is described. Care should be taken to see that the policy de- scribed is the one wanted. The application when completed will contain a very full statement covering the age, past and present condition of health of the applicant, the ages of his parents and if both or either of them are deceased, their age at the time and the cause of death; the habits and occupation of the applicant and numerous other things which the company wishes to know and consider in determining whether it will issue the policy. This application becomes a part of the con- tract of insurance ; the policy is issued upon the condition that all of the statements contained in the application are substan- tially true and if they are false in any substantial particular, the company may be able to successfully resist payment of the policy if payment becomes due before the expiration of the time after which, by the terms of the policy or the laws of the state, the policy becomes uncontestable. It is very important therefore, that every statement contained in the application be true. Applicants not realizing the serious effect of a misstate- ment may make false representations through carelessness or ignorance, but the legal effect will be the same as though made intentionally. If the applicant is doubtful about the answer to be made to any question he should take time to ascertain the facts so that the statements made in the application may be truthful. The Legal Bights of Women 267 After the policy is issued the insured should see that the premiums are paid promptly when due. The company will send a notice to the insured some time before the premium is due. If the insured changes his residence to another place he should notify the company of his new address so it may know where to send notices. The insured should, however, keep track of the time when premiums are payable and pay them whether notices are received or not. Failure to pay the premium when due or as provided by the policy will cause serious inconven- ience and may result in the forfeiture of the policy. If the insured is not able to pay the premiums he may be able to bor- row money of the company with which to pay them. This is especially true where the policy has been in force several years. Or if he prefer to do so he may, when the policy has run a certain number of years, surrender it and receive either its cash surrender value in money or a paid up policy as he may elect. The amount of such paid up policy will depend upon the form of the policy surrendered, the time it has been in force and the amount of premiums paid. Such paid up policy will become payable at the time when the original policy would have matured unless some other form of insurance is taken, and will be paid to the person or persons named as beneficiaries in the original policy unless the paid up policy direct otherwise. Proof of Loss. When a policy becomes due by reason of the death of the insured, the person or persons named therein as the beneficiaries are required to notify the company and make proof of the death of the insured in the manner prescribed by the policy; and the company has the right to insist wpon a strict compliance with all these conditions. The local agent of the company will usually assist in preparing proofs if requested and as a rule the policy will be paid promptly. Life Income Policies. There is a very satisfactory form of policy which provides for the payment of a certain sum of money each month after the death of the insured- during the life of the beneficiary to whom the income is made payable. 268 The Legal Bights of Women These policies may be taken out in favor of a wife or children or any other person dependent upon the insured and from the death of the insured, the company will send a check for the monthly income to the beneficiary direct, no matter how many years she may live; or if the beneficiary should die before she has received the income for twenty years the company will con- tinue to pay the income to her children or to whom she may direct, until the company shall have paid the income to some one for twenty years. Under such a policy, even though the insured should die after having paid but one annual premium, the income will become payable just the same as though he had lived many years and paid many premiums. The writer has before him a life income policy issued by one of the safest and best companies which will be used as an illustration of the benefits to be derived from such a policy. This particular policy provides for a monthly income of fifty dollars during the life of the beneficiary, or if she should die before this income has been paid for twenty years, the in- come will be continued until the company shall have paid the income, either to the original beneficiary or as she shall direct, or to her estate for a period of twenty years. In this policy the husband was thirty-five and the wife, the beneficiary, thirty years of age when the policy was issued. The annual deposit was $290.40, a sum which any man of fair earn- ing powers should be able to pay; and the investment of this amount annually in purchasing a policy such as we have de- scribed will secure far greater benefits than could possibly re- sult from the deposit of an equal amount in a savings bank or an investment in any safe security. This policy is also entitled to participate annually in the distribution of the surplus of the company as ascertained and apportioned by it. This distribution is in the nature of, or is termed the payment of a dividend. The Legal Bights of Women 269 This dividend may be drawn in cash; or applied to reduce the amount of the annual deposit; or used to purchase addi- tional insurance; or left to accumulate at 3% interest com- pounded annually and payable at the maturity of the policy; or the accumulation may be withdrawn in cash upon any anni- versary of the date of the policy. It will be seen therefore that this Life Income Policy has many advantages over the ordinary life, or in fact of any other form of policy as it affords a safe and sure income of which the beneficiary cannot be deprived by misfortune or unsafe or un- profitable investments. If the insured cannot afford to provide so large an income, he may secure a smaller one by making a proportionately small- er annual deposit; if he wishes to provide a larger income he may do so by making a proportionately larger annual deposit. If a separate income is desired for the widow and one or more children or other dependent, it may be accomplished by taking out separate policies in favor of the persons to whom the in- come is to be paid. To summarize therefore, the man of small means will prob- ably find the straight life policy the most satisfactory method of making a provision for his widow and children. If the ob- ject is to provide a fund for the benefit of the insured and his family during his life time (such policy becoming payable upon his death before the maturity thereof), some form of endowment policy should be secured; but if the object is to secure a safe and sure income for his widow or children, or both, a Life Income Policy such as we have described will accomplish the desired result. Life insurance is no longer regarded as a luxury, but as a necessity. Men of great wealth, realizing that their fortunes may be swept away by panics >or business reverses, have real- ized the expediency of securing a competency during old age, or making a provision for those who are dependent upon them through the medium of life insurance, and many of them carry 270 The Legal Bights of Women policies aggregating hundreds of thousands of dollars. It is not uncommon for ofScers of corporations and men whose business depends largely upon their influence and active management, to take out policies for the benefit of the business in which they are such an important factor, to carry it through the period of uncertainty which always follows the death of such a man. Other men are realizing that they are able to make a better, safer and more satisfactory provision for their families through the medium of life insurance, than in any other way and are more and more availing themselves of this method. The business of life insurance is now regulated by state laws, enacted for the protection of policy holders. As a rule, any company authorized to do business in a given state is finan- cially sound, reliable and fair to its policy holders and their beneficiaries. If it becomes apparent that any company is not so, its license to do business will be withdrawn. Prudence will dictate, however, that in taking out a policy, the history of the company, the length of time it has been in business, its assets and reserve for the payment of its policies and the performance of its contracts, as well as its general reputation for fairness to its policy holders, or otherwise, should be considered. Life Insurance by Women. There was a time when very few companies issued policies upon the lives of women, although some companies have always accepted them as risks after reach- ing the age of forty-eight years upon the payment of five dol- lars per thousand in excess of the premium paid by men of the same age. Some companies still adhere to this rule, but now, many of the best and strongest companies issue policies upon the lives of women upon equal terms with men. An unmarried woman may provide for her support in old age by means of an endowment policy; if she has parents, or brothers, sisters or others dependent upon her, she may pro- vide for them by means of a life policy, or by a life income policy. The Legal Bights of Women 271 The married woman may avail herself of the same privilege and if she does not feel the necessity of providing for herself or those who may he or may become dependent upon her, she may take out a policy for the benefit of some charity or philan- thropic work in which she may be interested, and this is often done by wealthy women. An important fact to be remembered is, that the annual premium will be less upon a policy issued to a young person, than it would be upon the same policy issued to an older per- son ; but when the rate of premium is once fixed by the policy It does not increase with the age of the insured, indeed it may under some forms of policies, gradually diminish; and under practically all forms of policy except the tontine form, the annual premiums may be reduced by applying the dividends, which usually increase each year, to the reduction of the premium. Accident Insurance. There is still another form of insur- ance, under which the insured may secure to his beneficiary in the event of his death from accidental causes, or to himself in the event of an accidental injury not resulting in death ; or by reason of illness of a nature covered by his policy, the pay- ment of a certain sum of money as an indemnity, and there are many strong and reliable companies writing this form of insurance. Policies of the various companies are very similar in form and the premiums do not vary greatly where the policies cover the same risks and afford the same indemnity. Accident policies cover death by reason of accident and any thing in the nature of an accidental injury, and are usually so written that the amount which will be paid in certain events is clearly stated. The policy usually provides for the payment of a definite fixed sum in the event of accidental death, and some policies have a provision that in the event of death caused by an accidental injury while a passenger in a public convey- 272 The Legal Bights of Women anee or under certain other circumstances a greater, and some- times a double amount will be paid. For accidental injuries that do not result in death, certain other fixed amounts are promised; for the loss of an eye, arm, leg, hand or finger certain fixed sums are payable; for the loss of both eyes or both hands, or both legs, or both feet; one arm and one leg, and numerous other combinations of injuries cer- tain fixed sums are payable. For accidental injuries which do not result in death or the loss of one or more members, there is a provision for the pay- ment of a certain weekly indemnity for a certain number of weeks, while the injured person is confined to his house, with a lesser amount for the time during which he is only partially confined to his house. Some of these companies issue policies that provides for cer- tain payments while the insured is confined to his house by illness, if such illness is of a nature covered by his policy. Some policies cover the cost of medical treatment and provide for the payment of certain fixed sums in addition to the other indemnity, for surgical operations, and the wages or salary of the insured while absent from his employment by reason of such illness or operation. The applicant for any of the formis of policy above de- scribed is required to sign an application and answer certain questions as in an application for a life policy, and the appli- cant should answer all these questions truthfully ; if he does not do so his policy may be void. No medical examination is re- quired as a rule. The policy should be carefully studied before it is accepted in order that the insured may fully understand what indemnity it actually secures to him, and whether it affords the kind of indemnity best suited to his needs. There is probably more misunderstanding about accident and health policies than about any other from of insurance and it often happens that the insured does not discover the true The Legal Bights of Women 273 meaning of his policy until he makes a claim thereunder, when he may find that his policy does not caver the particular form of illness or accident as that of which he is a victim; or that he has done or omitted to do something that bars him from re- covering or receiving the benefits to which he supposed himself to be entitled. It is very important therefore, that every provision of the policy should be studied and understood. The insured should be able to know positively what the company will do under every circumstance and condition that may arise in connection with every branch of indemnity or benefit provided for by the policy and exactly what the insured may or should do in the. event of sickness or disability. The company has the right to and it usually will demand that every condition of the policy shall be strictly complied with by the insured. If the policy provides that notice of in- jury or illness shall be given in a certain way or to a certain person or at a certain time, the insured must comply with such provisions as they are a part of the contract and ignorance of these conditions will not excuse the performance of them if the company elects to take advantage of any failure upon the part of the insured to comply with them, unless the company has by its own act or the act of its authorized agent, done something which wiU be construed by the courts or the law as a waiver of such strict compliance upon his part. We do not wish to reflect upon the honesty or integrity of accident companies or to discourage the reader from taking out a policy of accident or health insurance; such companies pay out annually to policy holders large sums of money; and the great majority of policy holders find their dealings with such companies entirely satisfactory; but in order that such relations may be satisfactory the policy holder must know ex- actly as to what he will and what he will not be entitled to re- ceive under given conditions and what he must do and how and when it must be done, to insure him in receiving the bene- 274 The Legal Bights of Women fits to which his policy entitles him. With this knowledge he will be able to secure his just dues without friction or delay. There are so many forms of accident and health policies that anyone who is desirous of securing indemnity of this nature will be able to select the form that seems to be especially adapt- ed to his needs and circumstances, and at a price within his means; but the person who is seeking insurance should com- pare the various policies issued by the reliable companies and select the one which appears to be the most satisfactory, all things considered. Where a person is injured through the negligence of any person or corporation while carrying an accident policy, he may recover the benefits accruing to him under his policy and also have a good cause of action against the person or corpora- tion whose negligence caused the injury, and the fact that the injured person may collect indemnity under his policy will not as a rule be considered in determining the amount of damages that may be awarded in a suit to recover therefor. In this connection it may not be improper to warn persons who may be injured through or by the neglect of others against making hasty or ill advised settlements of claims for damages. The person injured may be called upon by a claim agent repre- senting the party at fault soon after the accident, who will en- deavor to secure a settlement for a small sum, but the injured person should refuse to entertain or discuss any proposition for settlement until the full nature and extent of the injury is determined and what its effect will probably be. CONCLUSION. As we bring this work to a close we feel that the object for which it was written has been accomplished and the end sought has been attained. The purpose has been to state what the law is upon certain subjects and to avoid as far as possible any discussion as re- gards the reasons why the law is as it is, or why it is not other- wise ; in short to show what the legal conditions are under given circumstances and as they are applied to certain facts; and not to attempt to enter upon any discussion of the reasons why the laws are as they are or of how they may be amended or modifi- ed in order to bring about difiEerent conditions or produce bet- ter results, as such a discussion would not be conducive of any practical good. As we have shown, the common law of England was intro- duced into this country by the early colonists, and after the separation of the colonies from the mother country the com- mon law became the common law of this country, and still re- mains in force except as modified by statutes in all of the older states, and even in states in which it is not in force, the law- makers were so impregnated with the doctrines of the common law that they were, perhaps unconsciously, greatly influenced thereby in shaping legislation. The result of this influence is seen in the laws of every state to a greater or less degree, not only in respect to the en- actments relating to the legal status of women, but in many other respects; but modem ideas and new conditions are creat- ing a demand for a more liberal policy in shaping the laws and this is more and more relegating the common law and its theories and doctrines to the back ground. In this movement 275 276 The Legal Bights of Women the women of our country are and have been an important factor. Under our form of government the people rule ; all power is vested in them and they have the power through their represen- tatives in Congress and in the Legislatures of the several states to enact laws which will keep pace with the march of progress. If their representatives do not respond to and comply with the popular demand, the remedy lies with the people who may retire them from office by refusing to re-elect them. The reader who is desirous of informing herself further upon the theory of the law and of the great underljdng princi- ples upon which our system of laws is founded my read with interest and profit, certain chapters of Blackstone's Commen- tarries, especially those relating to the rights of persons and property; and Kent's Commentaries which relate more par- ticularly to the American government and American laws. These works will be found in most Public Libraries and they are especially recommended to the careful study of the enlight- ened reader. But it should be remembered that while the study of these great works is recommended, they should be read with a view of obtaining information in relation to the great underlying principles of law and that they do not enlighten us as to what the law is today. They are simply the history of the ancestor from whom our laws have sprung and from whom we have inherited many of the characteristics which appear in our modern laws. And now that the last word is written, we respectfully sub- mit our work to the favorable criticism of the intelligent women of the land and bespeak for it a kind and favorable reception ; and for the Author full absolution for errors either of omission or commission. INDEX INDEX Absolute divorce, defined. 118 Abstract of title to property, by whom furnished, 189, 191, 192 examination of, 189, 191 Accident insurance, suggestions relating to, 271, 272, 273, 274 Accidental destruction of will, effect of, 185 Accounts, keeping of, necessity for, 202, 203, 204 bank account, how kept, 198, 203, 204 Action for breach of promise of marriage, 35 Adjusting fire losses, suggestions relating to, 258, 259, 260, 261, 262 Administrator, unmarried women may act as, 34 Administration upon estate of deceased husband; widows right in re- lation thereto, 72, 73 Adultery as grounds for divorce; see laws of the several states under title Divorce, Chapter VIII, page 118 et. seq. Agent, principal and, 230 how appointed, 236, 237 general, who is and powers of, 232, 233 special, who is and powers of, 232, 233 liability of principal for acts of agents, 231, 232, 233, 234 liability for unauthorized acts of, 231, 232, 233, 234 selection and appointment of, 230, 231, 233 compensation of, 234, 235, 236 caution in relation to dealing with, 240 revocation of powers of, 236, 237 ■2H9 280 The Legal Bights of Women Agency, how created, 230, 231 various forms of defined, 232 how terminated, 236, 237 Alimony, permanent defined, 165 temporary defined, 165 N. B. !For information in relation to this subject see snyopsis of divorce laws of state in which information is desired. Chapter VIII, pages 118-168 Alabama, divorce laws of, 119 dower, laws relating to, 78 separate property of married women, laws relating to, 46 Alaska, divorce laws of, 119, 120 dower, laws relating to, 78, 79 separate property of married women, laws relating to, 47 Allowance for support of widow and children, 75, 113, 114 Alterations, rights and liabilities of tenants in relation to, 250 Ante-nuptial contracts, nature and purpose of, 41 dower, when barred by, 41, 44, 76 what woman surrenders by means of, 44 when may be set aside for fraud, 42 Arizona, divorce laws of, 120, 121 dower, substitute for, laws relating to, 79 separate property of married women, laws relating to, 47, 48 Arkansas, divorce laws of, 121, 122 dower, laws relating to, 79, 80 separate property of married women, laws relating to, 48 Assignment of dower, or widow's share of property of husband, 114-117 see laws of state in which property is situated, under Chapter VII, pages 76, 117 Attorney, relation between and client defined, 241, 242 extent of authority, of, 242 employment of by agent, 242 liability of to client, 242 business dealings with, 243 communications, to when confidential, 243, 244 compensation of, 244 termination of relation of attorney and client, 244 The Legal Bights of Women 281 Attorney, Power of. Written instrument so called, 231 nature and effect of instrument, 231 should be recorded, when, 231 may be revoked, when and how, 237, 238 form of, 238, 239 B Banks and banking, 196, 197, 198 National, state and private described, 196 opening accounts with, 197 checks on, form of, 197 Bank stocks as an investment, 198, 199 Bank stocks, holders of liable to assessment, 199, 200 Bankruptcy, effect of upon life Insurance policy payable to bankrupt or to his estate, or as he may direct, 264 law in relation to redeeming such policies, 264, 265 Beneficiary under life insurance policy, who is, 265, 268 duty of in relation to proof of loss, 267 Bill of sale, form of, 222 Bonds, different classes of described, 192, 193 as an investment, 192, 193, 210 earning power of, 211, 212 registration of, reason for and effect of, 212, 213 Bond of executors, when may be waived, 182 Breach of promise of marriage, action for, 35 damages that may be recovered in, 36, 37 Business, women in, 214 married women, right of to carry on in her own name, see Chapter V, page 45, also Chapter XII, page 214 purchasing an established business, suggestions in relation to 217, 218, 219 good will defined, value of how determined, 219, 220 title to business, importance of looking into, 220, 221 business principles, discussion of, 222, 226 282 The Legal Bights of Women California, divorce laws of, 122, 123 dower, provisions instead of, 80 separate property of married women, laws relating to, 48 Caution against illegal attempts to secure divorce, 162, 163 Chattel mortgage described, 190 value of as an investment, 192 Checks on banks, how drawn, 197 form of, 197 how endorsed and effect of endorsement, 197 Child, good of sole consideration in awarding custody of as between parents, 164, 165, 169, 170 Children, legitimate and illegitimate defined, 165, 171 legitimacy, how affected by decree for divorce, 165 custody of children as between parents, 164, 165, 169, 170 right of mother to custody of, 164, 165, 172 right of father to custody of, 164, 165 ' right of society in relation to, 170 support and education of, 164 guardianship of, 173 earnings of, who entitled to, 171 relinquishment of right to custody and earnings of, 171, 172 injuries to, who may sue to recover for, 173, 174 illegitimate, from whom may inherit, 171 Client, attorneys relationship with confidential, 243, 244 Codooil, defined, 176, 184 Colorado, divorce laws of, 123 dower, provisions instead of, 80, 81 separate property of married women, laws relating to, 49 Common law, women's conditions under, 27, 28, 29, 30 Common stock, defined, 194 Community property, what is, 76, 77 Connecticut, divorce laws of, 123, 124 dower, laws relating to, 81, 82 separate property of married women, laws relating to, 49 The Legal Bights of Women 283 Contracts of marriage, suggestions in relation to, 35, 36 nature and effect of, 36 Contracts not to engage In business, effect of, 219, 220 Contracts in contemplation of marriage, Chapter IV, 40-44 Covenants in deeds, nature and effect of, 188 Covenants to repair, effect of, 247 Conveyances, various kinds described, 188, 189 recording, necessity of, 189, 190 Credit, suggestions in relation to extending, 224, 225, 226 extending to minors, 226, 227, 228 Cumulative stock, described, 194, 195 D Damages, when may be recovered for seduction, 37, 173 for breach of promise of marriage, 36, 37 for defamation of character, 3:8, 39 for injuries to children, 173, 174 Debts of deceased husband, widow not bound to pay, 75 Deeds, warranty described and legal effect of, 188, 189 take effect when as against innocent purchasers, etc., 189, 190 quit claim described and legal effect of, 189 exceptions from warranty of deed, 190 Delaware, divorce laws of, 124, 125, 126 dower, laws in relation to, 82 separate property of married women, laws in relation to, 49, 50 District of Columbia, divorce laws of, 126 dower, laws In relation to, 82, 83 separate property of married women, laws relating to, 50 Divorce, see synopsis of the laws of the states as to causes for, term of residence required, the right to remarry, etc.. Chapter VIII, pages 118-168 distinction between absolute and limited, 118 validity of, upon what It depends, 162, 163 absolute divorce, legal effect of, 118, 163 limited, legal effect of, 118, 163 credit, what given by courts of other states to decrees of, 164 284 The Legal Rights of Women Dower, see synopsis of state laws, iChapter VII, page 76-117 Distributive share of widow in estate of husband, see synopses of laws under title, dower, distributive share, etc.. Chapter VII, pages 76-117 Dower, when barred by anti-nuptial contract, 41, 44 Dower, setting off or assignment of, 114, 115 Dower, assignment of a gross sum in lieu of, 116, 117 Election of widow, whether to take provision made by will in her favor instead of dower, or what the law gives her, 73, 186 when and how made, and how evidenced, 73, 186 Employers and employees, 227, 228 Endowment policy of insurance, defined, 265 benefits to be derived under, 265, 269 Estate of husband must be settled, where, 74 Executors, how nominated and appointed, 182, 183 bond of, when may be waived, 182 trust companies as executor, 183 Exemption of property from payment of debts, 224 Expediency of bringing an action to redress a personal wrong, 39, 40 Father, right of to custody of children, 169 how determined as against claims of mother, 169, 170 duty of, to support and educate children, 226 may appoint guardian of children by will, 173 The Legal Bights of Women 285 Fire insurance: general advice and suggestions in relation to, 256 policies of, 256 must be talien In the name of owner of property insured, 256 asBlgnment of policy, 256, 257 description of property Insured, 256 property which policy does not cover, 259, 260 renewal of policy, when should be done, 258 concurrent insurance, when permit for necessary, 256 vacancy permit, when necessary, 258 repairs, when permit for necessary, 258 proof of loss, 258 duty of insured in case of loss, 257, 258 loss, amount of how proved, 258 adjustment of loss, method described, 258, 259, 260 arbitration or appraisal, when company may demand, 261 method of conducting appraisal, 261 suit to recover loss, when right to commence accrues, 261, 262 First mortgages and first mortgage bonds, 190, 210 value of as an invesment, 190, 191, 210, 212 Fixtures, right of tenant to remove, 250 Florida, divorce laws of, 127 dower, laws relating to, 83 separate property of married women, laws relating to, 50 G General agent, powers and authority of, 232, 233 Georgia, divorce laws of, 127 dower, laws relating to, 83, 84 separate property of married women, laws relating to, 51 Good will of business defined, 219 value of how determined, 219 Grounds for divorce, see laws of the states, Chapter VIII, pages 118-168 286 The Legal Bights of Women H Historical, contrast between condition of women under the common law and under modem legislation, Chapter II, page 27 Husband, estate of must be settled when, 74 steps to be taken for settlement of estate of, 74, 75 I Idaho, divorce laws of, 127, 128 dower, provisions instead of, 84 separate property of married women, laws relating to, 50,51 Illinois, divorce laws of, 128, 129 dower, laws relating to, 84, 85 separate property of married women, laws relating to, 52 Implied agency, what constitutes, 231, 232 Indiana, divorce laws of, 129, 130 dower, provisions instead of, 85, 86 separate property of married women, laws relating to, 52 Industrial bonds as an investment, 210 caution in relation thereto, 210 Injuries to children, who may sue for, 173, 174 Insurance, Are, suggestions relating to, 256, 257, 268 adjustment of fire losses, 258, 259, 260, 261, 262 life, suggestions in relation thereto, 263, 265, 266 accident, suggestions in relation to, 271, 272, 273, 274 policies of described, 263, 265 policies of, how payable, 263, 264 life income policy described, 267, 268, 269 cash surrender value deiiijed, 264 premiums, suggestions in relation to payment of, 267 insurance by women, 270 Interest of widow in estate of husband. Chapter VII, pages 76-117 Introductory, Chapter I, pages 21-25 The Legal Bights of Women 287 Investments and management of property. Chapter XI, pages 187-213 various classes of investments described, 190, 192, 193, 194, 198 value of discussed, 193, 198, 199 caution in relation to making or changing, 196, 210 earning power of Investments, 211, 212 Investments to be avoided, 207, 208, 209, 2'10, 211 Iowa, divorce laws of, 130, 131 dower, provisions for widow Instead of, 86 separate property of married women, laws relating to, 53 Joint tenancy under iMichlgan laws, 140 Juvenile Courts, 33, 170 K Kansas, divorce laws of, 131, 132 dower, provisions for widow instead of, 86, 87 separate property of married women, laws relating to, 53 Kentucky, divorce laws of, 132, 133 dower, laws relating to, 87 separate property of married women, laws relating to, 53 Landlord and tenant, rights of respectively, 245 alterations to premises, right of tenant in relation to, 250 repairs, when landlord must make, 247 repairs, when tenant must make, 247 payment of rent, landlords remedy to enforce, 248 rent in advance, when landlord may enforce payment of, 249, 250 288 The Legal Bights of Women Leases, law in relation to, 245 form of and how made, 246, 247, 251, 252, 253, 254, 255 covenants in, 247, 252, 253 terminated, how, 248 forfeited, how, 245, 246 subletting, tenants rights in relation to, 249 Legal status of women in business. Chapter XII, page 214 Liability of stockholders for debts of corporation, 193, 194 Liability of stockholders to calls for assessments, 193, 194, 199 Life insurance, policies of described, 263, 265 endowment policy described and benefit of, 265 Life policies, as a provision for widow and children, 265, 269 Life income policy described and benefits of, 267, 268, 269 representations, nature and effect of, 266 how and to whom payable, 263, 264 cash surrender value defined, 264, 265, 267 by women, may be secured how, 270, 271 • bankruptcy of insured, when policy affected by, 264, 265 Louisiana, divorce laws of, 133, 134 dower, laws relating to, 87, 88 separate property of married women, laws relating to, 54 Lucid intervals, wills made during may be valid, 177 M Maine, divorce laws of, 135, 136 dower, provisions for widow instead of, 88, 89 separate property of married women, laws relating to, 55 Majority, age at which women attain. Chapter V, page 45 Marriage, contracts in contemplation of. Chapter IV, page 40 Marriage, contract of, 35, 36, 37 Marriage, revokes will, when, 186 Married women, right to conduct business in own name. Chapter XII, page 214 The Legal Bights of Women 289 Married women, separate property of. Chapter V, page 45 Maryland, divorce laws of, 136, 137 dower, laws relating to, 89, 90 separate property of married women, laws relating to, 55 56 Mlassachusetts, divorce laws of, 137 dower, laws relating to, 90 separate property of married women, laws relating to, 55, 56 MHohigan, divorce laws of, 138, 139, 140 dower, laws relating to, 90, 91, 92 separate property of married women, laws relating to, 54, 57 Minnesota, divorce laws of, 140, 141 dower, provisions for widow instead of, 92, 93 separate property of married women, laws relating to, 57 Mississippi, divorce laws of, 141, 142 dower, provisions for widow Instead of 93, 94 separate property of married women, laws relating to, 58 Missouri, divorce laws of, 142 dower laws relating to, 94, 95 separate property of married women, laws relating to, 58 Montana, divorce laws of, 142, 143 dower, laws relating to, 95, 96 separate property of married women laws relating to, 58, 59 Mortgage, real estate and chattel mortgage defined, 190 value of as an investment, 190, 191 chattel mortgage as an investment, 192 recording necessary, 192 Mother, her right to custody of children as against husband, 164-170 custody, right to after death of husband, 171, 172 when entitled to earnings of children, 171, 172 when bound to support child, 172 may be guardian, 172 may appoint guardian by will, when, 173 right of to recover for injuries to her children, 173, 174 right of to recover for seduction of daughter, 173, 174 illegitimate child may inherit from, 171 290 The Legal Bights of Women N National banks, described and powers of, 196 Nebraska, divorce laws of, 143 dower, provisions for widow instead of, 96, 97 separate property of married women, laws relating to, 59 Nevada, divorce laws of, 143, 144 dower, provisions for widow instead of, 97, 98 separate property of married women, laws relating to, 59, 60 New HampsMre, divorce laws of, 144 dower, laws relating to, 98, 99 separate property of married women, laws relating to, 60 New Jersey, divorce laws of, 145, 146, 147 dower, laws relating to, 99, separate property of married women, laws relating to, 60, 61 New Mexico, divorce laws of, 147 dower, provisions for widow instead of, 100 separate property of married women, laws relating to, 61 New York, divorce laws of, 147, 148, 149 dower, laws relating to, 100, 101 separate property of married women, laws relating to, 61 North Carolina, divorce laws of, 149, 150 dower, laws relating to, 101 separate property of married women, laws relating to, 62 North Dakota, divorce laws of, 150, 151 dower, provisions for widow instead of, 101, 102 separate property married women, laws relating to, 62 Ohio, divorce laws of, 151 dower, laws relating to, 102 separate property of married women, laws relating to, 62, 63 Oklahoma, divorce laws of, 151, 152 dower, provisions for widow instead of, 103 separate property of married women, laws relating to, 63 The Legal Bights of Women 291 Oregon, divorce laws of, 162 dower, laws relating to, 103, 104 separate property of married women, laws relating to, 63, 64 P Parents, custody of children as between, 164, 165, 169, 170 Papers, preservation of, 206, 207 Payment of rent in advance, when landlord may enforce, 249, 250 Penalty for neglect or refusal to pay taxes, 205, 206 Pennsylvania, divorce laws of, 152, 153, 154 dower, laws relating to, 104, 105 separate property of married women, laws relating to, 64 Permanent alimony, when awarded, see Chapter VIII, pages 118-168 Personal property, what is included in term, 188 Powers of Attorney, (certain written instruments so called) 231 forms of, 238, 239 Nature and effect of, 231 recording of, when necessary, 231 may be revoked, when and how, 237, 238 notice of revocation of, 237, 238 Powers of general agent, 232, 233 Preferred stock, definition of, 194 Principal and agent, relation defined, 230 principles of law relating to, 230, 231 Principal, when liable for unauthorized act of agent, 232, 233, 234 Probating of wills, directions in relation to, 180, 186 Property, real, what is, 188 personal, what is, 188 title to passes, how, 188, 189 292 The Legal Bights of Women Q Quit claim deed, nature and effect of, 189 R Real Estate iMiortgages, 190, 191, 192 Receipts, form of, 201, 202 necessity for giving and receiving, 200, 201 should be carefully worded, 202 should show nature of transaction, 202 Recording deeds, mortgages, etc. necessity of, 189, 190 Remedy of landlord for non-payment of rent, 248, 249 Repairs, when landlord must make, 247 when tenant must make, 247 extent of tenant's obligation to make, 247 Revocation of will, what constitutes, 184, 185 what does not constitute revocation, 185 Right of married women to carry on business in own name. Chap. XII, page 214 Rights of wife upon the death of her husband, 72, 73, 76-117 Rhode Island, divorce laws of, 154, 155 dower, laws relating to, 105, 106 separate property of married women, laws relating to, 64, 65 Second mortgage as an investment, 192 Seduction, right to recover for, 37, 174, 175 Separate property of married women, her right to control same and what If any control may be exercised by her husband, €hap. V, page 46 The Legal Bights of Women 293 Setting off dower, suggestions in relation to, 114, 115, 116 right of widow to have dower set off, 114, 115, 116 by whom dower should be set off, 114 nature of the proceeding, 114, 115 how extent of dower interest or value of, determined, 114, 117 money, when payment of may be made in lieu of dower, 116, 117 South Carolina, divorces not granted for any cause, 155 dower, laws relating to, 106, 107 separate property of married women, laws relating to, 65 South Dakota, divorce laws of, 155 dower, provision for widow instead of, 107, 108 separate property of married women, laws relating to, 66 Stocks and bonds as an Investment, 192, 193, 196 earning power of, 198, 199, 211, 212 Stockholders, liability for debts of corporation, 193, 194, 199 Taxes, payment of, suggestions in relation to, 204, 205 penalty for failure to pay, 205, 206 preservation of tax receipts, necessity for, 206 Tenant, when liable for repairs, 247 extent of liability to make repairs, 247 when tenant may sub-let, 249 fixtures, when tenant may remove, 250 Tennessee, divorce laws of, 155, 156 dower, laws relating to, 107 separate property of married women, laws relating to, 65, 66 Texas, divorce laws of, 156, 157 dower, provision for widow instead of, 107, 108 separate property of married women, laws relating to, 66 Title to property, suggestions in relation to necessity for examination of when purchasing or loaning money on, 189, 191 294 The Legal Bights of Women u Undue influence, what constitutes, 177, 178, 179, 180 what does not constitute, 178, 179, 180 effect of upon question of validity of will, 177, 178 what degree of influence wife may exercise, 178, 179, 180 Unmarried women, rights of, Chap. Ill, pages 34-39 Utah, divorce laws of, 157 dower, provisions for widow instead of, 108, 109 separate property of married women, laws in relation to, 67 Validity of divorces, 162, 163 Vermont, divorce laws of, 157, 158 dower, laws in relation to, 109 separate property of married women, laws in relation to, 67 Virginia, divorce laws of, 158, 159 dower, laws relating to, 109 separate property of married women, laws relating to, 68 Voting power of stock, 195 w Warranty deed described, effect of, 188, 189 Washington, divorce laws of, 159 dower, provisions for widow instead of, 109, 110 separate property of married women, laws relating to, 68 West Virginia, divorce laws of, 159, 160 dower, laws relating to, 110, 111 separate property of married women, laws relating to, 68, 69 Widow's allowance, 75, 113, 114 The Legal Bights of Women 296 Widow's election whether to accept provision of will of husband or take what the law gives her, how and when exercised, 73, 186 Widows' right to administer estate of deceased husband, 72, 73 interest of widow in estate of husband. Chapter VII, pages 76-117 allowance for support of, by whom made and extent of, 75 right of widow to remain in homestead, 112 Wife, rights of upon the death of her husband. Chapter VI, pages 72-75 rights of when living apart from husband without a judical decree, 165, 166, 167, 168 Wills and Testaments, defined, 176, 180, 181 form of, 180, 181 codicil, 176, 184 who may make, amount of mental capacity necessary, 176, 177 conditions which render a person incapable of making, 177 revoked, how and effect of revocation, 184, 185 undue influence defined and effect of, 177, 178, 179, 180 when will becomes operative, 183, 185 probating of will, proceedings for, 185 executors, 182, 183 widow's election whether to take under will of husband, 186 see also state laws, Chapter VII, pages 76-117 Women, condition under the common law, Chapter II, page 27 Women in business, iChapter XII, page 214 Wisconsin, divorce laws of, 160, 161 dower, laws relating to, 111, 112 separate property of married women, laws relating to, 69 Wyoming, divorce laws of, 161, 162 dower, provisions for widow instead of, 112, 113 separate property of married women, laws relating to, 69, 70 Date Due PE C 4 Ti ycT3 -re Library Bureau Cat. No. 1137