rate property of each: but all otherwise acquired by either after marriage is common property. An inventory of the wife's separate property, acknowledged or proved, as for a conveyance of land, must be recorded; and this shall be notice of the wife's title; and her property included therein is exempt from seizure on execution for the debts of her husband. He has the management and control of her separate property during marriage; but no alienation can be made, nor lien nor encumbrance created, unless she joins in the deed, and acknowledges upon a separate examination. But when she sells her separate property for his benefit, or he uses the proceeds with her written consent, it is deemed a gift; and neither she nor those claiming under her can recover. In certain cases, a trustee may be appointed to manage her property. The husband has the entire control and management of the common property, with like absolute power of disposition as of his own separate property; and the rents and profits of the separate property of both are deemed common property, unless with respect to the wife, the terms of the bequest, devise, or gift, are otherwise. Dower and curtesy are abolished. Upon the death of either party, one-half the common property goes to the survivor, and the other half to the descendants of the deceased, subject to the payment of his or her debts; if there are no descendants, the whole to the survivor, subject to such payment. Upon divorce, the common property is equally divided. The separate property of the wife is alone liable for her antenuptial debts. But the parties may control these provisions by marriage contract, which must be in writing, and recorded, or otherwise shall not affect third parties. It may be entered into by a minor, but cannot alter the legal order of descent, nor derogate from the husband's rights over the persons of his wife and children as head of the family, or the survivor's rights as guardian of the children. Compiled Laws of Cal. 1850-53, c. 147, p. 812. When a married woman is party to a suit, her husband is to be joined: except, if the action concerns her separate property, she may sue alone! and, if between herself and her husband, she may sue and be sued alone. If both are sued together, she may defend in her own right. Id. c. 123, §§ 7, 8, p. 520. There is also a homestead law, exempting the homestead to the amount of $5,000 from final process of court; and it cannot be alienated without the wife joins in the conveyance, and acknowledges apart from her husband. Its other provisions are substantially similar to those before referred to. Id. c. 158, p. 850. The wife's real estate may be conveyed by separate deed, if her husband has been absent one year. Laws of 1855, c. 17. By complying with certain requirements, she may carry on, in her own name, any business, trade, profession, or art; and the property, &c., invested belongs exclusively to her; and she has all the legal privileges and disabilities of debtor and creditor, and becomes responsible for the maintenance of her children. Her husband is not liable for her debts thus contracted without special written promise; and she shall not originally invest more than $5,000, without taking oath that the amount above that sum did not proceed from him. Id. c. 178, p. 881. She may cause the life of her husband to be insured for her benefit. Public Laws of 1854, c. 40. The personal property of the wife can be sold or transferred only when husband and wife join in the sale or transfer, except

ing only what she holds as a feme sole. Laws of 1862, c. 394. She may dispose of her separate property by will, in like manner as any other person. Laws of 1866, c. 285. Her earnings are her separate property. If she lives separate from her husband, she may convey land by deed without his joining in the deed. Laws of 1870, c. 172.

CONNECTICUT.

In this State, all real estate conveyed to a married woman, in consideration of property acquired by her personal services during coverture, is hers alone; and the avails of all sales of the real estate of a married woman, if invested in her name, or in the name of a trustee for her, belong to her. When any man abandons his wife for a continuous period of three years, she may petition the Superior Court, as a court of equity, in any county where she owns real estate, and such court shall pass a decree empowering her to execute all conveyances necessary to dispose of such real estate, as if she were a feme sole. All the personal property of any woman, married since the 22d of June, 1849, and all the personal property acquired thereafter by a married woman, shall vest in the husband in trust, to have the income thereof during his life, subject to the duty of expending therefrom so much as may be necessary for the support of his wife during her life, and of her children during their minority, and to apply such part of the principal thereof as may be necessary for the support of the wife, or otherwise with her written assent; and upon his decease the remainder of such trust property shall be transferred to the wife, if living, otherwise as she may by will have directed, or in default of such will to those entitled by law to succeed to her intestate estate; but if the husband shall have paid liabilities incurred by her before marriage, a proper court of equity may, vest absolutely in him such portion of said property as may be equivalent in value to the amount of such liabilities so paid. General Statutes, Revision of 1875, pp. 185, 187. Chapter 114, of the Laws of 1876-1877, (approved 16th of March, 1877,) makes important changes in the relations between husband and wife. It leaves, however, the provisions above stated, in full force as to existing marriages, unless the persons now married agree to substitute the provisions of this latest statute. By this statute, neither husband nor wife acquires by marriage any interest in the property of the other, except as provided in this statute. Her earnings are her own property. She may contract with third persons or convey property to them as if unmarried. The property of either is not liable for the debts of the other, incurred before or after marriage. The purchases of either are presumed to be on his or her own account, unless they have gone to the support of the family, or for her reasonable apparel, or for her support when abandoned by her husband, in which cases he is liable. He is bound to support the family. On the death of either, the survivor has the use for life of one-third of the property, real and personal, of the other, which right is not to be defeated by any will of the other. If there be no will, the survivor takes the third absolutely, and if no issue, one-half. If either leaves a legacy to the other, that legacy is to be taken instead of this right; but the legatee may elect whether to accept the legacy or his or her statutory share. The judge of probate may make the wife a reasonable

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allowance for the support of herself and family during the settlement of the estate. They may contract before or after marriage for a provision in lieu of this statutory share. Neither party abandoning the other is entitled to this share. The provisions of this statute apply only to marriages hereafter contracted; but parties now married may enter into a contract to substitute for their rights under other statutes, or at common law, the rights given by this act.

DELAWARE.

In this State, the widow of one who made his will before marriage takes the same share as if he died intestate. R. S. c. 84, § 23. Insurance on life for her benefit is secured to her, if the premium do not exceed $150. Id. c. 76, § 3. If her husband abandon her, the court may provide for the support of herself and her children out of his property. Id. c. 48, § 15. She cannot make a power of attorney. Id. c. 83, § 13. Real estate, mortgages, stocks, and silver plate belonging to her at marriage, or acquired during coverture, are not subject to his disposition, or liable for his debts, except judgments recovered against him for her liabilities before marriage; but she may not dispose of such property nor create any encumbrance on her real estate, nor dispose of the rents thereof, nor of the interest of her stock and mortgages, without his consent in writing under seal. This provision does not affect him as tenant by curtesy; but with his consent, as aforesaid, the proceeds of such sale as above authorized may be in vested in her own name as her sole property, subject to the laws governing the principal. Laws of Delaware, 1865, c. 572, §§ 1, 2, 3.

FLORIDA.

In this State, the husband or wife administers in preference to others. Thompson, Dig. 2 Div. tit. 3, c. 2, § 1, ¶ 5. Their rights, by marriage, under the Spanish law when in force, are preserved. Id. 2 Div. tit. 3, c. 1, § 4; 2 Div. tit. 3, c. 1, § 2, ¶ 1. The wife retains, independent of her husband, and is not liable for his debts (if inventoried and recorded; but failure to record confers no right upon him: id. 2 Div. tit. 5, c. 1, § 2, ¶ 8), all property owned before or obtained after marriage; but he has the management of it. She cannot sue him for rent, nor can he sue her for management. Her property alone is liable for her antenuptial debts; and, upon her death, he takes the same interest in her property as a child; but, if she leaves no child, the whole. Id. 2 Div. tit. 5, c. 1, § 2. A homestead of forty acres, if ten of it be cultivated, is exempted from execution. Id. 3 Div. tit. 5, c. 8, § 3; Laws of Florida, 1869. “Every person of the age of twenty-one years," of sound mind, may make a will. Id. 2 Div. tit. 3, c. 1, § 1, ¶ 1. Certain provisions of the criminal code are extended to married women. Laws, 1868, c. 4, § 6.

GEORGIA.

In this State, marriage settlements, if not recorded within three months after execution, are invalid as to bona fide purchasers, creditors, or sureties without actual notice, becoming so before actual recording. Code, ed. of

1867, p. 354. The husband takes administration, and is sole heir of his deceased intestate wife. Id. p. 351. On the death of the husband without issue, the wife is the sole heir. Id. p. 351. The wife of an idiot or lunatic is generally entitled to the guardianship. Id. p. 370. If deserted, her earnings vest in herself. Id. p. 351. By an act, approved February 28, 1856, Laws of 1855-56, tit. 19, No. 176, p. 229, a husband married thereafter is not liable for his wife's debts, further than the property received through her will satisfy; and such property is not liable for his debts existing at the time of the marriage. A married woman may deposit in any savings institution any sum not more than $2,000, the earnings of herself or children, as her own separate property, as if she were unmarried. Laws of Georgia, 1865-66, tit. 26, §§ 1, 2. All her property, whether belonging to her at marriage, or acquired during coverture, vests in her, and is not liable for any debt, default, or contract of her husband. Id. p. 350.

ILLINOIS.

In this State, there is a homestead law, similar in its purposes to those before mentioned, exempting the homestead to the value of $1,000. It continues after the death of the householder, for the benefit of the widow and family, if one of them occupies the same, until the youngest child is twenty-one years of age, and the death of the widow. Gross, Statutes, 1869, p. 327. An act was passed in March, 1874, entitled, "An act to revise the law in relation to husband and wife." It provides, substantially, as follows: A married woman may, in all cases, sue and be sued without joining her husband with her, to the same extent as if she were unmarried. If husband and wife are sued together, the wife may defend for her own right; and if either neglect to defend, the other may defend for such one also. When the husband has deserted his family, the wife may prosecute or defend, in his name, any action which he might have prosecuted or defended; and the same right shall apply to the husband upon the desertion of the wife. For all civil injuries committed by a married woman, damages may be recovered from her alone; and her husband shall not be responsible therefor, except in cases where he would be jointly responsible with her, if the marriage did not exist. Neither husband nor wife shall be liable for the debts or liabilities of the other incurred before marriage; nor be liable for the separate debts of each other; nor shall the wages, earnings, or property of either, nor the rent or income of such property, be liable for the separate debts of the other. Contracts may be made and liabilities incurred by a wife, and the same enforced against her, to the same extent and in the same manner as if she were unmarried; but, except with the consent of her husband, she may not enter into or carry on any partnership business, unless her husband has abandoned or deserted her, or is idiotic or insane, or is confined in the penitentiary. A married woman may receive, use, and possess her own earnings, and sue for the same in her own name, free from the interference of her husband or his creditors. Neither husband nor wife shall be entitled to recover any compensation for any labor performed or services rendered for the other, whether in the management of property or otherwise. A married woman may own, in her

own right, real and personal property obtained by descent, gift, or purchase, and manage, sell, and convey the same to the same extent and in the same manner that the husband can property belonging to him. In case the husband or wife abandons the other and leaves the State, and is absent therefrom for one year, without providing for the maintenance and support of his or her family, or is imprisoned in the penitentiary, any court of record in the county where the husband or wife so abandoned or not confined resides, may, on application by petition, setting forth fully the facts, if the court is satisfied of the necessity by the evidence, authorize him or her to manage, control, sell, and incumber the property of the other, as shall be necessary, in the judgment of the court, for the support and maintenance of the family, and for the purpose of paying debts of the other, or debts contracted for the support of the family. A husband or wife may constitute the other his or her attorney in fact, to control and dispose of his or her property for their mutual benefit or otherwise, and may revoke the same to the same extent and in the same manner as other persons. The expenses of the family and of the education of the children shall be chargeable upon the property of both husband and wife, or of either of them, in favor of creditors therefor, and in relation thereto they may be sued jointly or separately. Neither the husband nor wife can remove the other or their children from their homestead without the consent of the other, unless the owner of the property shall, in good faith, provide another homestead suitable to the condition in life of the family; and if he abandons her, she is entitled to the custody of their minor children, unless a court of competent jurisdiction, upon application for that purpose, shall otherwise direct. When the husband or wife is insane, and therefore incapable of executing a deed or mortgage, and conveying his or her right to curtesy, dower, or homestead in the real property of the other, the same person may present his or her petition to any court having general chancery jurisdiction over the real estate to be affected, setting forth the facts, and praying for an order authorizing the applicant, or some other person, to execute a deed of conveyance or mortgage for such insane person, and thereby relinquish his or her right of curtesy, dower, or homestead in said real estate. In granting the petition there must be due protection of the rights and property of the insane husband or wife, and of those who deal with him or her. By another act, tenancy by the curtesy is abolished, and husband and wife are put on the same footing as to dower.

INDIANA.

In this State, the husband is liable for her antenuptial debts only to the extent of the personal property he received with her, or from the sale or rent of her lands. Gavin & Hord's Statutes of Indiana, 1862, vol. i. p. 373. And such liability is not extinguished by her death. Id. § 2. Her Christian name is sufficient in a suit against them jointly. Cox v. Runnion, 5 Blackf. 176. Her admissions subsequent to marriage are not admissible in a suit against them jointly for a debt of hers while single. Brown v. Lasselle, 6 Blackf. 157; Lasselle v. Brown, 8 id. 221. Process need only be served on the husband when subsequent proceedings are against both. Campbell v. Baldwin, 6 id. 364; King v. McCampbell id.