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 invested 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, T1. 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.

135. The husband is a proper party to a scire facias, on a judge's transcript of judgment against the wife while single. Campbell v. Baldwin, supra. The plaintiff must prove marriage in assumpsit against both on a note of wife before marriage, when non-assumpsit is pleaded. Wallace v. Jones, 7 id. 321. They should sue separately in an action for libel upon both. Hart v. Crow, id. 351. As to the wife's agency, see Casteel v. Casteel, 8 id. 240. Judgment against them jointly for tort of wife must be satisfied first from her lands, if she have any. Id. p. 374. Her lands are not liable for her husband's debts, but remain her separate property; but she cannot encumber or convey them except by deed, in which her husband must join. Id. p. 374. Barnett v. Goings, 8 Blackf. 284. Suits relative thereto should be in the name of both; if separated, in her name, in which case the husband is not liable for costs. Id. p. 375. The wife cannot sue, or defend by guardian or next friend, unless under twenty-one. Id. p. 371. There are special provisions as to powers of a wife, if aban doned by her husband. Id. p. 375. If a husband die, testate or intestate, one-third of his real estate goes to his wife in fee-simple, free from all demands of creditors; but if the real estate exceeds in value $10,000, she takes, as against creditors, only one-fourth; and if it exceeds $20,000, only one-fifth. Id. p. 294. If she die, one-third of her real estate goes to him. Id. 295. If a husband or wife die intestate and without a child, the whole estate goes to the survivor. Id. p. 290. $300 in value of real or personal property, or both, at the election of the debtor, is exempt from execution. Id.; Gavin & Hord's Statutes, vol. ii. p. 363.

IOWA.

In this State, a married woman owns in her own right all property real or personal which came to her by descent, gift, or purchase, and may dispose of the same without the interference of her husband. Neither the husband nor the wife is liable for the debts or contracts of the other, made or incurred before marriage or after. For all civil injuries by the wife, damages may be recovered from her alone. In case of abandonment of either by the other, the party abandoned may petition the court, who may, on sufficient proof of the facts, authorize the petitioner to manage or encumber the property of the abandoning party for the sup port of the family. Each may constitute the other his or her attorney in fact. She may sue for and recover wages for her personal services, and hold what she recovers as her own property. She may make contracts and incur liabilities in the same manner as if unmarried. Code of 1873, pp. 397, 398. The husband is not liable upon contracts relative to his wife's separate property or purporting to bind herself alone, nor is the property or income of either liable for the debts of the other. Family expenses, education of children, &c., are chargeable upon the property of both or either; they may be sued jointly, or the husband separately. The husband cannot remove the wife or children from the homestead without their consent. The estate by the curtesy is abolished, and the husband is entitled to the same rights of dower as the wife. Rev. St.

1860, pp. 420, 427. When judgment is against husband and wife, execution may issue against the property of either or both. Id. p. 600. If both are sued jointly, the wife may defend for her own right, or for her husband's right also. Id. p. 491. A married woman may receive gifts or grants from her husband without the intervention of a trustee. Id. p. 388. There is also a homestead exemption law, to the extent of a town plat of half an acre; or, if not within a town, of forty acres, or enough more to make a value of $500. Id. p. 403.

KANSAS.

In this State, the property, real or personal, of a married woman, owned at the time of her marriage or subsequently received, is her sole and separate property, not subject to the disposal of her husband, nor liable for his debts. Gen. St. 1868, p. 562. She may sell and convey, or enter into any contract relating thereunto, and may sue and be sued as if sole. Id. p. 563. She cannot bequeath more than half of her property away from her husband, without his written consent. Id. p. 1113. If either die intestate and without issue, all his or her property goes to the survivor. Id. pp. 394, 395. If a husband deprives his wife by will of more than half his property, she may elect to accept the conditions of his will, or take half of his property. Id. p. 1113. Dower and curtesy are abolished. Id. A homestead of one hundred and sixty acres of land, or one acre in a city, town, or village, is exempted from sale by execution Id. p. 473.

KENTUCKY.

An

In this State, the husband has no interest in the real estate or real chattels of the wife, except the use of them, with power to let out to rent real estate for three years at a time. R. S. of Kentucky, c. 47, art. 2, § 1. Such estate is only liable for her antenuptial debts, and for necessaries for the family, the husband included. Id. Her chattels real may be conveyed in the same way as land, and the proceeds go to the husband, unless otherwise provided. Id. § 2. He is not liable for her antenuptial debts except to the amount received by her independent of real estate or slaves. Id. § 3. Provision exists for a married woman's acting as feme sole in case of abandonment, imprisonment of husband, &c. Id. § 4. The wife of a nonresident husband may act as a feme sole. Id. § 8. alien wife of a citizen husband may inherit property, c. 15, art. 3, § 3. The deeds of a feme covert may be either joint or separate, c. 24, § 21; and must be separately acknowledged. Id. § 22. For various provisions relating to dower, sce c. 30. Marriage agreements must be recorded, c. 24, § 9. The husband's remedy against the wife's tenant is the same after her death as before, c. 56, art. 2, § 25. She has the general rights of an unmarried woman in regard to stock held for her exclusive use. Id. § 16. Real or personal estate conveyed or devised to her, except as a gift, cannot be aliened without the consent of her husband. Id. § 17. Provision exists for the sale of married women's property, c. 86, art. 1, 5, 6. A married woman may dis