and that of her children, but the annual premium must not exceed $300. Laws of 1848, No. 233, p. 350. When a divorce from bed and board, she has the same power over the property as a feme sole. Compiled Laws, p. 965, § 24. When the divorce is not her fault, or on the imprisonment of her husband for life, she is entitled to her real estate, and a reasonable amount of the personal, which came to him by reason of the marriage. But when she is divorced for her adultery, he holds her real estate as long as they both live, and if there be children, he holds it as tenant by curtesy; and her personal estate for ever. Id. 956, §§ 18, 19, 25. A homestead of the value of $1,500 is exempted from execution. Compiled Laws, c. 132; Laws of 1861, No. 248. She may sue and be sued, as to her sole property, as if unmarried. Laws of 1857, No. 132; id. No. 196.

MINNESOTA.

married woman, real or pe

In this State, all property owned by any sonal, at her marriage, or received afterwards, is her own, as if unmarried, and is free from the control of her husband, and is not liable for his debts. She may make any contract she could make if unmarried; and any transfer of her property, except that the husband must join in the deed of her realty, unless he have deserted her. Neither husband nor wife is liable for the debts of the other, except that the husband is liable for necessaries furnished to the wife, as at common law. Either may be the agent of the other, or contract with the other, except as to the sale of real estate from one to the other. A husband deserting his wife, or divorced, may be decreed by the District Court, on an action by the wife, to be debarred from his curtesy, and the wife may be permitted to act with reference to her real property as if sole. Laws of 1869, c. 56. A homestead of eighty acres not included in any incorporated town, city, or village, or one lot in any town, city, or village, is exempt from sale by execution. Rev. St. 1866, c. 68.

MISSISSIPPI.

In this State, the rents, issues, and profits of her real estate inure to her sole and separate use. Revised Code, 1857, p. 336. Suits affecting her separate property may be prosecuted and defended in their joint names. Id. p. 336. Covenants in consideration of marriage and marriage settlement must be acknowledged and recorded. Id. p. 310. She may defend in a suit for her land if the husband neglects. Id. p. 316. The husband is not liable for the wife's antenuptial debts, nor for any debt contracted after marriage, if she hold separate property. Id. 336. Wife may convey her real estate by joint deed, and is bound by her covenants in such deed. Revised Code, p. 307, art. 4. Every description of property of a married woman and the income of such is her own separate property, and is not liable for his debts, nor can it be encumbered in any way but by joint deed. Id. 385, art. 23. He is entitled to curtesy in her real estate, and if she leave no children, inherits her personal property. Id. 337, art. 28. She may dissent from his will if her separate property be not equal to what would be her dower and distributive share in her husband's estate.

Id. 338, art. 31, 32. Her separate receipt is good, and her bond executed jointly with her husband binds her separate property. Id. 337, art. 30. A homestead is exempted from execution, not more than one hundred and sixty acres, and not more in value than $1,500. Id. 529.

MISSOURI.

In this State, a married woman may not be executrix or administratrix. General Statutes (1865), p. 480. Marriage contracts must be recorded. Id. 460. The rents and issues of her real estate, owned at marriage or afterwards acquired, are not liable for the debts of her husband, nor is his interest in her real estate, excepting that the annual products may be levied upon for a debt of the husband created for necessaries for the wife and family, or for the cultivation or improvement of her real estate. Id p. 464. She may devise her real estate, but not so as to affect his curtesy. Id. A homestead is exempt from execution, not more than one hundred and sixty acres, and not exceeding $1,500 in value. Id. p. 418. The wife may insure for her benefit either her husband's life or her own; and no life insurance effected, whether before or after marriage, by the husband upon his own life shall be liable for his debts, unless so expressed upon the face of the policy. But a creditor may insure his debtor's life. Id. p. 464. If husband without cause abandon his wife, or lawful children under twelve years of age, he is punished by fine of not less than $50 nor more than $500, or by imprisonment for not less than one month nor more than twelve months. Laws of Missouri, 1867, p. 112.

NEBRASKA.

In this State, all the property of a married woman coming to her either before or after marriage, and all the rents and profits thereof, are her sole and separate property, and may be managed by her alone without interference by her husband; and they are not liable for his debts. She may make any contract in reference to it that a married man may make as to his property; may sue and be sued, and carry on any business; and her earnings are her own. General Statutes, 1873, p. 465. A homestead not exceeding one hundred and sixty acres of unincorporated land, or not exceeding two lots in any town, city, or village, is exempted from sale by execution. Laws of 1867, p. 91.

NEVADA.

In this State, all property of the wife, real or personal, held at mairiage, or afterwards acquired by gift, bequest, devise, or descent, is her separate property; and all the husband's so held or acquired is his separate property. All property acquired otherwise by either party, after marriage, is common property. An inventory of her property must be made and recorded. During marriage, the husband has the exclusive control and management of the common property. At her death, if he survives her, all of the common property goes to him. If she survives him, at his death

half of the common property goes to her. The District Court may assign a trustee to take care of the wife's separate property, if the husband mismanages the same. The husband has the same control and disposition of the common property as of his separate estate. Dower and curtesy are abolished. The separate property of the wife is liable for the antenuptial debts of the wife, but his is not. Marriage contracts, duly executed and recorded, may vary these rights and interests. Laws of 1865, c. 76. She may carry on business under her own name, under certain regulations. Laws of 1867, c. 10. A homestead not exceeding in value $5,000 is exempt from sale on execution. Laws of 1865, c. 72.

NEW HAMPSHIRE.

In this State, a married woman holds free from interference of her husband all property owned before or acquired after marriage, if not occasioned by payment or pledge of his property. Gen. St. 1867, p. 337. She has the same rights and remedies as to the same as if unmarried. P. 338. After three months of desertion, or of any other thing which if longer continued will be a cause of divorce, the wife may hold in her several right, and dispose of property acquired by her in any way, and the earnings of the minor children, until the desertion ceases. And the judge of probate in the county where she resides may order provision for her and her children from any property of the husband in the State. She shall then have the same rights; and her property shall descend, as if single. Id. 337. The will of the married woman passes property held in her right to any devisee except the husband; but shall not affect his rights in the estate, or to a distributive share thereof. Id. 338. The homestead, to the value of $500, is exempt from attachment and execution, and is in no way liable for the husband's debts, nor subject to distribution or devise, while a widow or a minor child lives thereon. But this right may be waived by deed of husband and wife, and is not valid against a claim or note or mortgage of husband and wife, or for labor less than $100, or a lien by the seller of the estate for its price, or a debt contracted for the erection of the buildings, or for taxes. Laws of 1868, p. 130. He is not liable for her antenuptial debts, but her property is. Laws of 1871, c. 27.

NEW JERSEY.

In this State, her property, real or personal, acquired before or after marriage, is free from the husband's control or debts. Public Acts of 1852, p. 407. Antenuptial contracts are valid. Id. Any insurance of life for her benefit is secured to her or her children, if the premium does not exceed $100. Public Acts of 1851, p. 34. If her husband dies, she may recover from his estate the personal property belonging to her before marriage. Public Acts of 1851, p. 201. If she dies, her husband may administer and retain her personal property. R. S. tit. 10, c. 7, § 15; Adm'rs of Donnington v. Adm'rs of Mitchell, 1 Green, Ch. 243. If he abandon or desert her, she may have, by order of court, maintenance from his property; but during this maintenance he is not liable for her debts.

R. S. tit. 33, c. 3, § 10. She cannot dispose of real estate by will. R. S. tit. 10, c. 10, § 3. If the husband dies leaving a family, his household goods to the value of $200, and real estate occupied by him at his death to the amount of $1,000, are secured to his widow and children; and no waiver of this exemption is valid. Public Acts of 1851, p. 278, § 4; Public Acts of 1852, p. 222, § 1. Nor can such homestead be sold or encumbered, unless other $1,000 are invested in other buildings for a homestead; and until this investment the title of the purchaser is not good. Id. § 7. In a joint deed by husband and wife (if she be of full age), her covenants of warranty will bind her in the same manner as if she were unmarried. If her husband be a lunatic, or confined in the State prison for crime, she may dispose of her interest in any property, so as not to interfere with his rights in the same property. Laws of N. J. 1857, c. 189, 277. If living apart from her husband, she may, by joining his name with hers (though without his consent), bring her suit in any court of record; and he cannot control, release, or discontinue such action. In such case she may also, by decree of court, convey any interest in real or personal property, except a gift from her husband, without his concurrence, but cannot affect any right which he may then have in such property. Id. c. 337, 344.

rence.

NEW YORK

In this State, all a married woman's real and personal estate, whether acquired before or after marriage, if not from her husband, may be held by her for her own use, as if she were unmarried, and is not liable for his debts nor subject to his control. R. S. Part II. c. 8, tit. 1, art. 6, §§ 65-67, 68. Power of disposal may be given her in any conveyance or devise to her, and she may execute them without the husband's concurPart II. c. 1, tit. 2, art. 3, §§ 93, 100, 103, unless their terms require that. Id. § 123. But she must acknowledge it privately, as she must also in cases of conveyance. Id. § 130. The husband may administer on her estate, and is liable for her debts to the extent of assets received from her property, and is liable for the whole if he does not take out letters. Part II. c. 6, tit. 2, art. 2, § 29. Antenuptial contracts are valid. Part II. c. 8, tit. 1, art. 6, § 69. Insurances of life for her benefit are secured to her if the premium does not exceed $300. Id. § 70. Her receipt is valid for her deposits in any bank. Id. § 73. She may vote by proxy in corporations, of which she is a member, except mutual fire insurance companies. Id. § 74. She may have the custody of minor children by order of court. Id. tit. 2. In an action between herself and her husband she may sue and be sued alone. Id. Part II. c. 4, tit. 3, § 114. Only her separate estate is liable for her debts before marriage. Public Acts of 1853, c. 576, §§ 1, 2. Insurance effected by married woman on her husband's life, in case of her death before him, goes to his or her children, for their use, as shall be provided by the policy, and to their guardians if under age. Laws of N. Y. 1862, p. 214. She may convey her real or personal estate, and her covenants of warranty bind her separate property. She may sue and be sued, and may bring actions in her own name for injuries to her person and character; money received as

compensation in such cases is her separate property. No bargain made by her respecting her sole property, or in the carrying on of any trade, will render her husband or his property liable. Nor is he liable for costs of action brought in her name. He cannot apprentice her child or part transfer control of him, without her consent in writing. Judgments may in all cases be enforced against her separate property as if she were sole. Id. 1862, c. 172. She may act as an executrix or administratrix or guardian of minor, and her bonds given in these respects bind her as an unmarried woman. Id. vol. ii. 1867, p. 1927. In any action except a criminal one, the husband or wife of any party thereto, or of any person in whose behalf it is brought, are competent witnesses, and are so to prove the fact of marriage in case of bigamy. Id. pp. 21, 22. A homestead of the value of $1,000 is exempt from execution. Laws, 1850, c. 260; Rev. St. tit. 1, p 3, c. 6, § 28.

NORTH CAROLINA.

In this State, a marriage settlement or contract is invalid against creditors if a greater value is secured to the intended wife and children of the marriage than is received with her in marriage, and the estate of the husband free from debt at the time of the marriage. In case of suit, the burden of proof is on the person claiming under such contract. A legacy to the wife in general words and not in trust, or a distributive share of an intestate estate falling to her during coverture (if the estate of the husband and wife is not at the time of the marriage thus sufficient), is taken as a part of the portion received with the wife. Revised Code, c. 37. Real estate belonging to the wife at the time of the marriage cannot be sold or leased by the husband, except with her consent, ascertained by private examination, and no interest of the husband therein is subject to execution against him. Id. c. 56, § 1. The proceeds of the wife's land sold by court are secured to her or her representatives. Id. c. 82, § 7. Provision also exists by which a married woman may insure the life of her husband for her sole benefit, c. 56, § 2. Power may be given her by will, deed, &c., to dispose by will of property thereby conveyed, c. 119, § 3. If she marry under the age of fifteen, unless her father assents to the marriage in writing, her estate is secured to her separate use, c. 68, § 10. Homestead exempt from execution to the value of $1,000. Public Laws, 1868-69, p. 333. He is not liable for her antenuptial debts. Id. 1871, c. 193.

OHIO.

In this State, the interest of the husband in the wife's real estate, and her personal and real property, held at her marriage, or subsequently acquired, is her own separate property, not liable to the control, or for the debts, of her husband. Swan & Sayles's Supplement to Rev. St. 1868, pp. 389, 390. But she cannot affect the husband's curtesy. Id. The husband of an insane wife may be authorized to sell his real estate without her joining, free from her dower. Swan's Rev. St. 1860, p. 852. The nusband must be joined with the wife in all actions to which she is a party, except those concerning her separate property, or contracts, or actions between themselves, when she may sue and be sued alone, and for divorce