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or alimony, when she sues alone. Id. p. 953. Husband and wife may not testify for or against each other while the relation subsists or afterwards. Id. p. 1038. The husband or wife may insure his life (the annual premium not to exceed $150, otherwise the surplus insurance to go to his representatives) for the benefit of her and her children. Id. p. 737. A married woman may dispose of her property by will. Id. p. 1615; and the will of a feme sole is not revoked by her subsequent marriage. Id. p. 1622. The homestead to the value of $500 is exempt from execution, &c. Id. p. 1145. A married woman whose property is appropriated for public use is empowered to do any thing necessary for an owner to do, as if she were unmarried. Id. 1859, p. 147. She has full power to contract for repairs and for cultivating her own property in her own name, during coverture, but can not lease for a longer period than three years, and during her life, and the life of any of her heirs; such property can not be taken by his creditors; but his estate by curtesy remains: and in all actions in regard to her separate estate it only is liable for any judgment rendered. Id. 1866, pp. 47, 48. Any personal property coming to her, before or during marriage, is her separate property, wholly under her control, and not liable for her husband's debts. March 30, 1871.

Act,

OREGÓN.

In this State, the property of a married woman is deemed her separate property, and not liable for the debts of her husband, from and after her declaration of her intention to hold it as separate, duly executed and acknowledged, shall be recorded by the county clerk, unless the same be afterwards revoked by her. Compiled Statutes, 1864, p. 786; Laws of 1866, p. 6. Husband and wife may convey her real estate by their joint deed; but she is not bound by any covenant therein. Comp. L. p. 646.

PENNSYLVANIA.

In this State, the wives of mariners and others at sea may trade as, and have generally the rights of, femes sole. Purdon's Digest of Laws of Penn. (9th ed. by Brightly, 1862), p. 474. The husband administers upon his deceased wife's estate, and she generally upon his. Id. p. 277. She retains all property owned before or obtained after marriage, free from the control or debts of her husband. Id. p. 609. He is not liable for her antenuptial debts. Her property is liable for her debts and torts, and execution must first be had against it. Id. p. 700. And she may dispose of it by will. Id.; Lancaster Co. Bank v. Stauffer, 10 Penn. St. 398; Lefever v. Witmer, id. 505; Cumming's Appeal, 11 id. 272; Goodyear v. Rumbaugh, 13 id. 480; s. c. Law Jour. July 29, 1850. But (except in case of property held in trust for her separate use by virtue of the terms of a deed or will) her power to bequeath is restricted, so that her surviving husband may elect to take such interest in her property as she, surviving, could elect to take in his; or else his estate by the curtesy. Id. p. 701. She may sue alone for her money, or perhaps with her husband, Goodyear v. Rumbaugh, supra; and with her husband for her estate, a recovery to be for her benefit, or maintain trespass for injury to her property, though he dissents, and

be cannot sue therefor alone. Goodyear v. Rumbaugh, supra. Marriage does not, even with her consent, dissolve her testamentary guardianship. Cumming's Appeal, supra. His property is first liable for necessaries: for want of it, the wife's. Id. 700. He retains his estate by the curtesy. id; but as to when it is generally liable to his creditors, see id. p. 1093; Lancaster Co. Rank v. Stauffer, supra; Lefever v. Witmer, supra. A trustee may be appointed of a married woman's property, and she may declare trusts. Dunlop, p. 1096. There are also provisions by which claims for personal injury to the husband survive to the widow, id. p. 1145; by which married women may loan to their husbands, id.; and for insanity of the wife. Id. p. 1170. If the husband does not provide for his wife, or deserts her, she has the rights of a feme sole; and if intestate, her property descends as if he had previously died. Id. 702. In such case, or if divorced a mensa et thoro, she may maintain an action for slander or libel, and may recover her separate earnings and property; but if her husband is defendant, in the name of her next friend. Id. If of lawful age, and entitled to a legacy, &c., she may execute a refunding bond and other instruments to an executor or administrator. Id. No judgment obtained against her husband before or during marriage shall bind or be a lien on her real estate, or his interest as tenant by curtesy. And by joining with him she may convey any lands conveyed to or acquired by her to her separate use, which conveyance will be as valid as if in execution of a power contained in the deed creating such estate. Laws of Penn. 1863, pp. 212, 215. But if such right has been withheld in the deed, will, or other instrument which created the separate estate, she cannot convey. Id. 1867, p. 67. Her earnings are her own property. Id. 1872, art. 24.

RHODE ISLAND.

In this State, there is a provision substantially like that in Massachusetts as to a married woman coming into the State without her husband, and there living without him. Rev. St. 1857, p. 314. Rents and profits of her real estate secured to her. Her chattels real, furniture, plate, jewels, shares in an incorporated company, money deposited in savings-bank, or debts due to her and secured by mortgage, may be transferred by joint deed of husband and wife. All other personal estate she may dispose of as if unmarried. Id. p. 316. Any married woman may dispose of her real estate by will, but not to deprive her husband of his tenancy by the curtesy. Id. 317; Acts and Res., January Session, 1856, p. 68. Her deposits in an institution for savings are her own property. Id. p. 73. Any policy of insurance for her benefit, not exceeding the sum of $10,000, is hers, independently of her husband or the person effecting the insurance, or the creditors of either. Public Laws, 1860, p. 96.

SOUTH CAROLINA.

in this State, the real and personal property of a married woman, whether held by her at the time of the marriage, or accrued to her thereafter in any way, shall be her separate property, and not subject to levy or sale for her husband's debts. Statutes of 1870, No. 220. She may bequeath, devise,

or convey her separate property, as if unmarried; and, if she dies intestate, her property shall descend in the same manner as is provided for the property of husband. She may purchase any property, and contract in reference to it, as if unmarried. Id. Her husband is not liable for her debts contracted before marriage, nor for those contracted after, except for her necessary support. Id. A homestead of the value of $1,000 is exempt from execution. Stat. of 1868, No. 16; and also $500 worth of personal property. Stat. of 1870, No. 273. When the action concerns her separate property, she may sue and be sued alone. Stat. of 1870, tit. 3, p. 451; and judgment may be entered against her separately, and execution be levied on her separate property. Id. p. 491.

TENNESSEE.

In this State, the wife may manage her own and her husband's property, when he is incapacitated. Code of Tenn. 1858, p. 488; and her property is not liable in such case for his debts. Id. Property acquired by her, subsequent to an abandonment by him, or separation from him, in consequence of ill usage, is not liable for his debts. If she live with him again, it is. Id. p. 488. Marriage contracts are not good where more property is concerned than the portion actually received with the wife at the time of marriage; but subsequent legacies to her are considered as property received by her. Id. p. 369. A feme covert may dispose by will of her own estate. Id. p. 488. A homestead of the value of $1,000 is exempted from execution, and shall not be aliened, if the owner be married, except by the joint deed of him and his wife. Laws of 1871, c. 71.

TEXAS.

In this State, the marriage of a female minor gives her all the right she would have if of age. Paschal's Digest of Texas Laws, 1860, art. 4632. All property acquired by either party before marriage, or by gift, devise, or descent afterwards, is the separate property of each; but the husband has the management of the whole. Id. art. 4641. Property acquired by either during marriage, in other ways, is common; the husband may dispose of it during coverture; if there are no children, the whole goes to the survivor, otherwise one-half. Id. art. 4642. The parties may be jointly sued for necessaries and for expenses benefiting the wife's separate estate. Id. art. 4643. Execution may be levied on common property, or her separate property, at the plaintiff's option. Id. art. 4644. Marriage agreements must be made before a notary, and may be acknowledged by a minor, with the parent's or guardian's consent, id. art. 4633; and are unalterable after marriage. Id. art. 4634. A reservation of property therein to be good must be recorded Id. art. 4635. Husband and wife may sue jointly and separately for her effects. Id. 4636. The wife acts jointly with her husband when she is appointed executrix or administratrix. Id. art. 1234. The homestead, not exceeding fifty acres of land, and not exceeding $500 of improvements (or, if in a town or city, $2,000 in value), is exempt from execution. Const. of Texas, art. 7, § 22.

The survivor takes the common property subject to its debts; nor is it necessary for her husband to administer on such property on her death, as he has the same control of it then that he had in her lifetime. In case of his death, she has the same control, till she marries; when it will be subject to administration. Id. art. 4647, 4652. Husband may fill antecedent contracts, and be compelled to give bonds for the proper management of the commnon property. Id. art. 4650. Her separate property is not chargeable with necessaries procured for him. Id. art. 4641, § 4. The common property is liable for all debts contracted during marriage. Id. art. 4646. Either mav by will give to the survivor the power to keep his and her separate property together, until each of the several heirs come of age; and to manage and control it, subject to law and the provisions of the will Id. art. 4653.

VERMONT.

In this State, in case of desertion, the Supreme Court may authorize a wife of eighteen years of age to convey her real estate, and the personal estate which came to her husband through her, if in the State and undisposed of by him; and require any one owing her husband money in her right to pay it to her; and the proceeds, and her own earnings, and those of her minor children, shall be held by her for her own use. Laws of 1869, No. 13; and Gen. Stat. 1863, p. 469. If the real estate of a wife be taken for public use, the damages are to be secured to her benefit. Id. p. 470. The wife of a man under guardianship may join with the guardian in making partition, &c. Id. p. 470. The wife of a man confined in the State prison is a feme sole as to suits for causes arising after his sentence. Id. 471. Married women may devise by will their inheritable real estate. Id. The rents, &c., of all her real estate, and her husband's interest in it, shall be exempt from attachment or execution for his sole debts, nor can he convey them without her. Id. She may insure the life of her husband for her own use, if the premium do not exceed $300. Id. 472. The homestead, not exceeding $500 in value, exempt from sale on execution. Id. p. 456; Acts of 1851, No. 29. The earnings of a married woman and her deposits in savings-bank are not subject to trustee process by her husband. Gen. Stats. pp. 305, 549. The annual product of her real estate is subject to the payment of necessaries for herself and family, and for work and materials for their benefit. Stocks and bonds given to her by a parent are governed by the same law. Id. 47, § 18. When abandoned by her hushand, she may maintain an action in her own name, as if unmarried. Laws of Vermont, 1866, p. 43. All personal property, and rights of personal property acquired during coverture, or by inheritance or distribution, shall be held to her sole and separate use. Id. 1867, p. 29.

VIRGINIA.

In this State, the husband of an insane wife may make a deed to bar her right of dower, on leave of court; but the same interest in the proceeds shall be secured to her. Code of Virginia, tit. 36, c. 128, § 11. If

the husband die intestate, and without issue by her, she has the personal property which he had from or with her, and which he has not disposed of, if his other personal estate suffices to pay his debts. Id tit. 33, c. 123, § 10. She can make no will except of her separate estate, or by a power of appointment. Id. tit. 33, c. 122, § 3. A homestead, not exceeding one hundred and sixty acres of land, including the buildings thereon, and not exceeding $1,200 in value. Acts of Assembly, 1867, c. 139.

WEST VIRGINIA.

In this State, most of the laws of Virginia remain in force. A married woman injured in person or property by an intoxicated person, may sue the seller or giver of the liquor for damages. Laws of 1872, c. 90. value of the homestead is $1,000. Id. c. 193.

The

WISCONSIN.

In this State, the marriage of a feme sole executrix or administratrix extinguishes her authority, Rev. St. c. 67, § 8; c. 68, § 13; and of a female ward terminates the guardianship. Id. c. 80, § 27. The husband holds his deceased wife's lands for life, unless she left by a former husband issue to whom the estate might descend. Id. c. 62, § 30. Provisions exists by which powers may be given to married women, and regulating their execution of them. Id. c. 58, §§ 8, 15, 40, 44, 57. If husband and wife are impleaded, and the husband neglect to defend the rights of the wife, she. applying before judgment, may defend without him; and if he lose her land by default, she may bring an action of ejectment after his death. Id. c. 3, §§ 3, 4. The real estate of females married before, and the real and personal property of those after Feb. 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. Laws of 1850, c. 44. She may insure the life of her husband, son, or any other person, for her own exclusive benefit, but the annual premium must not exceed $300. Laws of 1862, c. 182. A homestead of forty acres, used for agricultural purposes, or onefourth of an acre within a recorded town plot, or city, or village, is exempt from sale on execution. Rev. St. c. 134, § 23; Laws of 1863, c. 88; Laws of 1864, c. 270. No marriage contracted after March 25, 1872, makes the husband liable for the antenuptial debts of the wife; but she may be sued for them as if unmarried. Her separate earnings are her own property, and she may be sued for them. All processes may issue against her except an execution against her person. Laws of 1872, c. 155.

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