riage, even if she carried him a fortune, and all her fortune went, as above stated, to his representatives. But if she dies, leaving things in action not reduced by the husband to possession, and he reduces them to his possession as her administrator, he must apply them to the payment of her debts, and can hold for himself only what is left after such payment.

Such, we have said, is the common law of England and of this country. We have stated it because it is the origin and common foundation of the law everywhere. But it is not just or right; and there are few, perhaps no one of our States in which it remains wholly unqualified by statutory provisions. But these provisions are very various; and in some of the States they change with almost every year.

In nearly all the States a married woman conveys her own real estate and releases dower by joining in a deed with her husband; but she is not generally bound by covenants therein, and, in many, must be separately examined. In most, she has a certain time, after removal of the disability of coverture, to assert her different rights, otherwise barred. Generally, devises or conveyances to husband and wife create a joint-tenancy, unless the terms of the devise or conveyance are expressly otherwise. And, upon the marriage of a woman who is plaintiff or defendant, the suit does not abate, but the husband may be admitted to prosecute or defend with her.

I give here an abstract of the law of husband and wife, as it stands on the Statutes of the several States:

ALABAMA.

In ALABAMA, the wife's separate estate is alone liable for her antenuptial debts. Code of Ala. (1852), § 1981. All her property held before, or acquired after, marriage is secured to her separate use. Id. § 1982. The husband is her trustee, but not liable to account for the profits. Id. § 1983. She need not be of full age to release dower. Id. § 1358. The proceeds of a sale of her property are her separate estate, which the husband may use as most beneficial for her. Id. § 1985. He may receive property coming to her. Her estate is liable for necessaries for the family. If a suit therefor is brought against a husband and execution is not satisfied, her separate estate may be sold by order of court. She may dispose of her property by will. Id. §§ 1986-1989. If the husband is unfit to manage her estate (or his estate, or abandons her, or has no property exempt from execution, id. §§ 2003,

2004), she may be vested with the powers of a feme sole. Id. §§ 1994, 1995. If he is unfit to manage his estate, a trustee may be appointed to manage that. Id. § 1998-2002. Forty acres of land, in value not exceeding $500, and certain personal property, are exempt from execution, and cannot be sold by any member of the family. Id. §§ 2462, 2464. As to the effect of marriage upon wills, see id. §§ 1597, 1598; recording marriage settlements, id. § 1293.

ARKANSAS.

c. 103. A married woman cannot be There are other provisions for the wife

In ARKANSAS, a feme covert may be seized in her own right of any property not coming from her husband. Dig. of Ark. Stat. c. 104, § 1. Such property is not liable for the debts of the husband contracted before marriage. R. S. c. 60, § 19. The homestead and a certain amount of personal property is exempt from execution. Id. c. 67, §§ 19, 20; Public Acts of 1852, p. 9. There are provisions for recording marriage-contracts. Dig. of Stat. executrix or administratrix. Id. c. 4, § 5. in case of abandonment by husband, id. c. 102, § 8; and as to dower, id. c. 4, §§ 3, 56, 57; c. 59; Hill's Adm'rs v. Mitchell, 5 Ark. 608; Menifee's Adm'rs v. Menifee, 3 Eng. 9. A married woman cannot make a will unless empowered by a marriagesettlement, or by her husband. Dig. of Stat. c. 170, § 3. The private property of no married woman is exempt from the payment of debts contracted by her husband, previously to the filing of a schedule of such separate property in the office of the recorder of the county where she lives. Dig. of Stats. 1858, ch. 111, § 7.

CALIFORNIA.

In CALIFORNIA, all property owned before marriage, or subsequently acquired by gift, bequest, devise, or descent, by either party, is the separate 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. 1850-1853, ch. 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. ch. 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. ch. 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, ch. 17. She may devise by will, with the written consent of her husband (unless this is rendered unnecessary by marriage-contract). Compiled Laws, ch. 24, § 2, p. 140. By complying with certain requirements, she may carry on, in her own name, any business, trade, profession, or act, 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. ch. 178, p. 881. She may cause the life of her husband to be insured for her benefit. Public Laws of 1854, ch. 40.

CONNECTICUT.

In CONNECTICUT, the husband's interest in wife's real estate cannot be taken for his debts, during her life or that of her children. Compiled St. (1854), Tit. 7, c. 1. §7; so of her wages. Id. § 8. All real estate conveyed to her during marriage, paid for by money earned by her personal service, is hers to her sole use. Compiled St., p. 377. And the proceeds of her real estate are hers, in equity, and not liable for his debts. Public Acts of 1850, c. 31, Comp. St. p. 377. Personal estate coming to the husband in the right of the wife, or through her as the meritorious cause, is held by him as trustee for her use, Comp. St. Tit. 7, c. 1; Public Acts of 1849, c. 20, § 1; excepting so far as he has paid her debts contracted before marriage, Public Acts of 1855, c. 43, § 1; and he may be required to give bonds as such trustee, or be removed and another appointed. Compiled St. Tit. 7, c. 1. There are also provisions as to executors, guardians, &c. Public Acts of 1856, c. 37, §§ 1, 2, 3. Her receipt for money deposited by her in any bank or savings bank is

valid. Compiled St. Tit. 7, c. 1. § 9. Policies of insurance on life, for her benefit, if the premium does not exceed $150, or is paid from her private property, are secured to her. Id. p. 378. All personal property coming to her during his abandonment of her, or their separation from his abuse or intemperance, is hers alone; and he thereby loses all control of all her property. Public Acts of 1850, c. 33, § 2. During the abandonment, she may act as a sole trustee, and after it has continued three years, may, with leave of court, execute deeds of her real estate. Public Acts of 1856, c. 36, § 1. Deed of sale of minor married woman's land, by order of Court of Probate, upon joint application, in writing, of herself and husband will be good, as if she were of full age; the proceeds of such being held subject to the direction of the court. General St., ch. 2, Tit. 13, §§ 14, 15, 18. He may receive, she being a minor, her personal estate upon filing an application in the Probate Court where the will was proved and after proof of marriage and signing a bond for the safe keeping of such estate; but no sale by him of his interest in her estate is valid without her consent, or after her death that of the guardian of her heirs, under age, in writing. Id. §§ 21, 28, 29, 30. During abandonment she may transact business in her own name, and sue and be sued as a feme sole. Id. § 25. Husband is not liable for wife's debts incurred before marriage, but is liable for debts incurred for support of wife and children, since the vesting in him of her property. Id. §§ 20, 31. She may with her husband (both being of lawful age) by joint deed convey her real estate, and it as well as her personal property, whether hers before or acquired since marriage, and the rents and income thereof, are not liable for his debts either before or after his death. But such property and the proceeds of the sale thereof, shall upon his death be her sole and separate property. Id. p. 483, § 1.

DELAWARE.

In DELAWARE, 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, ch. 572, § 1, 2, 3.

FLORIDA.

In FLORIDA, the husband or wife administers in preference to others. Thompson, Dig. 2 Div. Tit. 3, ch. 2, § 1, ¶ 5. Their rights, by marriage, under the Spanish law when in force, are preserved. Id. 2 Div. Tit. 3, ch. 1, § 4; 2 Div. Tit. 3, ch. 1, § 2, T1. The wife retains independent of her husband and not liable for his debts (if inventoried and recorded, but failure to record confers no rights upon him, id. 2 Div. Tit. 5, ch. 1, § 2, T 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, ch. 1, § 2. Every person of the age of twenty-one years," of sound mind, may make a will. Id. 2 Div. Tit. 3, ch. 1, § 1, ¶ 1.

66

GEORGIA.

In GEORGIA, marriage-settlements, if not recorded within a specified time, are invalid as to bonâ fide purchasers, creditors, or sureties, without actual notice, becoming so before actual recording. Cobb, Digest (1851), p. 180. The husband takes administration, and is sole heir of his deceased intestate wife, id. p. 294; appendix, p. 1129, § 19; Liptrot v. Holmes, 1 Kelly, 381; McGinnis v. Foster, 4 Geo. 377; Lee v. Wheeler, id. 541; and widows of intestate husbands without issue. Cobb. Dig. p. 295. On marriage, since February 22, 1785, the wife's real estate vests in the husband, like personality; real and personal property are put in respect to distribution on the same footing. Id. p. 305; 2 Kent, Com. (8th ed.), 109, n. (a); 4 id. 27. There are provisions as to the marriage of an administratrix, id. pp. 327, 331; of a person who has previously made a will, id. p. 347; disabling the husband to sell a certain amount of property, unless the wife, of her own choice, join in the conveyance. Id. pp. 389-391. The wife of an idiot or lunatic is generally entitled to the guardianship. Id. pp. 342, 343. If deserted, her earnings vest in herself. Laws of 1851-2, Tit. 16, art. iv. p. 237. By an act approved February 28, 1856, Laws of 1855-6, 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, vest in her, and is not liable for any debt, default, or contract of her husband. Id. 1866, Tit. 18, § 1.