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Release of dower,

etc.

Agreement between Wife and Guardian.

When Real Estate of married wo

public use.

sell the interest of the ward in any real estate of his wife, the wife may, if she thinks fit, join with the guardian in the conveyance, and thereby sell and convey all her estate and interest in the granted premises, in like manner as she might have done by joining in a conveyance thereof made by her husband, if he had been under no legal disability.

(3280.) SEC. 16. In case of any such release by the wife, of her right of dower, or of any such conveyance of her own estate, the proceeds of the sale may be so invested and disposed of, as to secure to her the same right, use and benefit of the principal sum and the income thereof, that she would have had in such real estate and the income thereof, if it had not been sold.

(3281.) SEC. 17. Any agreement made between the wife and the guardian of her husband, for securing and disposing of the proceeds of any such sale, or any part of such proceeds, for the purpose mentioned in the preceding section, being approved and confirmed by the Judge of Probate who granted the license to sell, or by the Circuit Court on an appeal from the decision of the Judge of Probate, shall be valid and binding upon all persons interested in the estate, and may be enforced by an action at law, or a suit in Chancery.

(3282.) SEC. 18. When the real estate of any married men taken for woman shall be taken for any public use, or shall be damaged by the laying out and establishing of a highway, railroad, turnpike, or other public work, the damages or compensation awarded therefor may be so invested and disposed of, as to secure to her the same right, use and benefit of, and in the sum so awarded, and the income thereof, as she would have had of and in the real estate and the income thereof, if it had not been so taken or damaged.

Probate Court

may make de

rights of Wife.

(3283.) SEC. 19. On application of any such woman to the rees for securing Probate Court of the county in which such real estate is situated, or of the county in which she resides, such Court may hear and determine the case, and may make all such orders and decrees as shall be necessary and proper to enforce and secure her said rights and interests.

Married woman coming from an

Country, without

(3284.) SEC. 20. When any married woman shall come from other State or any other State or country into this State, without her husband, ker Husband. he having never lived with her in this State, she may transact business, make contracts, and commence, prosecute and defend suits in her own name, and dispose of her property which

Mass. R. S., Ch.

77, Sec. 18.

15 Mass., 31. 6 Pick., 89.

may be found in this State, or which she may acquire, in like manner, in all respects, as if she were unmarried.

bilities of such

(3285.) SEC. 21. Such married woman shall be liable to be Powers and liasued as if she were unmarried, upon all contracts, and for all Married Woman. other acts, made or done by her after her arrival in this State; and she may make and execute any deeds and other instruments, in her own name, and do all other lawful acts, that may be necessary and proper to carry into effect the powers herein granted to her.

ing into this State rital rights; et

(3286.) SEC. 22. If the husband of any such woman shall after- Husbands comwards come into this State, and claim his marital rights, his and claiming maarrival here shall have the same effect, with regard to any suit fect of. then pending, in which she is a party, and to any contract made, or business transacted by her under the power granted to her by the provisions of this chapter, as if they had been just married at the time of his arrival here, and shall have no other effect.

may join in par

Estate.

16.

(3287.) SEC. 23. The wife of any man who is under guar- wife of Ward dianship, may join with the guardian in making partition of her tition of her Read own real estate, held in joint tenancy or in common, and may, 1839, p. 220, Sec. jointly with such guardian, make any release or other conveyance necessary or proper for that purpose, in like manner as she might have done with her husband, if he had been under no legal disability.

on divorce from

(3288.) SEC. 24. Upon a.divorce from bed and board, the Powers of Wits wife shall have the same powers and rights in respect to her bed and board. real and personal estate, and to such as she may afterwards acquire, and shall be subject to the same liabilities in all respects as an unmarried woman, and may sue and be sued in her own name in like manner.

Woman in rela

owned by her.

(3289.) SEC. 25. Any real or personal estate which may have Rights of Married been acquired by any female before her marriage, either by tion to property her own personal industry, or by inheritance, gift, grant or 1844, p. 77. devise, or to which she may at any time after her marriage be entitled by inheritance, gift, grant or devise, and the rents, profits and income of any such real estate, shall be and continue the real and personal estate of such female after marriage, to the same extent as before marriage; and none of said property shall be liable for her husband's debts, engagements or liabilities; but such property shall be liable for all debts of the wife contracted prior to her said marriage: Provided, that nothing in this section contained shall be construed to authorize any married woman to give, grant or sell

Concurrent jurisdiction in ca

last

any such real or personal property during coverture, without the consent of her husband, except by order of the Judge of Probate, or the proper Court of the county: and Provided, further, that upon a separation between such husband and wife, saving by an adjudication of Court, such married woman shall in no case be authorized to remove any such property from the premises of her husband without his consent.

(3290.) SEC. 26. The Circuit Court for the county where ses arising under the parties, or either of them, reside, shall have concurrent jurisdiction with the Court of Chancery in all cases arising under the provisions of the preceding section, and the wife may institute proceedings to enforce the said provisions, in her own name or otherwise.

Estate of Hus

band by curtesy.

(3291.) SEC. 27. If any married woman shall die without Mich. 93. disposing of any such real estate, the husband surviving her shall have a life estate therein by the curtesy.

See Sec. 2803.

Property of Mar

ried Women not

band's debts.

An Act Relative to the Rights of Married Women.

[Approved February 13, 1855. Laws of 1855, p. 420.]

(3292.) SECTION 1. The People of the State of Michigan enact, liable for Hus- That the real and personal estate of every female acquired before marriage, and all property, real and personal, to which she may afterwards become entitled, by gift, grant, inheritance, devise, or in any other manner, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations and engagements of her husband, and may be contracted, sold, transferred, mortgaged, conveyed, devised as if unmarried. or bequeathed by her, in the same manner and with the like effect as if she were unmarried.

She may con

tract, sell, etc,

Trustee may convey to her.

Actions by and against.

(3293.) SEC. 2. Any person who may hold, or who may hereafter hold, as Trustee for any married woman, any real or personal estate or other property, under any deed of conveyance or otherwise, may convey to such married woman, by deed or otherwise, all or any portion of such property, or the rents, issues and profits thereof, for her sole and separate use and benefit.

(3294.) SEC. 3. Actions may be brought by and against a married woman in relation to her sole property, in the same manner as if she were unmarried, and in cases where the property of the husband cannot be sold, mortgaged or otherwise encumbered, without the consent of his wife, to be given

ble on her con

in the manner prescribed by law, or when his property is exempted by law from sale on execution or other final process issued from any Court against him, his wife may bring an action in her own name, with the like effect as in cases of actions in relation to her sole property as aforesaid. (b) (3295.) SEC. 4. The husband of any married woman shall Husband not lianot be liable to be sued upon any contract made by such tracts. married woman in relation to her sole property, and the wife shall be liable to be sued upon any contract or engagement made by her in cases where her husband is not in law liable, or where he refuses to perform such contract or engagement, and in any case herein authorized, the cause of action shall be deemed to have accrued from and after the passage of this act. (c)

tracts binding.

(3296.) SEC. 5. All contracts made between persons in Ante-nuptial concontemplation of marriage, shall remain in full force after marriage takes place.

SEC. 6. This act shall take effect immediately.

An Act Relative to the Insurance on Lives for the Benefit of Married Women.

[Approved April 3, 1848. Laws of 1848, p. 350.]

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may Insure life of

(3297.) SECTION 1. Be it enacted by the Senate and House of Married Woman Representatives of the State of Michigan, That it shall be Husband, etc. lawful for any married woman, by herself, and in her name, or in the name of any third person, with his assent, as her Trustee, to cause to be insured for her sole use, the life of her husband or the life of any other person, in any Life Insurance Company of any nature whatever, located in either of the States of the United States of America or in Great Britain, for any definite period, or for the term of his natural life; and in case of her surviving her husband, or such other person insured in her behalf, the sum or net amount of the policy of insurance due and payable by the terms of the insurance, shall be payable to her, to and for her own use, free from the claims of the representatives of her husband, or of such other person insured, or of any of his creditors, but such exemption shall not apply where the amount of premium annually paid shall exceed the sum of three hundred dollars.

(b) (c) As Amended by "An Act to Amend an Act entitled an Act relative to the Rights of Married Women." Approved and in force February 16, 1857. Laws of 1857, p. 359.

When Insurance

may be payable

(3298.) SEC. 2. In case of the death of the wife before the to her children. decease of her husband, or of such other person insured, the

amount of the insurance may be made payable after her death to her children, for their use, and to their guardian, if under age, or the amount of the policy may be disposed of by such married woman by a last will and testament.

SEC. 3. This act shall take effect and be in force from and after its passage.

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