There has been no distinction between husband and wife in the laws of inheritance since 1873. The surviving wife or husband is endowed of a third part of all the real estate of which the other dies possessed. If either die without a will, leaving a surviving child or children, or descendants of such, the survivor receives, in addition, one-third of the personal estate absolutely. If, however, there are no lineal descendants, the widow or widower receives absolutely one-half of the real estate and the whole of the personal estate. If there are no descendants and no kindred, the whole estate goes to the surviving widow or widower.
A married woman has held her property in her own name since 1861. She has been entitled to engage in business, control her earnings, sue and be sued and make contracts since 1869.
Until 1901 the father was entitled to the care of the persons and education of the minor children. In 1898 Mrs. McCulloch published, in the form of a story called Mr. Lex, a résumé of the terrible injustice and cruelty possible under this law; and also pointed out the same possibilities in the administration of other laws which seem entirely fair to the casual observer. It was widely reviewed by the Chicago press and aroused much interest. In the winter of 1901 a bill was passed by the Legislature giving fathers and mothers equal guardianship and custody of their minor children. Mrs. McCulloch, representing the State E. S. A., had charge of this bill. A copy of her book, Mr. Lex, was sent to every member, as well as the full facts from every State which had such a law as the one proposed. She also obtained the indorsement of numerous organizations and influential persons, and had many individual letters written to members. All this simply to give mothers equal guardianship with fathers of their own children!
Mrs. McCulloch was ably assisted by the Rev. Kate Hughes. The bill passed by the large vote of 34 ayes, 8 noes, in the Senate; 119 ayes, one no, in the House. It was signed by Gov. Richard Yates on May 18. The wife is entitled to support suited to her condition in life. The husband is entitled to the same support out of her individual property. They are jointly liable for family expenses. Failure
appeared, but some of those twelve signers can be found composing the Chicago Anti-Suffrage Society of the present day.
