widow was not able to receive the immediate assistance she needed, because the property was all in the form of real estate. The new law permits the real estate to be used if necessary. It also gives $100 to a minor child for his immediate necessities, if there is no widow; the old law gave $50. The new law permits the widow to remain in her husband's house for six months after his death. The old law gave her only forty days.
A married woman has full control of her separate property, and can dispose of her real estate subject only to the husband's interests. If she has been deserted or if the court has decreed that she is living apart from him for justifiable cause, she can by will or deed dispose of all her real and personal estate as if unmarried. The husband can do the same.
A married woman can be executor, administrator, guardian or trustee. She may make contracts with any one except her husband; may sue and be sued, carry on business in her own name, by complying with the legal requirements; control and invest her earnings and enter into partnerships. She is responsible for her contracts and debts and her property may be held for them. The husband is not liable on any judgments recovered against the wife alone, and her separate property is not liable on any judgment or execution against the husband. Suits between husband and wife are not allowed except for divorce.
The father is the legal guardian of the persons and estates of minor children; he has power to dispose of them during the lifetime of the mother and may appoint a guardian at his death.[1]
For non-support of wife and minor children the husband may be fined not exceeding $20 or imprisoned in the house of correction not exceeding six months. At the discretion of the court the fine is paid in whole or part to the town, city, society or person actually supporting such wife and children. (1893.)
- ↑ In 1847 Lucy Stone began to advocate giving the mother equal guardianship of the children with the father. During the past thirty years the State Suffrage Association has repeatedly petitioned the Legislature to this effect. In 1902 many other organizations joined in the effort, and the petition for equal guardianship was indorsed by 34,000 women. The Committee on Probate and Chancery reported adversely. Representative George H. Fall's Equal Guardianship Bill was debated on two days and finally passed both Houses and was signed by Gov. W. Murray Crane in June. The only society of women that has ever ranged itself publicly on the opposing side of this question is the Massachusetts Anti-Suffrage Association. For years it circulated with its official imprint a leaflet in defense of the law which excluded mothers from the custody and guardianship of their children.
