The property belonging to the wife at the time of marriage no longer passes to her husband, although it is still largely under his control. He becomes her debtor and is accountable to her for her separate property; and she must have him account to her annually for the income and profits which he may receive from it, otherwise she will be barred. If the wife permit the husband to employ the income or profits of her estate in the maintenance of the family, he will not be liable to her therefor.
Dower and curtesy are abolished. If either husband or wife die without a will, leaving no children nor descendants of any, the entire estate, real and personal, goes to the survivor. But if there are one or more children or descendants by this or by a former marriage, the surviving wife or husband has a child's share of both real and personal estate.
Each has equal rights in making a will, although if the provisions are not satisfactory to the survivor he or she can take under the law, but this can not be done if separate property is owned equal to what would be the inheritable portion of the estate.
If the residence is upon the property of the husband, that is the homestead and exempt from his debts and he is the head of the family. If it is upon the property of the wife, that is the homestead and exempt from her debts, and she is the head of the family. In neither case can it be mortgaged or sold unless both join, but the one owning it may dispose of it by will.
A married woman may qualify as executor or administrator of the estate of a deceased person, and as guardian of the estate of a minor or person of unsound mind.
She may contract, sue and be sued and carry on business in her own name as if unmarried and her earnings belong to her.
The father is the legal guardian of the minor children and by will may appoint a guardian of their property, but he can not deprive the mother of the custody of their persons.
