without a will, after the payment of all debts, charges, etc., she may have household furniture to the value of $250 and other personal property not exceeding $200. If any residue remains she is entitled to the same share that a child receives. If there is no issue living, a widow takes the use for life of the entire estate, both real and personal. If there is no kindred of the husband, the widow comes into absolute possession. If a wife die, leaving no issue, the husband has the life use of all her real estate. If she leave children by a former husband they are entitled to all of the estate which did not come to her as a gift from her surviving husband. If she leave issue by the latter only, or by both, then the widower has a life interest in one-third of her real estate. After the payment of her debts her personal property is distributed in the same way as her real estate.
The wife can mortgage or sell her real estate without the husband's signature and without regard to his curtesy. He can do the same with his separate property but subject to her dower. Both must join in an incumbrance or sale of the homestead.
A married woman may control her own property and wages and carry on business in her own name.
Father and mother have equal guardianship and custody of minor children. (1895.)
The husband is expected to furnish suitable maintenance according to his own. ideas. The property which belonged to the wife before marriage can be levied on for the husband's debts for necessaries furnished the family if he have no property.
The mother is not "next of kin" and can not sue for damages to a minor child. In 1900 a child of thirteen was injured by a locomotive, and the Judge held that the father and not the mother was entitled to bring suit, although she had a divorce years before and had brought up the child without any assistance from him.
If a divorce is granted for the wife's adultery "the husband may hold such of her personal estate as the court may term just and reasonable." If she secure a divorce on account of his adultery, "the court may restore to her the whole, or such part as may seem just, of her own property which she had at marriage. If this is insufficient for the support of herself and her children the court may decree alimony from the husband's estate."
