Either husband or wife can make a will without the knowledge or consent of the other, the latter disposing of all her separate property, the former of all but the wife's life interest in one-third of the real estate. The law provides, however, that no person having husband, wife, child or parent can bequeath over one-half of his property, after payment of debts, to any institution, association or corporation.
The wife can mortgage or convey her real and personal estate without the husband's signature. He may do this with his personal property but not with his real estate.
A married woman may carry on any trade or business and perform any labor or services on her own account, and her earnings are her sole and separate property. She may sue and be sued as if unmarried, and may maintain an action in her own name and the proceeds of such action will be her separate property.[1]
She may contract as if unmarried and she and her separate estate are liable. A woman engaged in business can not be arrested for a debt fraudulently contracted. All women enjoy certain exemptions from the sale of their property under execution which in the case of men are granted only to householders — that is, a man who provides for a family.
The husband's creditors have no claim to a life insurance unless the annual-premiums have exceeded $500; and it is also exempt from execution for the wife's debts.
Common Law marriages are legal, requiring neither license nor ceremony, and 14 years is the legal age for the girl.[2]
- ↑ It was not supposed that this right could be questioned, but in 1901, in New York City, a woman who was supporting her children by washing while her husband was in the hospital, was thrown from a trolley car with her baby in her arms and injured so that she could not work. She brought suit against the Street Railway Company before a municipal court, and was awarded $147.50. The company appealed to the Supreme Court and Justice David Leaventritt reversed the decision, saying in his opinion: "At Common Law the husband was absolutely entitled to the earnings of his wife, and neither the Enabling Act of 1860 nor the broader one of 1864 has affected the right, unless the service and earnings were rendered and received expressly upon her sole and separate account." Afterwards in explanation he said that the woman had not made it clear in her suit that she was working for herself and not performing service for her husband. In 1902 a law was passed securing absolutely to married women their own earnings and the right to sue for damages by loss of wages in case of personal injury.
- ↑ In 1901 an attempt was made to correct this evil, and a ridiculous law was passed and duly signed by Governor Odell providing that a couple may become husband and wife by signing an agreement before witnesses, but in order to make this legal it must be recorded within six months. If at the end of this time it has not been recorded both are free to marry somebody else. If the fourteen-year-old wife should not know of this legal requirement she may find herself abandoned without redress.
