stroy his property, he may use the means necessary to prevent her. If she desert him without cause, he may lawfully, (if he can without breach of the peace,) exercise such necessary compulsion upon her, as will compel her to return. This power rests upon the right which he has to her society, and which he may thus enforce against herself, or any other person who detains her. He is also entitled to the privilege of habeas corpus, to aid him in the accomplishment of this purpose, upon proper cause shown.

By the common law, the husband, by marriage, acquires an absolute title to all the personal property which the wife has in possession at the time of the marriage, such as money, goods, and personal chattels of every kind. These, at common law, can never revest in the wife, except by decree of divorce embracing such a return of her property, or by a will of her husband. In case of his death without a will, this property vests in his executors, to her exclusion. The husband, by marriage, also becomes entitled to dispose of his wife's chattels real, at pleasure. But, with reference to these and also her uncollected debts and other "things in action," in contra-distinction to "things in possession," if he should die before reducing them to his actual possession, they belong to her, and not to his representatives. If the husband survive, things in action, uncollected, go to the representatives of the wife: but chattels real become thereby his absolutely.

The husband also, by marriage, acquires, at common law, the right to receive the rents and profits of all the real estate of the wife during coverture. His interest therein ceases at her death, unless he has by her a child born alive, which would have inherited the estate if it had been alive at the death of its mother; in which case the husband is entitled to the use of such property during his life. This estate is called tenancy by the curtesy.

Upon the death of a husband without valid will, the wife is entitled to one-third part of the real estate of inheritance, of which the husband was seized to his own use during the coverture. This is her dower, of which the husband cannot deprive her by will, nor by any conveyance during coverture,

unless her assent be manifested by joining with him therein. An actual possession of the estate, by the husband during his life, is not necessary, legal seizin being sufficient. She is, also, upon the death of her husband without will, under the English statute of Distributions, which has been quite universally adopted in these States, entitled to one-third of his personal property remaining after the payment of his debts, if he left issue; and if he left no issue, she is entitled to onehalf. This share of personal estate, however, is not, like dower, inalienable by the husband: but he may, if he chooses, deprive her of it by will. She is also entitled to an indefinite estate, in what is called her paraphernalia at common law, consisting of beds and clothing, suitable to her condition in life, and of her watch, ornaments, jewels, laces, &c.

The husband becomes liable, at common law, to pay the debts of his wife, provided they be collected during the coverture; and he is also liable for her wrongs committed after the marriage. If they were committed by his direction or in his presence, he alone is liable; it being presumed that they were committed under his coercion.

He is also bound by such contracts as are made by his implied authority; which include such as, according to the usage of the place, a wife is accustomed to make, and such as she has been accustomed to make and he has been accustomed to acknowledge and perform.

He is also bound to pay for any article purchased by her which came to his use, and to furnish her with necessaries according to her rank in life. He may prohibit a particular person from trusting her, but, if he fail properly to provide for her himself, and forbid all persons to supply her with necessaries, he will be bound by her contracts for necessaries suitable to her degree and condition in life.

He must maintain her with necessaries, according to his rank in life, so long as she cohabits with him; and when she does not, if she have sufficient reason for refusing so to do.

If he turns her away, or treats her with such cruelty or indignity that she is obliged to leave him, he is not only bound at law for her necessaries, but a court of equity will, on her

application or that of her next friend, decree, on her behalf, a separate maintainance, suitable to her degree and quality.

SECTION 2.

Rights of the Survivor of them.

We have already spoken of the rights of the survivor to an estate in dower or in courtesy, and of the right of the wife, to an interest in the personal estate of her husband and in her paraphernalia, in the foregoing section.

If the husband survive the wife, he is entitled to administer her personal estate, and, in that capacity, may collect her choses in action and pay her debts, and, if there is a surplus, it, at common law, belongs to him. He is also the absolute owner of her chattels real, as we have seen. The Judge of Probate has authority, when a wife survives her husband, to appoint her his administratrix; and, indeed, if she be a suitable person, she is entitled to be so appointed; he may also, by a long established custom, which is now in many States sanctioned by statute provisions, make her a reasonable allowance from her personal estate, for her support and maintainance while the estate is in settlement, which allowance is, as to amount, usually limited, practically, only by the discretion of the Judge.

FORMS.

1. AGREEMENT TO LIVE SEPARATE, PUTTING THE ESTATE OF THE WIFE IN THE HANDS OF A TRUSTEE.

This agreement, made this 10th day of June, A. D. 1869, between A. B., and M. his wife of the one part, and C. D. of the other part, Witnesseth:

Whereas differences have arisen between the said A. B. and the said M., on account of which the said M. has, with consent of said A. B., lived separate from him and at her own expense and whereas said A. B. is desirous that said M. shall retain and enjoy all the estate and property of every nature,

which she now has, or which any person has in trust for her, or which she may hereafter become possessed of, or entitled to in any manner, to her sole and separate use, and that of her heirs and assigns:

Now, therefore, in consideration of one dollar paid to said A. B. by said C. D., they, the said A. B. and M. his wife, have granted, bargained, sold, assigned, and transferred, to the said C. D., the estate and property hereinafter described: [here describe the estate and property to be conveyed.] To have and to hold said estate and property, to said C. D., his heirs and assigns forever; in trust, nevertheless, and to the sole and separate use of the said M., and at her sole disposal.

And the said A. B. doth hereby, for himself, his heirs and assigns, covenant and agree, to and with said C. D., his successors and assigns, that he will at any time hereafter, at the written request of said M. or said C. D., transfer and convey to said C. D. any and all estate to which she, the said M., may in any manner hereafter become entitled, by uniting with her in any deeds or transfers proper to be entered into for that purpose.

And the said A. B. hereby covenants and agrees to and with said C. D., his successors and assigns, that he will warrant and defend said estate and property, and the estate and property to which said M. may hereafter become in any manner entitled, to him, the said C. D. and his successors and assigns, against the claims and demands of all persons claiming under, through or on account of him, the said A. B. And said A. B. further covenants and agrees, that said M., by her last will and testament, may devise, bequeath and dispose of, all or any such estate and property as she may. have, or be in any manner entitled to, the consent thereto of said A. B. being hereby declared.

And said C. D. hereby signifies his acceptance of said transfer and conveyance of the real and personal estate aforesaid, and agrees to hold and manage the same and such other estate and property as may come to him by conveyance or other

wise, as herein is provided, according to the provisions of this

agreement.

In witness whereof, the parties have hereto set their hands and seals the day and year above first written.

[Should be witnessed and acknowledged, as in Chapter 32, Section 10.]

2. SAME, WITH COVENANTS TO PAY A STIPULATED SUM FOR

SUPPORT.

This agreement, made this 10th day of June, A. D. 1869, between A. B. and M. his wife of the one part, and C. D. of the other part, witnesseth: Whereas differences have arisen between said A. B. and said M., on account of which they have agreed to live separate and apart from each other during their natural life:

Now, therefore, said party of the first part, in consideration of the premises and in pursuance thereof, doth covenant and agree with the said C. D. and with M. his said wife, that she may at all times hereafter live separate and apart from him, and that he will allow her at all times to reside where, and with whom she pleases, and to carry on such trade or business as she may think fit; and that he will not at any time, or in any manner, sue, molest, or trouble her, for living separate and apart from him, or any other person for receiving or harboring her; and that he will not, without her consent, visit her, or enter any house or place where she may be residing, or in any manner correspond or attempt to correspond with her; that he will not at any time claim or demand any of her property or rights of property, and that she may enjoy and dispose of the same, as if she were unmarried; and further, that he, the said A. B.,will pay or cause to be paid to her his said wife, towards her support and maintenance, the sum of one thousand dollars annually, clear of