Ma; Public Acts of 1832, c. 302, § 7. She cannot be executrix or administratrix unless her husband give a bond. Id.; Public Acts of 1798, c 101, Sub. c. 4, § 8. Her choses in action, at her death, become her husband's without his taking out letters of administration. Id. Sub. c. 5, § 8. An alien wife of a citizen husband residing in the United States, has her dower, and may hold lands by purchase and transfer the same as if a citizen. Id.; Public Acts of 1813, c. 100. Any devise or bequest to her is construed to be in bar of her dower, unless otherwise expressed. Id.; Public Acts of 1798, c. 101, Sub. c. 13, §§ 1, 3. Insurance on life is secured to her, if the premium do not exceed $300. Public Acts of 1840, c. 212. Her receipt for money deposited before her marriage in any bank, is valid, if no creditor of the husband has previously attached it. Public Acts of 1853, c. 335. Married woman may make a will with consent of her husband subscribed if she have been examined apart; not to apply to property acquired after the adoption of this code. Code 1860, p. 686. Her property belonging to her at marriage or acquired during coverture is not liable for his debts, but she holds it for her separate use the same as if sole. She may convey by joining with her husband. Property passing from him to her after coverture if in fraud of creditors is void. If she die intestate leaving children, he has a life estate in both real and personal property; but if she leave no children his life estate in her real and personal property vests in him absolutely. Code 1860, p. 325, §§ 1, 2 and 7. It is not necessary for her to have a trustee to secure the separate use of her property, but she may make one by joining to a deed with her husband. When there is none she may sue by her next friend. Id. 325, § 14. She has dower in lands held by equitable title of her husband. If he be convicted of bigamy she is at once endowed of one-third of his real estate, with like remedy for its recovery as in other cases, and to one-third of his personal estate as if he had died intestate. He in such case forfeits his title to curtesy, and his claim to any estate personal or mixed which he might have in her right. She, on such conviction forfeits dower, and her share of the personal estate. Id. p. 207, § 11. If leases for a definite term or renewable forever are made to her, the rent of which shall be unpaid for the space of ninety days, she may levy upon the holders of such lease by distress, or bring an action for the recovery of the premises. She may bind herself and assigns by covenants running with the land as if a feme sole. Laws of Md. 1867, p. 427, §§ 1, 2. She may release her right of dower in real estate, by joint or separate deed. Id. 327, § 11.

MASSACHUSETTS.

In MASSACHUSETTS, provisions exist for the benefit of the wife when deserted by the husband (R. S. ch. 77), to a great extent superseded by the Laws of 1855, ch. 304, post. A married woman coming into the State, whose husband never lived with her in the State, has the same rights as a single woman in matters of contract and suit. R. S. ch. 77, § 18; Gregory v. Paul, 15 Mass. 31; Abbott v. Bayley, 6 Pick. 89. Antenuptial contracts in favor of the wife are valid, and she may receive any conveyance (except from her husband), bequest, or devise to her own use, with

out a trustee, and has all the powers respecting it a trustee would have, and is liable for any contract made or wrong done before marriage. Laws of 1845, ch. 208. A woman married after June 4, 1845, holds, as a single woman might, all property held before marriage or subsequently acquired, except by gift from her husband; but cannot convey real estate (except for a term not exceeding one year), nor shares in a corporation, without the written assent of her husband, or the consent of a judge of the Supreme Court, Court of Common Pleas, or Probate, nor bequeathe away from her husband more than half her personal estate, without his consent in writing, and her property is alone liable for her antenuptial debts. Any married woman may dispose by will of her real estate, but cannot thereby deprive her husband of his tenancy by the curtesy; and her real estate and shares in a corporation are not liable for his debts contracted since June 4, 1855. And any married woman may be a sole trader. Laws of 1855, ch. 304. There are also provisions as to guardianship, R. S. ch. 77, 79, and insanity, Laws of 1855, ch. 233; 1856, ch. 99, 169. A homestead to the value of $500, is not liable for the debts of a householder, but after his death is for the benefit of his widow and family, for her life and while any child is a minor, provided it be designated in the deed of purchase as a homestead under this act, or if already purchased, be so declared in a deed acknowledged and recorded, and is safe only from debts contracted after the record, and is not exempt from taxes, debts incurred by purchase, and debts for groundrent of land upon which it is situated. This exemption shall not defeat any lien or encumbrance existing when the law was passed. A husband cannot convey such homestead without his wife joins in the deed. Laws of 1851, ch. 340. If a man dies testate, leaving a widow, she may at any time within six months after probate of the will, file in the probate office her waiver of the provisions made for her in the will; and shall be thereupon entitled to such portions of his real and personal estate, as she would have been entitled to if her husband had died intestate. But she takes only for life her share of the personal property, over ten thousand dollars. Acts and Res. 1861, ch. 1. Married woman doing business on her own account must file a certificate in Clerk's Court, giving name of husband, nature and place of business; if she neglects her husband may file one; and in case both neglect so to do, then the woman shall not be allowed to claim any property employed in the business, as against her husband's creditors; and he shall be liable on all contracts made in the prosecution of such business. Laws and Res. 1862, ch. 198. By Act of 1863, id. ch. 165, married women are prohibited from entering into co-partnership in business with any person. Policies of insurance made payable to her or to any one in trust for her, whether by her husband or any other person, shall enure to her separate use, and that of her children, independently of her husband, the person assigning, or the creditors of either. But if the premium be paid with an intent to defraud creditors, an amount equal to such premium shall enure to the benefit of the creditors, subject to Statute of Limitations. Id. 1864, ch. 197. Any accumulation of income of an estate held in trust for her, in the hands of trustees, or which has been received by her and invested together with the accumulations thereof, may be disposed of by her during her lifetime, or by will or appointment

to take effect after her death, and with her written consent trustees may hold or invest such income on the same trusts as the principal estate is held. She may be a witness when contract was made by her in the absence of her husband. Supplement to Gen. Stats. p. 270. Id. 407.

MICHIGAN.

In MICHIGAN, if a husband abandons his wife, or is in the state prison, she may be authorized, if of age, to act and be liable, in general, as a feme sole, in which case her contracts bind both as if their marriage had subsequently taken place. She may join with her guardian to release dower, and any agreement between her and such guardian is binding. The same rules apply to a married woman who comes into the State without her husband. The property acquired by a married woman, before or after coverture, is free from her husband's liabilities, but she cannot sell it without his consent, or authority from court, nor if separated from him can she remove it from his premises without such authority. R. S. c. 85. She may recover land lost by his default, and defend when he neglects. Id. c. 113, § 3, 4. The marriage of an executrix extinguishes her authority. Id. c. 69, § 8. So of an administratrix. Id. c. 70, § 13. A feme covert may have a general and beneficial power to dispose, during marriage, of lands conveyed to her. Id. c. 64, § 8. She may devise her property, id. c. 68, § 1; and may have dower though an alien. Id. c. 66, § 21. There is also a homestead exemption law, Laws of 1848, No. 109, p. 124, and a married woman may insure the life of her husband for her benefit and that of her children, but the annual premium must not exceed $300. Laws of 1848, No. 233, p. 350. When divorced from bed and board, she has the same power over her property as a feme sole. Compiled Laws p. 965, § 24. When the divorce is not for her fault, or on the imprisonment of her husband for life, she is entitled to her real estate, and a reasonable amount of the personal, which came to him by reason of the marriage. But when it is divorced for her adultery he holds her real estate as long as they both live, and if there be children, he holds it as tenant by curtesy; and her personal estate forever. Id. 956, § 18, 19, 25.

MISSISSIPPI.

In MISSISSIPPI, a feme covert may be separately seized of real or personal property by direct bequest, &c., if it does not come from her husband after coverture. Hutchinson, Miss. Code, ch. 34, art. 4, § 3. She thus holds stock, and implements of husbandry necessary for planting. Id. art. 7, § 3. Rents, issues, and profits of her real estate, enure to her sole and separate use. Id. art. 7, § 2. Id. § 4. Suits affecting her separate property may be prosecuted and defended in their joint names. Id. § 5. Covenants in consideration of marriage and marriage settlement, must be acknowledged and recorded, ch. 42, art. 1, §§ 2, 3. She may defend in a suit for her land if the husband neglects. Id. art. 3, § 5. The husband is not liable for

the wife's antenuptial debts until her separate property is exhausted, nor for any debt contracted after marriage if at the time she owned separate property, ch. 34, art. 7, § 8. The will of a feme covert is void, ch. 49, art. 1, § 14. Wife may convey her real estate by joint deed, and is bound by her covenants in such deed. Revised code p. 317, art. 4. Every description of property of a married woman and the income of such is her own separate property, and is not liable for his debts nor can it be encumbered in any way but by joint deed. Id. 335, art. 23. He is entitled to curtesy in her real estate, and if she leave no children, inherits her personal property. Id. 337, art. 28. She may dissent from his will if her separate property be not equal to what would be her dower and distributive share in her husband's estate. Id. 338, art. 31, 32. Her separate receipt is good; and her bond executed jointly with her husband binds her separate property. Id. 337,

art. 30.

MISSOURI.

In MISSOURI, the husband may recover the rent due on the estate of his deceased wife. R. S. c. 98, § 3. A married woman may not be executrix or administra trix, id. c. 3, § 5, and the marriage of a single woman who is an executrix extinguishes her power. Id. § 32. She may not be guardian of a minor's estate, but may be of his person. Id. c. 73, § 13. Marriage-contracts must be recorded, id.

c. 114, § 3, and may be made when the female is over eighteen. Laws of 1849, p. 67. A married woman cannot make a will unless by authority of a marriage-settlement or from her husband. R. S. c. 185, § 3. The will of a single woman is revoked by subsequent marriage. Id. § 8. The property of a wife, whether acquired before or after marriage, and the use and profits of it, are not liable for the antenuptial debts of her husband. The husband's property, owned before marriage, or subsequently acquired by descent, gift, grant, or devise, and the use and profits of it, are not liable for her antenuptial debts. The wife's property owned before marriage, and that subsequently acquired by descent, gift, grant, or devise, cannot be taken to pay a liability of the husband as security incurred at any time, and is not liable for any fine or costs imposed upon him in a criminal case. Laws of 1849, pp. 67, 68. The wife may insure for her benefit either her husband's life or her own; and no lifeinsurance effected, whether before or after marriage, by the husband upon his own life, shall be liable for his debts, unless so expressed upon the face of the policy. But a creditor may insure his debtor's life. Laws of 1851, pp. 296, 297. If husband without cause abandon his wife, or lawful children under twelve years of age, he is punished by fine of not less than $50 nor more than $500, or by imprisonment for not less than one month nor more than twelve months. Laws of Missouri 1867, p. 112. If of eighteen years of age and upwards and of sound mind, she may devise by will; provided that her husband's estate by curtesy is not affected thereby. Id. 1865, p. 57. In all cases where husband is plaintiff and wife defendant, and vice versâ, she may sue or defend by agent or attorney and likewise in actions, by or against both. Id. p. 87.

NEW HAMPSHIRE.

In NEW HAMPSHIRE, after three months of desertion, or of any other thing which if longer continued will be a cause of divorce, the wife may hold in her several right, and dispose of property acquired by her in any way, and the earnings of the minor children, until the desertion ceases. And the judge of probate in the county where she resides, may order provision for her and her children from any property of the husband in the State. She shall then have the same rights, and her property shall descend, as if single. The wife of an alien or citizen of another State, who has resided in New Hampshire separate from her husband for six months, has the same rights and powers as if her husband were deceased, except that she cannot marry. And there are provisions for the case of a husband becoming a citizen of the State, and for a divorce, and as to minor children; for partition of a wife's real estate, held by her as joint-tenant, and for joining with his guardian in conveying property. Compiled St. (1853), ch. 158. The will of the married woman passes property held in her right, to any devisee except the husband; but shall not affect his tenancy by the curtesy. Laws of 1854, ch. 1522. By antenuptial contract, she may hold any real or personal property in her own right. And any conveyance, devise, or bequest to a married woman to her sole use, or coming to her under a deed of trust (except a direct conveyance from the husband), is valid, and she is an unmarried woman as to such property, and her rights, &c., in or out of court. If she die intestate, such personal property goes to her husband, subject to her debts. He must take administration, and is entitled to the curtesy. Com. St. ch. 158, §§ 12–17. The homestead, to the value of $500, is exempt from attachment and execution, and is in no way liable for the husband's debts, nor subject to distribution or devise, while a widow or a minor child lives thereon. But this right may be waived by deed of husband and wife, and is not valid against a claim on note or mortgage of husband and wife, or for labor less than $100, or a lien by the seller of the estate for its price, or a debt contracted for the erection of the buildings, or for taxes. Com. St. ch. 196.

NEW JERSEY.

In NEW JERSEY, her property, real or personal, acquired before or after marriage, is free from the husband's control or debts. Public Acts of 1852, p. 407. Antenuptial contracts are valid. Id. Any insurance of life for her benefit is secured to her or her children, if the premium does not exceed $100. Public Acts of 1851, p. 34. If her husband dies, she may recover from his estate the personal property belonging to her before marriage. Public Acts of 1851, p. 201. If she dies, her husband may administer, and retain her personal property. R. S. Tit. 10, c. 7. § 15; Adm'rs of Donnington v. Adm'rs of Mitchell, 1 Green, Ch. 243. If he abandon or desert her, she may have, by order of court, maintenance from his property; but during this maintenance he is not liable for her debts. R. S. Tit. 33, c. 3,