art. 2413. A reservation of property therein to be good must be recorded. Id. art. 2414. Husband and wife may sue jointly and separately, for her effects. Id. 2415. The wife may, on failure of the husband to support or educate her and her children, upon application, do it with her separate property. Id. art. 2416. The homestead, not exceeding two hundred acres (or, if in a town or city, a thousand dollars in value), is exempt from execution. Const. of Texas, art. 7, § 22. The husband cannot alienate it without his wife's consent. Id. For other provisions as to homestead, see Hartley, Dig. art. 1154. The wife acts jointly with her husband, when she is appointed executrix or administratrix. Id. art. 1133, 1134. The will of a feme sole is revoked by her subsequent marriage. Id. art. 1090, and a nuncupative will does not prevent the wife and children from inheriting. Id. The survivor takes the common property subject to its debts, nor is it necessary for her husband to administer on such property on her death; as he has the same control of it then that he had in her lifetime. In case of his death she has the same control, till she marries; when it will be subject to administration. Paschall's, Dig. art. 4647, 4652. Husband may fill antecedent contracts, and be compelled to give bonds for the proper management of the common property. Id. art. 4650. Her separate property is not chargeable with necessaries procured for him. Id. art. 4641, sec. 4. The common property is liable for all debts contracted during marriage. Id. art. 4646. Either may by will give to the survivor the power to keep his and her separate property together, until each of the several heirs come of age; and to manage and control it subject to law and the provisions of the will. Id. art. 4653. VERMONT. In VERMONT, in case of desertion, the Supreme Court may authorize a wife of eighteen years of age, to convey her real estate, and the personal estate which came to her husband through her, if in the State and undisposed of by him; and require any one owing her husband money in her right to pay it to her; and the proceeds, and her own earnings, and those of her minor children shall be held by her for her own use. If the real estate of a wife be taken for public use, the damages are to be secured to her benefit. The wife of a man under guardianship may join with the guardian in making partition, &c. The wife of a man confined in the State prison is as a feme sole as to suits for causes arising after his sentence. Married women may devise by will their inheritable real estate. The rents, &c., of all her real estate, and her husband's interest in it, shall be exempt from attachment or execution for his sole debts, nor can he convey them without her. She may insure the life of her husband for her own use, if the premium do not exceed $300. Compiled Statutes (1850), ch. 68. The homestead provision is substantially similar to that of New Hampshire. Id. ch. 65; Acts of 1851, No. 29. The earnings of a married woman and her deposits in Savings bank are not subject to trustee process by her husband. Gen. Stats. pp. 305 and 549. The annual product of her real estate is subject to the payment of necessaries for herself and family, and for work and materials for their benefit. Stocks and bonds given to her by a parent are governed by the same law. Id. 47, § 18. When abandoned by her husband she may maintain an action in her own name as if unmarried. Laws of Vermont, 1866, p. 43. All personal property, and rights of personal acquired during coverture, or by inheritance, or distribution, shall be held to her sole and separate use. Id. 1867, p. 29. VIRGINIA. In VIRGINIA, the husband of an insane wife may make a deed to bar her right of dower on leave of court; but the same interest in the proceeds shall be secured to her. Code of Virginia, Tit. 36, c. 128, § 11. If the husband die intestate, and without issue by her, she has the personal property which he had from or with her, and which he has not disposed of, if his other personal estate suffices to pay his debts. Id. Tit. 33, c. 123, § 10. She can make no will except of her separate estate, or by a power of appointment. Id. Tit. 33, c. 122, § 3. WISCONSIN. In WISCONSIN, the marriage of a feme sole executrix or administratrix extinguishes her authority, R. S. c. 67, § 8; c. 68, § 13, and of a female ward terminates the guardianship, c. 80, § 27. The husband holds his deceased wife's lands for life, unless she left by a former husband issue to whom the estate might descend, c. 62, § 30. She may sue upon a rumseller's bond, for injury done to herself or children. Laws of 1850, c. 139, § 4. Provisions exist by which powers may be given to married women, and regulating their execution of them. R. S. c. 58, §§ 8, 15, 40, 44, 57. If husband and wife are impleaded, and the husband neglect to defend the rights of the wife, she, applying before judgment, may defend without him; and if he lose her land by default, she may bring an action of ejectment after his death, c. 3, §§ 3, 4. The real estate of females married before, and the real and personal property of those after, Feb. 21, 1850, remain their separate property. And any married woman may receive, but not from her husband, and hold any property as if unmarried. Laws of 1850, c. 44. It should be added, that the wife may everywhere even by common law be the agent of the husband, and transact for him his business transactions, making, accepting, or indorsing bills or notes, purchasing goods, rendering bills, collecting money and receipting for it, and in general entering into any contract so as to bind him, if she has his authority to do so. And while they continue to live in together, the law considers the wife as clothed with authority by the husband to buy for him and his family all things necessary kind and quantity for the proper support of his family; and for such purchases made by her, he is liable. The husband is responsible for necessaries supplied to his wife, if he does not supply them himself. And he continues so liable if he turns her out of his house, or otherwise separates himself from her, without good cause. But he is not so liable if she deserts him (unless on extreme provocation), or if he turns her away for good cause. If she leaves him because he treats her so ill that she has good right to go from him and his house, this is the same thing as turning her away; and she carries with her his credit for all necessaries supplied to her. But what the misconduct must be to give this right, is uncertain. Some English cases are very severe on this point. In one, a husband brought a prostitute into his house, and confined his wife to her own room under pretence of her insanity. But the court held this to be insufficient. The Supreme Court of New York, in commenting upon this case, said that "the doctrine contained in it cannot be law in a Christian country." In America the law must be, and undoubtedly is, that the wife is not obliged to stay and endure cruelty or indecency. It may be added, that if a man lives with a woman as his wife, and represents her to be so, he is liable for necessaries supplied to her, and for her contracts, in the same way as if she were his wife; and this even to one who knows that she is not his wife. The statutes of which we have given an abstract are intended to secure to a married woman all her rights. But in all parts of this country, women about to marry - or their friends for them often wish to secure to them certain powers and rights, and to limit these in certain ways, or to make sure that their property is in safe and skilful hands. This can only be done by conveying and transferring the property to TRUSTEES; that is, to certain persons to hold the same in trust. This is done by a legal instrument, which is almost always an Indenture; by which is meant an instrument under seal between two or more parties. This instrument must set forth precisely, and with legal accuracy, just what the trust is; that is to say, just what the trustees, or the woman, or her husband may do, and just what they must do. This is one of those instruments which require peculiar care and exactness. We give as models, or forms, two, differing in their terms and purposes. Both were drawn by very skilful lawyers, and with such changes, of omission or addition or alteration, as the circumstances of any case or the wishes of the parties make necessary, will be useful and safe guides in the preparation of such instruments. (4.) An Indenture to put in Trust the Property of an Unmarried Woman. This Indenture of two parts, made and concluded this day of of the second part, Witnesseth, That the said party of the first part is seized and possessed of certain real and personal estate, to wit, one undivided moiety of the reversion in and of a messuage and land in a mortgage of a lot of land bounded on of to bounded as follows: Street, and described in the deed which is recorded in the Registry of recorded in Deeds, lib. on fol. ; a mortgage of two lots of land bounded Street, and described in the deed of corded in the said Registry, lib. bounded on fol. 9 Street, and described in the deed of recorded in the Registry aforesaid, lib. the capital stock of the fol. Bank in Bank in to ; one hundred shares in ; twenty-five shares in the ; and fifty shares in the capital ; also a note of hand signed by the said for the sum of fifteen thousand dollars; a note of hand signed by the and for the sum of three thousand dollars; a note of hand signed by lars; a note of hand signed by which notes are severally secured by the aforesaid; also a note of hand signed by sand dollars. All which real and personal estate the said party of the first part is desirous that the party of the second part should have and hold in trust for certain uses and purposes hereinafter set forth and expressed; and in conformity with said intention, and for the purpose of carrying the same into effect, the said party of the first part, in consideration of the sum of five dollars paid to her by the party of the second part, the receipt of which she doth hereby acknowledge, and for divers other good considerations moving her thereto, hath given, granted, sold, and conveyed, and doth give, grant, bargain, sell, and convey, all the said lands, tenements, and real estate, and doth hereby bargain, sell, transfer, assign, and set over all the aforesaid chattels and personal estate, as the same are above specified and described, unto the said and and their heirs and as signs. To have and to hold the said granted premises unto the said and and their heirs and assigns, and to the survivor of them and his heirs and assigns forever to their own use, but in trust nevertheless for the purposes, objects, and intents hereinafter set forth and expressed, and for none other, namely: First, That the said trustees and their successors in the said trust shall permit the said party of the first part, without any hinderance or interference by them, so long as she shall remain sole and unmarried, and shall see fit so to do, to receive and take in her proper person, or by her agent or attorney, the rents, income, dividends, interest, and profits of the said trust estate, real and personal, without any accountability therefor, to them the said parties of the second part; but if required by her, the said party of the first part, so to do, the said trustees and their successors shall collect and receive the said rents, income, and profits of the trust estate, and shall from time to time pay over the same unto the said party of the first part for her own use. Secondly, That from and after the solemnization of the marriage of the said party of the first part, whenever that event may take place, the said trustees and their successors shall collect, take, and receive all the rents, income, and profits of the trust estate, real and personal, and shall from time to time pay over the same to the said party of the first part, to and upon her separate order or receipt, made and signed by her, at or about the time of such payments respectively and for her proper use, free from the control or interference of any husband she may have. Thirdly, That at and after the decease of said party of the first part, the said trustees and their successors shall be seized and possessed of the said trust estate to and for the use of such person or persons as the said party of the first part, by any last will and testament, duly executed, if she die sole and unmarried, or, in case she be at her decease a married woman, by any paper writing signed by her in presence of two or more credible witnesses, shall order, and appoint to take, receive, and hold the same, and in such shares and manner, and upon such terms and conditions, as she shall direct, order, and appoint as aforesaid; and in case the said party of the first part shall omit to make any such will or testamentary appointment, then the said trustees and their successors shall hold the trust estate to the use of such person or persons as by the laws of this Commonwealth would, in case the party of the first part had died seized and possessed of the then existing trust property in her own right, have been entitled to the same as heirs-at-law, or dis |