A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
or spendthrift, the wife may apply for a special proceeding to the
judge of the superior court for the county in which he resides, to
have a reasonable subsistence secured to her and to the children of
the marriage." Finally it may be noted that alimony may be decreed
to the husband as well as the wife in Virginia and West Virginia.
[337] _Code of Ga._ (1896), II, 236; _Rev. Stat. of Fla._ (1892),
505; _Stat. of Okla._ (1893), 877; WILSON, _Stat. of Okla._
(1903), II, 1123; _Code of Va._ (1887), 562. _Cf._, for Virginia,
4 H. AND M., 507; 4 RAND., 662: 1 _Rob._, 608; 1 MINOR'S _Inst._,
282.
[338] _Laws of N. C._ (1814), chap. 5; HAYWOOD, MANUAL (1819),
174 ff. It may be noted that the act of 1814 lays on the party
"cast" in each divorce suit a tax of ten pounds payable to the
state: _ibid._, 177.
[339] _Acts_ (1816), chap. 33: also in HAYWOOD, _Manual_, 177,
178.
[340] _Acts_ (1828-29), 25.
Measures are taken in nearly every state for the division or
other disposal of property after separation or divorce. The North
Carolina law is very elaborate. "Every woman who shall be living
separate from her husband, either upon a judgment of divorce ...
or under a deed of separation, executed by said husband and wife,
and registered in the county in which she resides, or whose husband
shall have been declared an idiot or a lunatic, shall be deemed and
held ... a free trader, and shall have power to convey her personal
estate and her real estate without the assent of the husband."
So also "every woman whose husband shall abandon her, or shall
maliciously turn her out of doors, shall be deemed a free trader, so
far as to be competent to contract and be contracted with, and to
bind her separate property, but the liability of the husband for her
reasonable support shall not thereby be impaired, and she shall have
power to convey" her real and personal estate without her husband's
assent. When a marriage is dissolved _a vinculo_, each of the
parties loses all right to any estate by courtesy or dower, and all
right to a year's provision or a distributive share in the personal
property of the other, or to administer on the other's estate, and
all rights whatsoever in the other's estate gained by settlement in
consideration of the marriage. But if a "married woman shall elope
with an adulterer, or shall wilfully and without just cause abandon
her husband and refuse to live with him, and shall not be living
with" him at his death; or if a limited divorce be granted on the
husband's petition, "she shall thereby lose all right to dower in
the lands and tenements of her husband, and also all right to a
year's provision." In such cases the husband may convey his real
estate as if he were unmarried, and the wife is thereafter barred
of all claims to dower. When the husband is guilty of a similar
offense, and his conduct is not condoned by the wife, or in case a
partial divorce has been granted on her application, he shall suffer
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account