A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.Hecker, Eugene A. (Eugene Arthur)
History
A Short History of Women's Rights: From the Days of Augustus to the Present Time. with Special Reference to England and the United States. Second Edition Revised, With Additions.
Hecker, Eugene A. (Eugene Arthur)
Women's rights -- History
"III. Our law institutes no community, even of movables, between husband
and wife. Whatever movables the wife has at the date of the marriage
become the husband's, and the husband is entitled to take possession of
and thereby to make his own whatever movables she becomes entitled to
during the marriage, and without her concurrence he can sue for all
debts that are due her. On his death, however, she becomes entitled to
all movables and debts that are outstanding, or (as the phrase goes)
have not been 'reduced into possession.' What the husband gets
possession of is simply his; he can freely dispose of it _inter vivos_
or by will. In the main, for this purpose as for other purposes, a 'term
of years' is treated as a chattel, but under an exceptional rule the
husband, though he can alienate his wife's 'chattel real' _inter vivos_,
cannot dispose of it by his will. If he has not alienated it _inter
vivos_, it will be hers if she survives him. If he survives her, he is
entitled to her 'chattels real' and is also entitled to be made the
administrator of her estate. In that capacity he has a right to whatever
movables or debts have not yet been 'reduced into possession' and, when
the debts have been paid, he keeps these goods as his own. If she dies
in his lifetime, she can have no other intestate successor. Without his
consent she can make no will, and any consent that he may have given is
revocable at any time before the will is proved.
"IV. Our common law--but we have seen that this rule is not very
old--assured no share of the husband's personality to the widow. He can,
even by his will, give all of it away from her except her necessary
clothes, and with that exception his creditors can take all of it. A
further exception, of which there is not much to be read, is made of
jewels, trinkets, and ornaments of the person, under the name of
paraphernalia. The husband may sell or give these away in his lifetime,
and even after his death they may be taken for his debts; but he cannot
give them away by will. If the husband dies during the wife's life and
dies intestate she is entitled to a third, or, if there be no living
descendant of the husband, to one half of his personality [but see the
note of Bryce, above]. But this is a case of pure intestate succession;
she only has a share of what is left after payment of her husband's
debts.
Public-domain text, read in full here on John Shaqi.
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