Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
"Whatever personal property belonged to the wife before marriage, is by
marriage absolutely vested in the husband... in chattel interests, the
sole and absolute property vests in the husband, to be disposed of at
his pleasure, if he chooses to take possession of them" (Blackstone,
book ii. 443). If he takes possession, they do not, at his death, revert
to the wife, but go to his heirs or to anyone he chooses by will. "If
a woman be seized of an estate of inheritance, and marries, her husband
shall be seized of in her right" (Comyn's Digest, under "Baron and
Feme"). If a woman own land in her own right, all rents and profits are
not hers, but her husband's; even arrears of rents due before coverture
become his; he may make a lease of her land, commencing after his own
death, and she is barred, although she survive him; he may dispose of
his wife's interest; it may be forfeited by his crime, seized for his
debt; she only regains it if she survives him and he has not disposed of
it. If a woman, before marriage, lets her land on a lease, the rental,
after marriage, becomes her husband's, and her receipt is not a good
discharge. If a wife grants a rent-charge out of her own lands (or,
rather, what should be her own) without the husband's consent, it is
void. All personal goods that "the wife has in possession in her own
right, are vested in her husband by the marriage" (Ibid); gifts to her
become his; if he sues for a debt due to his wife, and recovers it, it
is his; if a legacy be left her, it goes to him; after his death, all
that was her personal property originally, goes to his executors and
administrators, and does not revert to her; so absolutely is all she
may become possessed of his by law that if, after a divorce _a mensâ et
thoro_, the wife should sue another woman for adultery with her husband,
and should be awarded her costs, the husband can release the woman from
payment.
Public-domain text, read in full here on John Shaqi.
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