The College, the Market, and the Court: or, Woman's relation to education, labor and lawDall, Caroline Wells Healey
History
The College, the Market, and the Court: or, Woman's relation to education, labor and law
Dall, Caroline Wells Healey
Women -- Education; Women -- Employment; Women -- Legal status, laws, etc.
In Connecticut, in 1855, all the real estate owned at the time of
marriage, or subsequently inherited by the wife, rests absolutely in
her. All her personal estate passes to her husband; but all that she may
afterward receive remains in her right, her husband being only her legal
trustee. Her earnings are subject to his trusteeship, and nothing more.
She is the guardian of her own children; and the court always confirms
this right, unless she is incapacitated. In case of divorce, the father
is entitled to the children, unless objection is made. On the decease of
the husband childless, one-half of his personal estate goes to the
wife, and a life-interest in one-third of the real; or the whole, if it
be needed for her support.
In New Hampshire, the common law prevails for the most part. What
express enactments she passed in 1853 seem to refer rather to making the
position of a deserted wife equivalent to that of a _feme sole_ than any
thing else.
As regards Massachusetts, it is common to say that the legislation of
1855 leaves very little to be desired, beside the right of suffrage; but
a keen eye still detects more than one shortcoming. The custody of the
wife's person still vests in the husband.
With reference to the guardianship of children, the custom is in advance
of the law; while her power to make a will is so carefully guarded, that
it might as well be surrendered.
A married woman in Massachusetts can make no contract to bind her,
except one strictly relating to her trade, business, or property. She
cannot, for instance, indorse a note, or be a surety for another person
in any way.
In Maine, since 1857, a wife may hold the wages of her own labor.
In Ohio, at the same date, the law gave this right only _under
conditions_. Long before any such changes took place, however, the
current of public opinion often forced courts to decide against the
common law, and in accordance with equity,--equity not technically, but
divinely, considered.
Judge Graham, of the Court of Common Pleas in Perry County, Penn., made
such a decision in a suit where a wife claimed return of earnings loaned
by her to her husband, and accumulated _after_ marriage. The legal
question brought before Judge Graham was, "Can a wife maintain a suit
against her husband?" He decided that she could legally hold him to a
contract of the kind under consideration; and a verdict was rendered for
the woman, in the sum of $2,508.
In August, 1859, Mrs. Dorr put in a claim for $40,000 on her husband's
estate, in the Court of Insolvency in Worcester County. The court
objected to entertaining the claim until after the choice of an
assignee. The hearing was never completed; some private adjustment
taking its place. The claim was said to be the first of the kind in the
Commonwealth.
Public-domain text, read in full here on John Shaqi.
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