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.
SECT. 1.--When a man dies, having lawfully disposed of his estate
by will, and leaving a widow, she may, at any time within six
months after the probate of the will, file in the probate-office,
in writing, her waiver of the provisions made for her in the will;
and shall, in such case, be entitled to such portion of his real
and personal estate as she would have been entitled to if her
husband had died intestate: _provided, however_, that, if the share
of the personal estate to which she would thus become entitled
shall exceed the sum of ten thousand dollars, she shall, in such
case, be entitled to receive in her own right the said amount of
ten thousand dollars, and to receive the income only of the excess
of said share above said sum of ten thousand dollars during her
natural life. If she makes no such waiver, she shall not be endowed
of his lands, unless it plainly appears by the will to have been
the intention of the testator that she should have such provisions
in addition to her dower.
SECT. 2.--Upon application, made by the widow or any one interested
in the estate, the judge of probate may appoint one or more
trustees, to receive, hold, and manage, during the lifetime of the
widow, the portion of the personal estate of her deceased husband,
exceeding ten thousand dollars, of which she is entitled to receive
under this act.
SECT. 3.--The twenty-fourth section of the ninety-second chapter of
the General Statutes is hereby repealed.
Approved April 9, 1861.
In a case on trial in the Superior Court to-day (Oct. 3, 1861),
Chief-Justice Allen ruled, that the law of 1855, allowing married
women to do business on their own account, separate and apart from
their husbands, did not exclude them from entering into
business-partnerships with men other than their husbands.
[43] On the 7th of April, 1861, the Ohio Legislature passed a bill
concerning the Rights and Liabilities of Married Women.
SECT. 1 conveys the impression, that all married women may control
their rents and issues of real estate belonging to them at marriage,
or separately received after.
SECT. 5, however, says "that this law shall not affect any
rights which may have _become_ vested in any person at the time of
its taking effect;" which, of course, cuts off from its beneficial
results all persons previously married.
It seems a perfectly simple matter to a woman to obviate the
difficulties and disappointments which arise in this way.
Let parties married under the old law, but desiring to benefit by the
new, go before a magistrate, and state their wish; and then let the
decision in their favor be published in the regular way.
Such a method would not benefit parties at variance; but it would
benefit a large class of women engaged, or desiring to engage, in
independent business.
Public-domain text, read in full here on John Shaqi.
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