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disputes and unhappy differences have arisen between the said party of the first part, and his said wife, for which reason they have consented and agreed to live separate and apart from each other during their natural life; therefore, this Indenture witnesseth, That the said party of the first part, in consideration of the premises, and in pursuance thereof, doth hereby covenant, promise and agree, to and with the said trustee, and also to and with his said wife, that it shall and may be lawful for her, his said wife, at all times hereafter, to live separate and apart from him; and that he shall and will allow and permit her to reside and be in such place and places, and in such family and families, and with such relations, friends and other persons, and to follow and carry on such trade or business as she may from time to time choose, or think fit to do; and that he shall not, or will at any time sue, or suffer her to be sued, for living separate and apart from him, or compel her to live with him, or sue, molest, disturb or trouble her for living separate and apart from him, or any other person whomsoever, for receiving, entertaining, or harboring her; and that he will not, without her consent, visit her, or knowingly enter any house or place where she shall dwell, reside, or be, or send, or cause to be sent, any letter or message to her; nor shall, or will, at any time hereafter, claim or demand any of her money, jewels, plate, clothing, household goods, furniture, or stock in trade, which she now hath in her power, custody or possession, or which she shall or may at any time hereafter have, buy or procure, or which shall be devised or given to her, or that she may otherwise acquire; and that she shall and may enjoy and absolutely dispose of the same, as if she were a feme sole and unmarried; and further, that the said party of the first part shall and will well and truly pay, or cause to be paid unto her, his said wife, for and towards her better support and maintenance, the yearly sum of dollars, free and clear of all charges and deductions whatever, for, and during her natural life, at, or upon the first days of January, April, July and October, in each and every year during her said natural life, which the said trustee doth hereby agree to take, in full satisfaction for her support and maintenance, and all alimony whatever. And the said trustee, in consideration of the sum of one dollar, to him duly paid, doth covenant and agree, to, and with the said party of the first part, to indemnify and bear him harmless of, and from all debts of his said wife, contracted, or that may hereafter be contracted by her, or on her account; and if the said parties of the first part shall be compelled to pay any such debt or debts, the said trustee hereby agrees to repay the same on demand, to the said party of the first part, with all damage and loss that he may sustain thereby.

In witness, etc., [as in Marriage Settlement.]

RIGHTS OF MARRIED WOMEN.

THE original common law of the country prohibited woman, after marriage, legally participating in any mercantile contracts or business wholly on her own account. The husband, by virtue of the marriage obligations, became possessed of the wife's property during her life, which was as absolutely under his control as if she had made a transfer of it to him. This life-possession or right in her property is called, in law, his tenancy by the courtesy.

For the more just and equitable adjustment of this most important subject, laws have been passed in nearly all the States in the Union, giving to a married woman the exclusive use and enjoyment of all property owned by her at marriage, and all which she acquired subsequently.

The following is a summary of the statutory laws, or the rights of married women, brought down to the latest period:

ALABAMA.-Married women cannot act as dealers in the purchase and sale of goods. Her real and personal property in this State, acquired before marriage, and all property to which she may be afterwards entitled by gift, grant, inheritance, or devise, shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her as if she were a feme sole. A conveyance of the wife's separate estate may be made by the husband and wife jointly, signed in the presence of two witnesses, or acknowledged before any officer authorized to take the acknowledgment of deeds. She cannot mortgage her statutory separate estate.

ARKANSAS.-A married woman cannot make a contract that can be enforced in law. Family necessaries, supplied on the credit of her separate estate, can be made a charge upon such estate in chancery. By filing a schedule in the office of the Circuit Court of the County where they reside, she can secure her own estate to her cwn use, apart from the control and liabilities of her husband. Her property is not liable for debts of husband contracted before marriage-unless she intrusts it to the management or control of her husband otherwise than as her agent.

CALIFORNIA.—All the property of the wife, owned by her before marriage, or that acquired afterwards by gift, devise, or bequest, or descent with the rents, issues, and profits thereof, is her separate

property. The wife may, without the consent of her husband, convey her separate property. All property owned by the husband before marriage, and that acquired by him afterwards in the ways mentioned above, is his separate property. All other property acquired after marriage by either or both is community property. The wife may make contracts concerning her separate property, but she cannot contract to pay money. The earnings of the wife are not liable for the debts of her husband. Her earnings, and those of her minor children living with her, while she lives separate from her husband, are her separate property. The husband has the management and control of the community property, with the like absolute power of disposition (other than testamentary) as he has of his separate estate. Neither dower nor tenancy by the courtesy are allowed. A conveyance by a married woman has no validity unless acknowledged by her after first being made acquainted by the officer with the contents of the instrument on an examination without the hearing of her husband, and unless she thereupon acknowledges that she does not wish to retract the same. The separate property of the husband or wife is not liable for the debts of the other contracted before marriage, but the separate property of the wife is liable for her debts contracted before marriage. She can sue alone when the action concerns her separate property, and when living separate from her husband she may sue or be sued alone. She can make a will of her separate property without the consent of her husband.

COLORADO.-Any married woman may bargain, sell, or convey her personal property, and enter into any contract in reference to the same as if she were sole, and may convey her real estate by uniting with her husband in the deed. She may sue and be sued in all matters having relation to her property, person, or reputation, in the same manner as if she were sole. She may make a will, but she cannot bequeath away from her husband more than one-half of her property without his consent in writing. If any married man deprives his wife of over one-half his property by will, she may, after his death, accept the conditions of such will or one-half of his whole estate. The husband is liable for the debts of the wife contracted before marriage, to the extent of the real and personal property he may receive with or through her, or derive from the sale or rent of her lands. The separate property of a married woman is not liable for the debts of her husband; this includes also presents or gifts from her husband, such as jewelry, table-ware, watches, money, &c.

CONNECTICUT.-A married woman may make a will, may join her husband in conveying real estate, may insure the life of any person, may transact business in her own name, and may make

bills and notes, joint or several. The separate property of a mar. ried woman is not liable for e debts of her husband, and the husband's interest in her separate real estate cannot be taken during her life or the life of a child by their marriage. An express agreement to charge her separate estate may be enforced and her estate alone is subject to execution for her torts or separate contracts.

DELAWARE.-Females who marry after April 9, 1873, may hold real and personal property, which shall not be subject to her husband's debts or control. She may maintain action in her own name for personal labor; deposit money in her own name; defend and prosecute suits for the protection of her property; make contracts with respect to her own property, as if unmarried.

DISTRICT OF COLUMBIA.-Any married woman may contract and sue and be sued in her own name, in all matters relating to her sole and separate property, in the same manner as if she were unmarried; but neither her husband nor his property shall be bound by any such contract nor be liable for any recovery against her in any suit. Execution of judgment shall be enforced against her separate estate.

FLORIDA. Married women can make written contract to charge their own estate only. For he protection of the wife's property from the marital rights of the husband, and the claims of his creditors, all the property which shall belong to the wife at the time of marriage, or which she may acquire by gift, &c., shall be inventoried and recorded in the Circuit Court Clerk's office of the County in which such property is situated, within six months after marriage, or after the property shall be acquired by her. They have no separate legal existence in matters of business.

GEORGIA.-All property of the wife in possession at the time of marriage or afterwards acquired by her is her separ ite property, and not liable for the payment of any debts, de faults, or contracts of the husband. The wife may act as attorney and agent for the husband.

ILLINOIS. By a recent decision of the Supreme Court of Illinois, a married woman is not liable in an action at law on contracts, and can only be recovered against her in chancery, although she may sue and recover at common law. She cannot enter into copartnership business without the assent of her hus band. Neither is liable for the debts of the other, either before or after marriage.

INDIANA. A married woman cannot make a valid executory contract, and is not personally liable for any debt she may contract during coverture. Her real estate is not liable for the debts

of her husband. She may devise by will her real ana persona. property, but cannot bind her separate estate by signing a promissory note as surety for her husband. The only way she or her property ordinarily can be made liable is by mortgage.

JOWA. The real and personal property of a married woman acquired by descent, purchase, or gift, is perfect in her own ight. The husband or wife is liable for the debts or liabilities of the other incurred before marriage. They are not liable for the separate debts of the other, nor are the wages, earnings, or property of either, nor is the rent or income of such property liable for the separate debts of the other. Contracts may be made by a wife and liabilities incurred, and the same enforced by or against her, to the same extent and in the same manner as it she were unmarried.

KANSAS.-A married woman, while the marriage relation subsists, may bargain, sell, and convey her real and personal property, and enter into any contract with reference to the same in the same manner, to the same extent, and with like effect as a married man may in relation to his real and personal property; she may alone carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman, from her trade, business, or labor, or services, shall be her sole and separate property, and may be used and invested by her in her own name.

KENTUCKY.-Contracts of married women are null, except where exceptions are made by statute. By statute the Chancery Court and the equity side of the various Circuit Courts are au thorized, upon application made by both husband and wife, and due application to all creditors, to grant such married women the authority to sue and be sued and in all matters of business to act as an unmarried woman. The wife is entitled to a dower of one-third of the real estate upon the death of her husband, during her life-time.

LOUISIANA.--All married women, over twenty-one years of age, may, by and with the authorization of their husbands, borrow money or contract debts for their separate benefit and advantage, and to secure the same grant mortgages or other securities affecting their separate estate, paraphernal, or dotal: Provided, it is done under due forms of law. These forms consist of her submitting, separate and apart from her husband, to an examination by the judge of her district or parish touching the object for which the money is borrowed or debt contracted. If the judge is satisfied the money to be borrowed or debt contracted is solely for her separate advantage or for the benefit of her separate and dotal property, he shall furnish her a due certificate, which shall be sufficient authority to a notary for draw.

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