in time to prevent it.
GENENA, N. Y., _April 12, 1881_.
MISS ANTHONY, DEAR MADAM:--I was chairman of the Judiciary
Committee of the New York Senate in 1862-'3-'4-'5-'6-'7-'8-'9.
Judge John Willard, of Saratoga County, was a member of the State
Senate in that year, and a member of that Committee. He was the
author of the Act of 1862. His object, as I have always
understood it, was to simplify, make clear, consistent, and
practical some of the legislation in regard to married women. I
think, with deference I say it, that you are not strictly
accurate in calling the legislation of 1862 a repealing one. The
first section of the Act of 1862 (chap. 172, p. 343) _amends_ the
third section of the Act of 1860 (chap. 90, p. 157), by striking
out the provision requiring the assent of the husband, and giving
the wife the right (or privilege) to contract and convey as a
_feme sole_, and to covenant for title, etc., etc. That amendment
rendered unnecessary the fourth, fifth, and sixth sections of the
Act of 1860. They would have fallen of themselves, that is, have
been repealed by implication, as inconsistent with the greater
power and freedom attained by married women by the amendment of
1862 to the Act of 1860. But _ex abundanti cautela_, as Judge
Willard would have said, there was an express repeal of them. The
tenth and eleventh sections of the Act of 1860 were also repealed
expressly; but not to the sole detriment of married women. The
tenth section gave to married men and married women a life estate
in certain cases in one-third of all the real estate of which the
wife or husband died seized. The wife had before the Act of 1860,
and has now, that estate. The tenth section gave her nothing. The
repeal of it took nothing from her. The eleventh section, so far
as it gave a life estate, is the same as the tenth. So far as it
gave the use of all the real estate of the intestate for the
minority of the youngest child, it was an addition to the
property rights of the wife, but it was also an addition to the
property rights of the husband. I am not able from memory to say
why it was repealed; and it is remembrance and not reasoning that
you ask for. The third section of the Act of 1862 amends the
seventh of the Act of 1860
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