wife's right during her life to
the use of one-third of the husband's real estate from his death. It
operates in favor of the wife and not in favor of the husband, and is
indefeasible by the husband's will or the husband's acts while living,
and does not depend upon the birth of a child by the marriage.
The order of distribution of the husband's personal property on his
death is as follows, viz.: 1st, the widow of a family takes articles
exempt from execution as hers, also $150 worth of property besides.
2d, she has one-third of the personal property, absolutely--if there
be no children, one-half, and if there be no parent or descendant, she
is entitled, of the residue, to $2,000, and if also no brother,
sister, nephew, or niece, all the residue. This order may be varied or
defeated by his will.
The order of distribution of the wife's personal property on her death
without will is as follows: It goes, after paying her debts, to her
husband, if living; if not, then 1st, to her children, 2d to her
father, 3d to her mother, 4th to her collateral relatives. This order
may be varied or defeated by her will. She may devise it as she may
please.
His property before marriage continues his after marriage, subject to
her inchoate rights of dower.
Her property before marriage continues hers absolutely.
Upon marriage he is liable to support her, and may be compelled to do
it if he prove refractory.
She is not liable to support him, however wealthy she may be, or poor
he may be.
He is liable to support the children. She is not so liable, though
possessed of millions.
The husband is the guardian of the wife, as against third persons.
(Page 488). But he has no power to preserve, retain, or regain the
custody of her against her will. (Page 47).
He may maintain his action against third persons for enticing her away
or harboring her. But this harboring, to be actionable, must be more
than a mere permission to her to stay with such third person. (4 Barb.
225).
If the husband seek to take away his wife by force, it is an assault
and battery upon her. If a third person, resists such force at her
request he is not liable to any action. (Barb. 156).
The wife is not the husband's guardian, but if he will desert her he
may be put under bonds for her support and the support of her children
by him. (2 Rev. Stat., 4th Ed., pp. 53, 54).
The husband is liable for the debts of the wife contracted before
marriage, but onl
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