ent for not less than ten years in the
penitentiary.
Previous to 1886 legislation and public sentiment in Alabama were of
the most conservative kind, but at the Constitutional Convention held
that year changes in the statutes were made which gave to women many
rights and privileges not before possessed. Dower but not curtesy
obtains. If there are no lineal descendants, and the estate is
solvent, the widow takes one-half of the real estate for life, but if
the estate is insolvent, one-third only. If there are lineal
descendants, then the dower right is one-third, whether the estate is
solvent or not. If a husband die without a will, his widow, if there
are no children, is entitled to all of his personal property; if
there is but one child, she is entitled to one-half; if there are more
than one and not more than four children, then she is entitled to one
child's portion. A homestead to the value of $2,000 is exempt to her
from all creditors and no will can deprive her of it, unless she has
signed a mortgage on it. If a wife die without a will, her husband is
entitled to one-half of her personal property, whether there are
children or not, and to the life use of all her real estate.
A wife may will her property to whom she pleases, excluding her
husband from all share. He can do this with his property, but can not
impair her dower rights. She can not sell her real estate without his
written consent, but can sell her personal property without it. He can
mortgage or sell his real estate, except the homestead, and can
dispose of his personal property, without her consent.
A married woman may be agent, guardian or administrator. She may
acquire and hold separate property not liable for the debts of her
husband, though necessaries for the family can be a liability. Her
bank deposit is her own, and her earnings can not be taken by her
husband or his creditors. A wife can not become surety for her
husband. Property purchased with her money will be returned to her
upon application to the court.
A wife may engage in business with her husband's written consent. If
she does so without it she incurs no penalty, but it is necessary in
order that her creditors may recover their money. She must sue and be
sued and make contracts jointly with the husband.
If a woman commit a crime in partnership with her husband (except
murder or treason) she can not be punished; nor, if she commit a crime
in his presence, can he testify again
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