t party.

In 1897 a law was passed that if the estate is less than $1,500 it
shall be assigned to the widow, subject to incumbrances, funeral
charges and expenses of settlement.

Separate property consists in what was possessed before marriage or is
received by gift or inheritance afterwards. If the deceased leave wife
or husband and only one child, or the lawful issue of one, the
separate estate is divided in equal shares. If there be more than one
child or the issue of one, the widow or widower is entitled to
one-third. If there is no issue the survivor takes one-half and the
other half goes to the father, mother, brothers and sisters of the
deceased. If none exists, the survivor is entitled to the whole
estate.

Either husband or wife may dispose of separate property without the
consent of the other. Until 1894 it rested upon the wife to prove that
property was her separate possession, but now the proof rests upon the
contestants. Until 1897 she was compelled to prove that it was not
paid for with community earnings. Neither of these recent laws applies
to property acquired previous to May 19, 1889.

A married woman may be administrator or executor. (1891.)

The wife may engage in business as sole trader and her husband is not
liable for her contracts, but her earnings, and also any wages she
may make by her labor, are community property and belong absolutely to
him, and suit for them must be brought by him. By becoming a sole
trader she makes herself liable for the support of the family.

A married woman may sue and be sued and make contracts in regard to
her separate property, but in torts of a personal nature she must be
sued jointly with her husband, although the wife may defend in her own
right.

Until 1899 common law marriage was legal, and this consisted merely in
a promise and the mutual assumption of marital rights, duties and
obligations. That year a law was passed requiring a license and a
civil or religious ceremony. The law declares specifically that "the
husband is the head of the family and the wife is subject to him."

The wife may sue for separate maintenance without divorce.

The father is the guardian of the minor children and entitled to their
custody, services and earnings. At his death, or if he has abandoned
his family, the guardianship belongs to the mother, if suitable.

The husband is expected to give his family proper maintenance. There
is no penalty for not supporting a wife bu