n
$10,000 in value, he shall receive, in addition to that amount, only
the income during his life of the excess of his share of such estate
above that amount; and except that, if the deceased leaves no kindred,
he, upon such waiver, shall take the interest he would have taken if
the deceased had died leaving kindred but no issue.

A discretionary amount may be assigned by the Probate Court to the
widow for the support of herself and minor children and takes
precedence of the debts of the deceased. The old law took this
allowance out of the personal estate only, and often the widow was
not able to receive the immediate assistance she needed, because the
property was all in the form of real estate. The new law permits the
real estate to be used if necessary. It also gives $100 to a minor
child for his immediate necessities, if there is no widow; the old law
gave $50. The new law permits the widow to remain in her husband's
house for six months after his death. The old law gave her only forty
days.

A married woman has full control of her separate property, and can
dispose of her real estate subject only to the husband's interests. If
she has been deserted or if the court has decreed that she is living
apart from him for justifiable cause, she can by will or deed dispose
of all her real and personal estate as if unmarried. The husband can
do the same.

A married woman can be executor, administrator, guardian or trustee.
She may make contracts with any one except her husband; may sue and be
sued, carry on business in her own name, by complying with the legal
requirements; control and invest her earnings and enter into
partnerships. She is responsible for her contracts and debts and her
property may be held for them. The husband is not liable on any
judgments recovered against the wife alone, and her separate property
is not liable on any judgment or execution against the husband. Suits
between husband and wife are not allowed except for divorce.

The father is the legal guardian of the persons and estates of minor
children; he has power to dispose of them during the lifetime of the
mother and may appoint a guardian at his death.[325]

For non-support of wife and minor children the husband may be fined
not exceeding $20 or imprisoned in the house of correction not
exceeding six months. At the discretion of the court the fine is paid
in whole or part to the town, city, society or person actually
supporting such wife an