ren,--the
right of the mother was never recognized, it being expressly stated by
Blackstone that "a mother, as such, is entitled to no power, but only to
reverence and respect." He might by will appoint a guardian for them
after his death, though yet unborn, and might apprentice them or give
them into the custody of others without the consent of the mother.
[Sidenote: Property rights.]
[Sidenote: Wife's paraphernalia]
All personal property belonging to the wife vested absolutely in the
husband at marriage. He could will it to whom he pleased or, if he died
without a will, it descended to his heirs. Even her wearing apparel and
ornaments known by the term "paraphernalia," belonged to the husband.
During his life he had the power to sell or give them away, but he could
not devise them by will. If they remained in the possession of the wife
while the husband lived, she was entitled to them over and above her
dower, but even then creditors of the husband might claim them, if there
chanced to be a deficiency of other assets with which to pay the debts
of the estate.
[Sidenote: Choses in action.]
The wife's choses in action, or evidences of money or property due to
her, such as notes, bonds, contracts or the like, belonged to the
husband if he reduced them to possession during her life, and they could
be taken for his debts. He might bequeath them by will, but if he died
without a will they descended to his heirs. If he failed to reduce them
to possession while the wife lived, after his death they would revert to
her heirs. If she outlived her husband they belonged to her. After the
husband's death the wife took one-third of his personal estate if there
were children, and one-half if there were no children.
[Sidenote: Real property of wife.]
[Sidenote: Curtesy.]
[Sidenote: Dower.]
The husband was entitled to the control, use and enjoyment, together
with the rents and profits of his wife's real estate during the
marriage, and if a living child were born, he had, after the wife's
death, a life estate in such property and might retain possession of it
while he lived. This was known as the husband's title by curtsy. The
wife took a dower, or life estate in one-third of the husband's lands
after his death, whether there were children or not. This estate of
dower was forfeited should the husband be found guilty of treason, but
his interest in her lands was not disturbed by the treason of the wife.
His life inte
|