ake a will, the law supposing her to be under his coercion;
neither can she bind her person or property, nor make nor enforce a
contract, nor can she be a witness in any matter in which her
husband is interested (Blackstone, II., 293, 498, 444; 2 Kent, 179;
Bouv. Insts., 1,441; Connyn. Dig. Pleader, 2 A, 1; Baron and Feme,
W; 2 Roper, Husband and Wife, 171).
A wife, with the consent of her husband, may act as his or other's
attorney, may be a guardian, trustee, administratrix or executrix,
but cannot sue in _auter droit_ unless her husband join in the
suit. This incapacitates her to act independently in either
capacity (Blackstone, II., 503; 1 Anders., 117; 2 Story, Eq.
Juris., 1,367, note; 57 Penn. St. Rep., 356).
A wife cannot enforce her rights nor defend any action brought
against her, but must plead coverture in person, being incapable of
appointing an attorney (Bouv. Insts., 2,787, 2,907; 41 N. H., 106;
2 Saund., 209; c. n. 1).
When a woman marries after having commenced a suit, the suit
abates; but the husband may _in equity_ sue her for his marital
rights in her property; marriage of a female partner dissolves the
partnership (Bouv. Insts., 4,037, 1,494; 4 Russ. Ch., 247; 3 Atk.
Ch., 478; 2 P. Will Ch., 243).
The father of legitimate children is bound for their maintenance
and education, is entitled to their labor and custody and has power
to dispose of them until twenty-one years of age, by deed or
legacy, even though they are unborn at his death. The testamentary
guardian's right to their custody supersedes that of their mother
(Bl., I., 447, 451, 453; 2 Kent, 191 and 193; Bouv. Insts., 344; 5
Rawle, 323; 2 Watts, 406; 5 East, 221; Purd. Dig., New Ed., 411,
29; 5 Pitts, L. J., 406; 1 Pitts, 412).
"A mother is entitled to no power, but to reverence and respect,
from her children"; she has no legal authority over them nor right
to their services, but her property is liable for their maintenance
if the father has not an estate. The mother's appointment of a
testamentary guardian is absolutely void (Bl., I., 453 and 461,
note by Chitty; Vaughan, 180; 1 Leg. Gaz. R., 56).
The mother of a "natural or illegitimate" child is its natural
guardian, entitled to its control and custody and her settlement is
its domicil (Bl., I., 459; 2 Kent, 216; 5 Term Rep., 278; Newton
vs. Braintree, 14 Mass., 382).
"Intestate personal property is divided equally between males and
females, but a son, though younger than
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