all his sisters, is the
heir to the whole of real property" (Bl., I., 444, note by
Christian).
PENNSYLVANIA STATUTES AND COURT DECISIONS.
This "perfection of reason" (the common law) has been changed in
Pennsylvania in the following particulars:
All women, married and single, are deprived of political rights by
the use of the generic word "freeman" in the constitution (29 Legal
Intelligencer, 5).
Heir at common law is abolished by statute; however, the right to
administer vests in the male in preference to the female of the
same degree of consanguinity. Half-brothers are entitled to the
preference over own sisters (Purdon, 410, 27; Single's Appeal, 59
Penn. St. R., 55).
Any property belonging to a woman before marriage, or which accrues
to her during coverture by gift, bequest or purchase, continues, by
the act of April 11, 1848, to be her separate property after
marriage, and is not liable for the debts of her husband nor
subject to his disposal without her written consent, duly
acknowledged before one of the judges of the Court of Common Pleas
as voluntarily given; _provided_, that he is not liable for the
debts contracted before or after marriage, or for her torts
(Purdon's Dig., 1,005, 13).
"This act protects the wife's interest in her separate property
both as to title and possession," but "does not empower her to
convey her real estate by a deed in which her husband has not
joined," nor "create a lease without his concurrence," nor "execute
an obligation for the payment of money or the performance of any
other act," nor in any way dispose of her property save by gift or
loan to him; she may bind her separate estate for his debts, and in
security for the loan she may take a judgment or mortgage against
the estate of the husband in the name of a third person, who shall
act as her trustee (18 Penn. St. R., 506, 582; 21, 402; 1 Gr., 402;
6 Phila., 531; Pur. Dig., 1,007, 21).
The husband is the natural guardian or trustee of the property of
the wife; but by application "to the Court of Common Pleas of the
county where she was domiciled at the time of her marriage," the
court will appoint a trustee (not her husband) to take charge of
the property secured to her by the act of 1848. This act, however,
does not authorize the appointment of a trustee, to the exclusion
of her husband, of property owned by her prior to the passage of
the act, nor was it intended to affect vested rights of husbands
and do
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