Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1867-05-10
Ths gepnblisan.
Descent and Dover.
.poudepce South Bend Register.


in force on the subject of Descent and
Dover, and for the protection of the rights
of women and children.
These laws, though much improved in
most of the States within the last few
years. arc yet, in my judgment, far short
of accomplishing the ends which should
nc attained. In fact they seemed TO be
framed for the purpose of protecting the
rights aud interests of creditors more than
the rights Of the widows and children of
decedents.
But in order to take a practical view Of
the subject, let US suppose man possessed
of a personal estate, worth eight or ten
thousand dollars, should die in Indiana,
leaving a widow and four or five minor
children, the estate being incumbered with
various debts to the amount of two or three
thousand dollars. An administrator is APP
pointed, who, in discharge of his duties,
i proceeds at once to make out complete
list of all the property and effects of the
decedent Appraisers are tEen selected,
who affix value to each and every article
contained in such list The widow is then
informed that the Law" gives her the
right to select from the list property to the
value of three hundred dollars, which is
To be absolutely hers. She makes her Sc
lection, and when the amount she is en-
titled to reserve is set apart for her. she
discovers that il hardly covers her house
hold and kitchen furniture, and such other
articles as are absolutely necessary for
housekeeping, and that she has nothing
whatever wherewith TO feed and clothe
herself and her children But she is told
thet his is all that the law allows her, that
al. the balance of the property is. by law.
fnr tho no of no Lob -
her deceased husband-that when they are
all paid, and all the expenses of admins
tration are paid, if there is any thing left,
she win be entitled to one-third of il, and
that the other two-thirds will be placed in
the hands OF Guardians for the benefit oil
her children-and that, until the estate is
finally settled up, all its debts paid, and all
; expenses of administration, costs of court,
attorneys fees, &c, she will have TO take
care of herself and children as best she
can; that to accomplish such settlement
generally requires two, three, four or more
years, and generally proves the amount
left FOR division to be very small indeed,
and in most cases, nothing.
Thus, in a very few days after the death
of husband, his unfortunate widow finds
herself and her helpless children stripped
by law" of all she and her husband had
provided for their mutual support, and for
the support and education of their children.
and this is done by statutes provided by a
lcivilized and Christian people for the ''pro-
lection of the rights of the most depend
ent and helpless class of their citizens.
|, Why should woman with her children
TO support and educate, be thus forced into
bankruptcy, merely because she has had
the misfortune to lose her husband? Or
is there any good reason why she should
. be thus dealt with, which would not be
: equally applicable to a man who may have
lost his wife? The whole system of law.
on tl.is subject seems to be a relic of bar
t barism, founded on the false theory tha
women have no legal righis-neither dur
ing the marriage state nor after the dealt
! OF husband; and that all the propert,
. acquired by husband and wife, at hi.
death becomes first subject to the paymen
f OF all debts and demands owing by him
! whether due or not due, together with th,
necessary expenses of administration, &c.
before she has any rights of property which
creditors are bound TO respect.
The American people justly boast tina
d nowhere IN the world are females treatet
with as much regard and attention, soci
ally, as in the United States. But what
y strange contrast when compared with Tia
: treatment they receive at the hanus of tn
law.
E Messrs. Editors: regard the law now i
1 force in most of the States, on the subiec
i OF descent and dover, and for the proteC
e ton OF the rights of women and children
as disgrace to a civilized people Ha
} community no more interest in the welfar
= OF women and children than merely to Sc
hofa+ Of 4
! paid, instead Of making some provision b.
!. law for the maintenance of the widow an
children, and for the education and prope
5 training of such members or society.
this good policy? Is it just or humane
| Under the provisions of these Statutes yo
! literally strip widow of every vestige q
property, turn her and her children out {
house and home, without any means {
immediate or prospective support, tur
over her whole estate to an administrato
Tor the benefit of creditors, and to be use
up In fees and expenses, assuring her 8
the same time that there is an institutio
called Poor House" to which she ca
resort II unable TO take care of herse
and children, until such time as it can b
ascertained whether or not there will u
any OF her estate left, after satisfying th
demands of creditors and paying the ex
penses OF administration, &c, and wit
: the still further assurance that most estate
are found to be insolvent, on final settl,
ment, in which event the widows share
represented by cyphers-the sacred right
OF creditors having consumed the Who'll
estate.
But, Messrs. Editors, the great and i'm
portant question is, what Is the remedy
Then, in the first place, let women be n
garded by law as having a real person;
existence. and as having rights that eve
creditors are bound to respect. When
man dies let his wife, or widow. take hi
place as the surviving partner, and instea
of placing the whole estate in the hands Z
an administrator for the benefit of credit
ors, let the widow, as such surviving par
ner, retain possession of the estate, and Il
her control, manage and dispose of it i
the same manner as her husband woul
have been permitted to do in case of he
, death
: But it is contended that the childre
} should have part of their fathers estat
secured to them. Who, then, let me ash
would be more likely to guard the interest
of children than their mother? Surely
will not be contended that father has an
more parental affection for his childre
e.fe-&A Ae,o q Attothcf. lntu WHY sQOulU
father have the care and possession of a
property which belonged to him and hi
wife, after her death, TO be disposed of Am
| used as he may deem proper, without an
regard whatever to the interests of hi
children, and the same right be denied I
her in case of his death
1t is undoubtedly true that there are
great many women who are not competen
TO-
. loss. And it is equally true that there ar
many men in the sanfe deplorable condi
ton.
But even robbed and plundcred as wild
! ows now are, l am not sure that they d,
not do better part by their fatherles
children than is done by fathers to mother
less children.
! What must be the feelings Of widow
1 rot 1rrrc tn or Il - 4