Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-03-17
TENNESSEE.
PUBLIC LAws-oFFICEAL.


An act to amend the law in regard to Fenes Covert
owning the fee in Real Estate, and for other pur-
POSES.
Section l. Be it enacted by the General
Assembly of the State of Tennessee, That
married women over the age of twenty-one
years, owning the fee, or other legal or
equitable interest or estate in real estate,
shall have the same powers of disposition,
by viii, deed or otherwise, as are pos
sessed by femes sole, or unmarried women.
Sec. 2. Be it further enacted, That the
powers of said married women to sell, con-
vey, devise, charge or mortgage their real
estate, shall not depend upon the concur
renee of the husband, or his consent there
TO, provided her privy examination to any
deed, mortgage, or other conveyance shall
take place before a Chancellor or Circuit
Judge of this State, or Clerk of the County
Court.
Sec. 3. Be it further enacted, That
femes covert, or married women, owning
separate estate, settled upon them and for
their separate use, shall have and possess
the same power OF disposition by deed,
will or otherwise as are given by the first
and second sections of this act, Provided,
the power of disposition is not expressly
withheld in the deed or will under which
they held the property.
Sec. 4. Be it further enacted, That all
real property, legal and equitable, of every
kind and description owned by a married
woman, or held in trust for her sole and
separate use, shall be liable for all debts
contracted by her for necessaries for her
self or her minor children, as fully as if
such married women were feme sole, and
with the same exemption as that of feme
SOLE
Sec. 8. Be it further enacted, That said
married woman, shall cause the deed, will or
therinstruments under which she derives tt
tie toher property, claimed underline provis-
ions Of this act, TO be duly registered in the
county of the residence of herself and hus-
band, and on removal TO any other in this
State, copy of the same shall be regis
tered in the county to which said removal
takes place, and if the right to the property
is not described by deed, viii or other in
strument, but by succession or Inheritance,
she shall cause a schedule thereof verified
by her own signature, and acknowledged
before the Clerk of the County Court or
proven, and her privy examination taken,
to be so registered as aforesaid. If the
property shall be land or other real estate,
then the registration shall take place in the
country where the same is located.
Sec. 6. Be it further enacted, That the
provisions of this act, except the provisions
of the third section of this act, shall ap-
ply to and embrace only such femes covert |
or married women as have abandoned their |
husbands, or who may refuse to live with |
or cOhabit with their husbands, or whose
husbands may be non cOmpos mentis, in
sane, or of unsound mind, and also to such |
married women or femes covert whose hus-
bands may fail or refuse to cohabit with or
have abandoned such married women or
femes covert: Provided that all married |
women or femes covert, owning any
land or real estate of any kind |
or description, legal or equitable, in this
State. by descent, inheritance, deed, gift |
or otherwise, shall have full power and au-
thority TO dispose of such land or real es-
tate by last will and testament in as full, !
ample and complete q manner as
if they were femes sole or unmar-
ried women, but such testamentary |
of said land or real es-
tate shall not be SO construed as to defeat |
any husbands tenancy By c0Hrtesy in such |
real estate or land; and that this act take
effect from and after its passage.
Passed March ., 1870.
w. ON. PERKINS,
Speaker of the House of Representatives.
D. B. THOMAS,
Speaker of the Senate.
A true copy of the original, now on file
in my office. A. ]. FLETCHER,
Sacretarv Of State