The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-18
WILLS.
INDIVIDUAL OPINIONS ON THE TEsTAMENTARY
DISPOSITION OF PROPERTY OUGHT THE CHILL
DREN TO BE PROTECTED EQUALLY WITH THE

ObEN to DE FnO46C1EO 6SSAEAA 49, -
MOTHER?
To THE EDITOR OF TUE HERALD:-
am surprised to see the HERALD claim that chill
dren should be protected under testate law equally
with the widow. Woman cutters wsdiock at the full
maturity Of her physical and mental faculties and her
indoors management together with her bearing and
rearing OF children equal that OF the outdoors
management Of the husband as 1nancier. The chill
have added nothing to the growth OF the estate
They have been consumers, not producers A
wife should be protected ner industry the
husband, and that is why tho
law, aiming at justice, but falling far short
OF II. awards hor a third Of the realty Bear IN
mind It does not protect her IN personally, and
in the present days Of commerce personal estate ia
much greater than rcal There thousands OF fam
lilies in this city that foot Of land outside OF
the cemetery. l. for one, would do away with wills
altogether-that respect the joint estate OF
husband and wife, II should not be administ cred
upon tor the enrichment OF hungry courts and avarI-
cious heirs al law until tue remarrags death Of the
survivor state THIS, my remedy, Tor tho benefit of
the public at large.
In ludia the law gives the widow enjoy ment of
her husbands estate under certain restrictive con.
dttions Tor hic. II tncre arc IONS born Oi
the marriage they succeed at once, but II there
none tho widow comes in Tor her life in-
BILE provision was formerly circumvented, wbere
there were no children, by ''suttee or wiu0w burn
ing" She WAS urged to the sacrifice by the greed Of
tho husbands Kindrcd ana Tho professional dislike OF
the Brahmns TO have her enjoy the properly. Under
the community system ~ Germany there ~ IN utual
agreement and legal restrictions which prevent alien
alton o property by decd, gfs or donation without
the concurrence oil both parties to the marriage
tract A widow takes halt OF the legal community
absolutely ana enjoys the OF the half during
her lite. The only difference IN tho management OF
the property IS that the widow mas to obtain the
sent Of her children II sho wishes 10 dispose OF
landed estate.
You say, ''By tho Louisiana Code man who has
\ nhtit At.n mi tWn- nj
property Dy will; II he has Two children no can ais
pose oil only one aslii II he mas three or more
law touches only husbands separate estate and
his proportion OF tho ulat'ops during wedlock
iuto the Union. Over the acq1ests. consisting OF
property acquired during the from the earn
nss OF tho J"iat labor or capital oil BON, the husband
has no preference over the wife except by SPECIAL
agreement Tho capital originally contributed TO the
general stock ny the respective parties COOS back,
with Its pro rata of increase 10 the heirs Of tho
from whence u came. Under this just and equitable
provision the property Is treated US tho prons OF u
partnership. between equals, and not, ~ common
Law, the sole estate Of u male superior.
You ask, On what GROUNDS Of natural justice Is the
widow entitled to more protection than the emil
drenf' ask s.On what grounds OF natural justice
IL the widower snted to more protsct,on than tho
childrens" He has all tho joint estate, ana AZ MS
daughter Children are always financially protected
from their wiaow-moIher, but never against their
not work both ways No one with true OF JUS
ticc fail " SEQ how unjust law Is winch gives
the right to have the absolute control 0 all per-
sona property and which gives u me vile only the use
OF third Of the real cstte which At hsr death goes
TO her children sne has any, and, not, to her bus
bands kindred-not hers. fhe only protection tho
children have ~ IN tho mothers thirds
his securing patrimouy tor tho children through
the mother alone Is tribal law II strikes back 70
Tho lowest sta.us 0f gavagery. Among tho gems or
clans In primitive ages the chtdrcn not only inher-
tied from The mother alone out tnsy took hcr name
the Of the clan OF which she was meinb er
and tho husbands position subordinss to thst OF
his wife, At his all his properly reverted 10
his gentiieS The rsot OF tho evil dsinheritauce, 10
savage ITS origin, and IL should DO re-
manded 10 the Dark Ages. II IS unworthy
Instead OF curtali0g widows rights the statutory
law Should am nded that The husband could ESt
disinhsrit ms wife uader tcstanentary law by be-
Queanng all the personal estate 10 others rather than
ago OF progress ana 10 the status OF ms civilization
that ather Is allowed by law disinnorit his Of
spriugp Shall never free ourselves, as nation.
from The inhumanity OF the old common law !?
f0unaatf0n OF civil thore usticc, as demon
straed throughout Europe, and child can DO dstn
herited without his having committed somo very grave
offence.
Furthermors is II not simple act Of justice 70 pro-
tho widow her rIgnt OF administration in tes-
tate we'll IN ntcsIate sstatesf shall present a
bill 10 the New York Legislature the coming session
asking tor the passage OF such law In this State In
disgrace every State tho Union with the excsp.
ton oil Louisiana Texss, aud these States have
taken their equitable documentary groundstli from
tho Code Napoleon, not from the hideous Common
estate, but dispose Of tue whole OF 1t during
lie, there being dover rights excepting the ''de-
clarcd homes ead vaiuod AT SO OOO, and ne can put
executors the entire estate thus inviting them
the is.hsriess, ana they generally accept the invita-
ton MIRA j. W. STOW.