The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1882-02-10
QUESTIONS ANS SHERED.
SOME LEGAL IMPORTATION FOR NEAR
LY EVERYBODY MARRIED OR
UNMARRIED.

UNMARRIED.
The series OF articles on wills and the
legal relations of married women, which
has recently appeared in these columns.
saws the Philadelphia Ledger, has occa-
stoned a number of questions to be sent
to the Ledger. Some of these are group
ed in the replies given below
"a married woman. resident in Penn
sylvania, " owns several houses. the rents
of which she desires to leave to her hus-
band for life. SO as to be secure from his
present or future creditors, after his
death she wishes the property to go to
another person.
Answ wer-she can do this by proper
lv drawn will, but the clause which will
secure the income from being attached
by her husbands creditors must be
carefully drawn by a lawyer. The form
of words which she proposes is not suf-
ficient. The Ledger cannot give long
form of will, such rs would be necessary
to effect her purpose. She should 60 to
a trustworthy LAWYER
An Old Subscriber > asks, "What is
meant by married women'S earnings
Does 1t mean that she can claim her own
earnings and do whatever she likes with
them, and at the same time husbands
vii! be responsible for everything. in
the broad sense of the term Again. if
a man S wife lends money, or buys bonds
or property with money which has been
earned by her and her husband since
their marriage, cannot he claim such
money, bonds or property, the wife not
having filed her petition ?'' Here are
two questions. To the first we answer
that, if the wife has filed her petition.
under the act of Assembly, as set forth
In the article on the earnings of married
woman III the Ledger of August II, she
may claim her own earnings, though the
husband is responsible for the mainten-
anca of the family. If, however. she
contracts debts for necesSaries and the
husband has no means to pay for them.
the tradesmen who have furnished these
necesSarIeS can recover the debt from
her. The Law of NeceSSaricS will prob
ably receive early attention in the Led
ger. Secondly, money earned by the
married pair, and bonds and property
bought with that money, belong in GEN
eral to the husband, especially if the
wife has not fled her petition under the
act but if the money has been invested
or lent in the wife's name, there is a
presumption that the husband has Civ
en- 1t to her, and he must meet that pre-
sumption by showing that the invest
ment was so made only for purposes of
convenience. a number of law suits
have arisen under such circumstances.
1t must be always remembered that
husband may give to his wife and a wife
to her husband
Justice puts the following case
Mr.. c., at his death, leaves house
and lot by will to each of his daughters,
After coming into possession of her pro-
perty one of the daughters maTres, but
has no children. Can she make valid
Will and dispose of her property against
the wishes of her husband ?"
Answer. Her husband has a life es-
tate IN the house and lot, De which she
cannot deprive him by will but. after
his death. the real estate will 90 30 the
person to whom it is given in her will.
We take it Tor granted, as the question
is put, that the gift to the daughter was
absOlute-nOt in trust and not for life
only.
s. D. II. asks what the law is in 're-
ference to the disposition of the proper
ty, real and personal, of man who dies
lnteState, leaving only his widow: never
having any children and also the same
in reference to the death of a wife DOS
sessed 0f5propertv who leaves only her
husband to survive her, never having
had any children.
AnSwer-If the inteState has coliater-
al relations, the widow will take one
half of the real estate for life. and one
half OF the personal estate absolutely.
The surviving husband will take the
whole of the personality and a life estate
in the realty. If the intestate leaves
no relations whatever, the widow or sur
vlving husband will take everything.
This answer covers several other inquir-
les by different correspondents.
II. :. L. desires to know how the es-
tate of woman who dies intestate will
be divided, and what effect it will have
If mortgages are in the husbands name
for convenience sake.
Answer. Her husband will take
the real estate for life. with remainder
to her children, and ''child's share'' of
the personality. If she leaves four chill
ren, for instance, he will get One-fifth;
if but one, he will get one half. 2. If
the mortgages can be proved to be in his
name for convenience only. they will be
distributed like the rest of the personal
ty but this must be clearly shown.
M. asks whether married woman
can make will cutting off her husband
from all interests in her property
Answer. No. He can take against
her will just what she could take
against his; that is, if there be a child,
one third of the realty for life and one
third of the personally absolutely if he
prefer, he can take the whole realty for
life. We have explained just above if
she died intestate.