The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1892-03-16
Local Status oE WOMAN.
The Rights or the Mother Under the Law
In Indiana
Third paper1

PEELED 10 support her.
The law at present, in Indiana. gives to
the court or Judge the authority to make
such disposition Of children. in case of
divorce, as he deems proper. The mother
if proper person is given, in preference
to the father, the custody of the children.
If the father dies, the children may re-
main with the mother even though che is
not their guardian.
The mother in case the father has died
or deserted his family or is imprisoned
may maintain an action for the injury or
death of a child. She NAV also, under
like circumstances, prosecute as plaintiff
for the seduction OF her daughter, though
the daughter be not living with her or in
her service at the time. aud there could be
no loss of service. The law is so stated to
annul a former law, that the father or
guardian, in case OF seduction OF daugh-
ter or ward, must prosecute not for dam
ages to child, but for loss Of service be-
cause OF the condition OF the girl
When husband or father has deserted
his family or is imprisoned, the wife or
mother may prosecute or defend in his
name, however, any action which he
might have prosecuted or defended, and
she has the same powers and rights therein
that he might have had.
The mother Of an illegitimate child
dying intestate without issue or other
descendants, inherits his estate if she be
dead. her descendants or collateral kin
dred take the inheritance in the order
prescribed by law.
Ii any intestate dies without lawful
issue or their descendants alive, one-half
of the estate goes to the father and mother
OF such intestate as joint heirs, or if either
dead, to the survivor, and the other half
10 any brothers and sisters of the intestate.
II there be no collateral kindred the en-
tire estate Teverts TO the parents.
The mother of an adopted child diving
interstate without brothers and sisters OF
the natural blood inherits the whole of
his estate under this law.
III amarried son or daughter die intestate
and chlldless. one-fouTth of his or her
property, ii the whole amount exceeds in
value $1,000, dcscends TO the father and
mother jointly. or if either dead TO the
survivor. Ii the estate does not exceed
$1,000, the whole of it goes TO the widow
of the intestate.
In ali cases OF law where the consent of
parent or guardian is required the father
IL presumed 10 be, the necessary parent
and should he be dead, and another than
the mother be guardian, she is debarred
from her prerogative TO a certain extent,
Wills and Rights ofthe Widow-Married
women can not, at common law. make a
valid will. Their incapacitv in this re-
spect results partly from the general
disabilities of Overture, and partly from
that common law policy which would pre-
serve unimpaired the husbands marital
control and right OF succession. So, too,
the marriage OF femme sole" ie such an
entire change in her condition and rela-
tions, that ii is held to work a revocation
OF her will executed before marriage
And the effect was the same where she
survived her husband and was thus re-
stored to her former condition.
But by the legis alive enactments of
1858 the will of married woman in Indi-
ana was considered valid. Neither is it
necessary here, as in many other states
for the husbands consent to be written
upon the document.
The husband takes the same rights in
her estate at her death as she does in his
with this exception: She receives her
share of his estate free from all demands
OF creditors. while he receives his share
of her estate subject to- its proportion of
the debts of the wife contracted before
marriage.
The law regarding the rights and liabil-
tiles OF the widow is complicated by the
nature of the conditions. so much de-
ponds upon the amount and form Of prop
erty LETT and the number and age of any
children.
\ few leading rulings can suffice in gen.
eral. Ifs husband die testate or intestate.
leaving a widow, One-third of his real es-
tate shall descend to her in fee simple
free from all demands of creditors. Pro-
yided, however, that where the real estate
exceeds in value $4,000 the widow shall
have one-fourth only and where the real
estate exceeds in value $4,000, one-ffth
only, as against creditors.
The widows interest in real estate is
only reduced in favor of creditors; as
against theirs, she takes one-third in fee in
value.
This third SO taken cannot be sold,
either for the payment of debts of the
husband or legacies. As against the child
rem OF her deceased husband by former
marriage, being childIess by him, she takes
only life estate in one-third of the realty.
Should she have a child and it die before
its father does, her title to fee absolute
holds good.
II a husband die intestate, leaving a
wife and one child only, his real estate
descends One-half to each. Her interest
can never be reduced below one-third of
the entire estate. Where the husband has
lett will she can either take under the
will, or as the statutes provide. If hus-
band die testate or interstate, the widow can
take personal property of his TO the extent
OF $500 in addition to the amount which
the will bequeaths or the law provides.
If a husband die interstate, leaving no
child or descendants and no father or
mother, the whole of his property. real
and personal, goes 10 the widow If his
father or mother is living three-fourths of
the property, real and personal, descends
to his widow and the one-fourth to the
parent. If, however, the entire estate do
not exceed 81, 600 the whole of it goes to
the widow.
The personal property held by the wife
at the time OF her marriage, or acquired
by her during coverture by gilt, descent
or devise, remains her own property to
the extent, and under the same rules as
/ her real estate so remains. On the death
of the husband before the wife, such per-
sonal property shall go to the wife, and on
her death shall be distributed in the same
manner as her real estate descends.
The alienage of any woman does not
| debar her from her right to one-third OF
| her husbands lands if he was citizen of
| the United States, or had complied with
the laws of this state to entitle him to
| hold land