Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-18
MARRIED WOMAN's ACT.
Changes That Should BE Made to
Secure Rights Both Ways.

MARRIED WOMAN's ACT.
Changes That Should BE Made to
Secure Rights Both Ways.
To the Editor of The Evening Star:
The laws in force in the District of Co.
lumbia are made up from nine separate
and distinct sources. The need of revision
has been frequently pointed out by The
STAR and no further argument is needed on
that point In some of the most vital con-
Germs of daily life our laws are a hundred
years or more behind the times.
The common law estates of dover and
curtesy have been abolished or modified in
a majority Of the states of the Union; but
they still exist in the District of Columbia,
briefly stated, dover being the life interest
which wife has in one-third of her hus-
bands real estate, and curtesy the life in
terest which husband has in his wife's
real property under certain conditions. The
married woman's acts of 1869 and 1896
purport to give a wife complete control of
her property; but no one will take the deed
OF married woman without her husbands
signature, nor is she generally accepted as
surety on a bond. The act of June l. 1896
accomplished nothing for married women
in this respect. Transfers of real estate
may be hampered inethis way until dover
and curtesy are abolished.
Until 1896 a fatherzcould, by will, provide
that his infant child be taken away from
it's mother and gven 60 a stranger That
barbarous law, which permitted the most
cruel wrong which could be inflicted on a
MOTHER, was enacted in 1870 during the
reign Of the Merry Monarch Charles H.
Under the law of 1893 the mother has equal
rights with the father in the matter of
guardianship; but the prevailing opinion is
that the mother should be preferred, espe-
clally in case of small children.
remedy hpIf do in
cient patchwork of laws, submit the fol-
lowing proposed bill, which explains itself:
A bill to abolish estates of curtesy and dow
er in the District of Columbia to provide for
the custody of the persons of children I'M
Ger fourteen years of age; to regulate the
descent and distribution of the estates. OF
intestates. and for other purposes.
Be 1t enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled:
Section l. That estates of curtesy and of
dover are hereby abolished.
Sec. ,. Any married woman may convey
devise or bequeath her property, or any in
terest therein, without the consent of her
husband, and in the same manner as if she
were unmarried
Sec. 3. Any married man may convey, de-
wise or bequeath his property, or any in
terest therein, without the consent of his
wife, and in the same manner as if he were
unmarried.
Sec 4. The mother is the natural and
dren under fourteen years of age, and her
rights as guardian shall be preferred to
those of the father and all other persons
whatsoever; unless the mother is shown by
competent evidence in open court to be d
habitual criminal, a person of open AMI
notorious evil life and vicious character or
person Of unsound mind or unless said
mother has been divorced from the father
CT the children because Of adultry commit
ted by her.
Sec & When any perSon having titla ~
any estate, real or personal, not otherwise
limited by marriage contract, dies without
disposing of the same by will, said real and
personal property is succeeded to and must
be distributed, subject to the payment of
debts. in the following manner:
list. If the intestate leave a husband or
wife and issue surviving. one-third of the
estate, real and personal, shall go to the
and the residue of the real and personal
property shall go to the surviving child or
children, or descendants of deceased chill
dren, the children taking equal shares.
lectively the share which their parent
would have taking if living.
ID 1t the intestate leave no husband or
wife surviving, the entire estate real and
personal, shall descend and be distributed
to the children surviving and the issue of
deceased children, the children taking
equal shares per capita and the issue of
deceased children taking per stripes.
3D. Ii the interstate leave a husband or
wife surviving and no ISSUE then one-haIf
of the real and personal property shall go
to the surviving husband or wife In fee
simple, and the residue of the estate shall
go to the next of kin in the order provided
for in the following paragraphs of this act.
4th. If the intestate leave no husband or
wife and no issue, then the entire estate
shall go to the father and mother of the
intestate In equal shares, but if the father
or mother be dead, all of the estate shall
go to the surviving parent of the intestate
9th. If there be no issue, no husband or
wife surviving. no father and no mother
the entire estate Of the intestate shall 90
to his or her surviving brothers and sisters
in equal shares per- capita, and to the
descendants of brothers. and sisters who
are dead, said descendants taking per
stripes
9th. If there be no husband or wife living
and If none of the relatives above enum-
Grated be living, the entire estate of the in
testate shall go to the surviving grand
parents and the descendants of decea sed
grandparents: GRANDPARENTS. male and fe-
male, taking equal shares, and said de-
scendants taking perfstfrpes.
7th. If none of the relatives above named
be living and there Ia no husband or wife
surviving, then the entire estate of the in
testate shall go to his OF her nearest sur
viving lineal ancestors and to the descend
ants of those deceased, ,ancestors of the
same degree, male and female taking eouaI
shares. and said descendants taking per
stripes.
Sth. Relatives of the half-blood shall in
herit in the same manner as those of the
whole blood in the same degree
Sec. 8. The provisions of this act shall ap-
ply only to the District of Columbia.
Sec. Z. All acts and parts of acts incon-
sistent with the provisions of this act are
hereby repealed.
In drafting this bill have made use of
some Of the best features of the statutes
of the most progressive states of the Union.
No preference is given to males in the
bill. It is hoped that residents Of the Dis
trict Of Columbia will give their Favorable
consideration to this or some similar bill
THOMAS w. GILMER
Washington, D. c.. December IA, 1897,
Indictments Rep0rted5
The grand jury has reported indictments
a inc he foIIouui,er. Tnhp n