The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1899-04-03

| III liit 10TH VI ldHu, the dllUWdIlCc "
a third to widow for life was al
| adequate provision for her needs. Dur
ing our colonial days and far into thi
century, the substantial portion Of
mans estate consisted of his dwelling
| house and other lands. If his widow
was given the homestead for life ant
a part of the appurtenant land, as be
tween herself and the children o
other heirs, the allotment was fair
| But with the growth of towns ant
cities and the enormous increase of thu
ratio in value that personal propert,
bears to real estate, arising from thu
growth of manufacturing and trans
portation industries and from tn,
| formation of corporations, the old pro
vision for widow became glaringlJ
| inadequate.
THE injustice of the law in refer
ence to dover Is even more manifest
from the fact that in case of marriage
prior to April 20, 1877, wife has nc
interest in her husbands personal es-
tate-I emphasized the word person
al-that cannot be defeated by him
in will entirely cutting her off. This
of course, is in the absence of their
having entered into an agreement tC
bring themselves within the provisions
of the act of 1877. In case however,
the husband has made no will, a Wild
ow, married before April 20, 1877, if
her husband died without leaving chill
dren or representatives receives one
third part of the personal state for
ever; In the absence of such children
or their representatives, she receives
one-half of the personal estate forever
The law of 1877 placed on a surer
foundation the rights in her husband s
estate of a woman married on or after
April 20, 1877 or married prior to that
date but agreeing with her husband to
accept the provisions of the new law
For widow in either such a case has
right for life to one-third in value of
her husbands property, real and per-
sonal, owned by him at time of death
and not needed to pay his debts. This
right cannot be defeated by any will
that he may make. If the husband
should die without any will, his widow
takes one-third absolutely. And if he
should die without a will and leaving
no children or representatives thereof,
his widow takes an absolute half of his
property.
Cases sometimes arise where hus-
band with adult children makes a sec
ond marriage and before his death gives
away his property to his children. In
such case the widow Is without rem
edy; her only right is to the property
of which her husband was possessed Of
at death. To prevent any such mishap
a woman should insist, before marriage,
upon settlement in her favor.
TT may be worth while to remember
that, in addition to her dover ard 9TH
err rights, a widow whose husband has
died without children and the bulk of
whose property has been distributed to
his kindred, has the right to compel
his estate to support her if she is in
necessitious circumstances.
so much for the civil phases Of the
question.
This company can have no interest
in the criminal law as it affects married
except as subject to sociologi-
cal study. I will touch very briefly on
this branch of the law
Modern legislation has been found
necessary to make it a criminal Of
tense for a husband to refuse to sup
port his wife and family unless by
reason by physical disability or other
good cause, he is unable so to do The
penalty is a Jail sentence in case of
failure to furnish bond for such sup
port. 1t is often troublesome ques-
ion where drinking mechanic is |
brought before the city court to know |
what is best to be done in the circum- |
stances. If he is sent to Jail. be will |
ose his job and then certainly his fam
ly will come on the town. Each case |
las to be decided by itself.
Neither husband nor wife can be |
to give testimony against /
he other in any criminal proceedings,
Except that, in prosecution against a
husband for personal violence upon his !
wife, she may be compelled to testify. |
1T Is principal of law that has
ONE down to us from former CEN
uries that a woman is prina facie in
apable of committing a crime in the
ctual or constructive presence Of the
usband. The theory is that, when one
f the lords of creation is present, his
yife is so overawed that she has no ac-
i've criminal will of her own, and, If
ny criminal act Is committed, he Is
he guilty party. But with society as
now is and with the new woman of
he aggressive and militant type as
nown to US fancy that a defense, set
p in criminal case by married wo-
ian, that she was acting under coer-
ion from her husband, would be receiv-
4 by judge and jury with proper in
redulity.
I'm closing 1 would say that the adj
COATES of female suffrage have con-
snded that the ballot is necessary to I
i've woman her rights before the law.
Iere the law to-day as it has been
lere might be some FEASIBILITY in the
aim. But looking over the entire field
statutory and common law, and
the legal status of the wife
18th that of the husband / am inclined
think that women, compared with
an, has in her legal rights that sub !
antial equality which is the only at
Unable equity"
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