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

| death until his own decease. To conve.
any such real estate husband and wifi
must both join in the deed.
| 1T should be added, however, tina
| during both Of these first two period
it was always possible to settle real ant
personal property on married woman
to her sole and separate use, freed from
all ownership or control on the part o
her husband. Such property she car
| deal with as though single, Settle
ments of property to the sole and sepa-
rate use of married woman are, how
ever, seldom met with in practice.
"At common law married womel
could neither sue nor be sued alone; blu
| their husbands had to be Joined with
them, as plaintiffs or defendants, as tbs
case might be.
This leads to a general statemen,
that ought logically to have been stated
at the beginning, namely, that the the
Dry of the old common law was that
husband and wife were one and that he
stood for and represented her in all mat
tiers before the world. So that she was
entirely disabled from making any con-
tract whatsoever with third person SO
as to bind herself with it's performance
or to respond in damages in any form of
civil action. The principle was modi-
fed somewhat, in equity jurisprudence.
Even before 1877, the old theory had
been greatly encroached upon by legis-
lation, which is as applicable as much
to-day as it ever was to women mar
ried before April 20, 1877. These modi-
flying statutes provide that actions may
be effectively sustained against mar
ried woman upon a cause of action ac-
cruing before her marriage, upon any
contract, made since marriage upon her
personal credit for the benefit of her
self, her family, or her separate or joint
estate, and for any tort committed by
her without the actual coercion of her
husband also that where husband and
wife enter into a contract Jointly for the
benefit of her estate, both are liable on
their contract; and also when mar
red woman carries on any business and
any cause of action shall accrue to her
therefrom, she may sue upon it as if she
We're unmarried.
ST now pass to the third or present pc
Rod. In 1877, many states having al
ready legislated on the subject, Con-
necticut made a radical departure in the
laws as regards married women. 1t was
then enacted that in case Of marriages
on or after April 20, 1877, neither hus-
band nor wife should acquire. by force
of the marriage, any right or
interest in the property of the
other except such rights as should
arise from one surviving the other-as
discussed later on. 1t was provided
further that the separate earnings OF
a wife should be her sole property,
that she should have the power to make
contracts with third persons and to
to them her real and personal
the same as though she were
that her property should
be liable for her debts but not for her
husbands debts, and that her husband
should no longer be liable for her debts
contracted before marriage. A further
provision is that purchases made by
husband and wife shall be presumed,
in the absence of notice to the con-
trary to be on his or her private ac-
count and liability; but that both shall
be liable when any article purchased
oy either shall have in fact gone to the
support of the family, or for the joint
benefit of both, or for the reasonable
apparel of the wife, or for her reasona-
Die support when abandoned by her
AS between themselves, how
ever, the duty of supporting his wife
md his family remains with the hus-
,and and if she is obliged to pay for
my such support she is entitled to re-
from his property.
Another section provided method |
whereby a husband and wife married |
,efore April 20, 1877, can bring them !
elves under the new law both as re- |
cards their rights while living and also
is regards the distribution after death
# one another's estate.
'"ro what extent, as between them
elves, this legislation annuled the
ctitous unity between husband and
wife, still remains uncertain. 1T is the
eneral opinion that husbar- and wife
annot now, any more than formerly
eed property directly one to the other
nd that title must be passed through
third person. Such conveyances
vertheless--without an intermediary
are constantly taking place. And
early every session of the Legislature
asses an act validating conveyances
this nature.
1.-THE taxable property of married
,oman, other than separate property,
put in the tax lists in the name of
ne husband. The statute, however,
reserves an eloquent silence as to how
husband can compel his wife to pay
err share of the taxes.
"A woman may procure a divorce
,r the same reason as man, but for
0 other reasons. If plaintiff, she may
SIX for resumption of her former
anne and may receive as alimony a
ortion of the defendant husbands es-
tie not exceeding one third of it's
alue.
"Having considered the property re-
tions of a wife during her husbands
fe, l will now pass to her rights as ,
idow in his estate, both real and per-
nal.
First, as to dover. In Connecticut s
widow married before April 20, 1877,
Is one-third interest for life in all
e real estate held in fee of which
IF husband died possessed. Such is
e case unless an adequate marriage
ttlement has been made in her favor c
: her husband before marriage or I'M ,
rs the husband and wife have enter !,
into an agreement bringing them
thin the operation of the statute of