Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1904-09-03
Retiring President Of New Mex.
leo Bar Association Dis,
cllsses Community Prop.
erty Law.
COGENT criticisms
MADE BY SPEAKER
Under the Present Statutes Sep
arate aud Community Rights
are Sadly Mixed. I'm
prOyements Suggested.

PIoNeincntS SuSseSteu.
Address Of Hon. William G. Wrig
ley, president of the New Mexican
Bar Association, at a meeting in Las
Vegas, New Mexico, on Monday even.
ing, August 30, at the Commercial
club rooms. Delivered orally and re.
ported by VIM. e. Gortner. Esq, Las
Vegas.
Ladies and Gentlemen.
The next thing in order, presume,
will be the few remarks shall make
this evening. will not dignity them
with the name of an address. In the
first place | have not the power of
writing out an address and afterwards
delivering il, and secondly, owing to
the lateness of the hour 1t will hard.
" be, appropriate for me to make an
elaborate address to the session here
this evening, even il | had the pow,
er to do SO. and lastly, | am to be
followed by two able gentlemen,
whose remarks are always prepared
with care and elaborated upon so well,
that the sooner what have to say is
through with, there will be more graz.
ifieation for you afterwards.
propose to speak briefly tonight
about the last statute that we have
on the subject OF community law; the
statute passed in the year 1901. There
are, as You know, two systems of
property, particularly real estate
property. in the territory. known as
the common law system and the com
munity property system, and | will
read to You few of the statements
by different courts and text writer's
as to the force and effect, and pow
ers OF the different sponses with ref
erence to community property law.
The first is as follows.
THAT separate property is the
counterpart Of community property,
and into one or the other these classes
will fall all the property Of married
persons"
AS rule applicable to all the COM
munity property. STATES and territor.
les with one or two exceptions, the
husbands dominion and power OF dis
position extends to all community
property that standisc in his own
name as well as hia wife's, and her
joinder even In lands standing in her
name OF record, Is not necessary &c
convey both their interests.
1T is universally true that commun,
ity property is liable for community
debts. The husband being the head
and master Of the community and
alone personally responsible for its oh.
legations, and IFS properly being an.
der his dominion and subject to his
disposition, sui must he brought
against him alone. and on d Judgment
against him, community property thai
standing in his wife's name as well as
his. can be levied upon and Sold
During the existence og the com.
munity the wife has no vested inter.
est ii any community property. The
husband Is considered as ihe sole own
er. with an expectancy 70 her II she
survive him
Now with reference 70 The powers
OF the husband oyer the real estate
there is not so much difference be.
tween the community properly law
and the common law As We all know,
under the common law the property
standing In The husbands name was
his. and the wife alone had an ex.
pectancy Of dover, because the great
weight of authority Is. that power was
not vested interest and that the
legislature had power 70 take u
away from her that II was mere
expectancy, and ..sout the same under
the community property law. All
these things have stated before, be.
ing with refeffnce 70 the 9isw as Il
existed prior 70 1901, which II Will
speak Of afterwards. Her riglf was
an expectancy. an incohate riefit that
vested IN her only at the deatl q
her husband, or on the dissolution Of
tho marriage community between
them, when really Il needed decree
OF the court to vest in her, her prev.