Milford chronicle., 1909-11-12
THE PROPERTY RIGHTS Of
WOMEN TITLE OF PAPER
By Mrs. spruance of Wilmington.

it well worth publishing Ed.
The subject assigned to me is "ThC
Property Rights of Women," but since
unmarried women are clothed with the
rights with respect to property which
men enjoy, my remarks will be confined
to statement of the property rights oi
married women in Delaware.
At common law the fiction was that by
marriage the husband and wife became
one legal person, which was of course
the Man. The woman by her marriage
lost identity, Eer property became vested
in the husband, and she became civiliter
mortua. This gave rise to all the disabili-
ties under which married women so long
labored.
But women too have had their "Runny-
nedes" and their "Bill of Rights" and
the course of modern legislation has been
to do away with this fiction and to recog-
RiEe heseparate existence of the husband
and wife, and the close of the Nineteenth
Century sees them almost equal in civil
and prolitical rights.
THKsEPARATE INTEREST OF MARRIED WOMEN
IN THEIR PROPERTY.
The real estate and personal property
belonging to any married women at the
time of her marriage, or to which she
may become entitled at any time during
her marriage, shall be and continue her
sole and separate property, and neither
it nor the rents, issues and profits there
of, shall be subject to the disposition of
her husband, or liable for his debts or
contracts.
If any securities belonging to a married
woman are paid to her during marriage,
she may invest the money so paid in real
estate or other securities, and such in
Vestments shall likewise be her sole and
separate property.
POWER OF MARRIED WOMEN 10 GIVE BONDS
AND MORTGAGES.
When q married woman purchases real |
estate, she may secure the payment of the
purchase money or any part thereof by |
TecOnisence, Tecognizsnce, bond or mort
gage as if she were single, and her hus-
band need not be a party nor consent
thereto; and in any case a married woman
above the age of twenty-One years may
give bond with or without warrant of
attorney, just as if she we're single.
POWER OF MARRIED WOMEN TO DISPOSE OF
THEIR PROPERTY.
1st.-By Deed.-A married woman by
a deed to which her husband is q party,
upon private examination apart from her
husband before proper officer, that she
executed the indenture willingly without
eOmpulsion or threats or fear of his dis
pleasure, may sell and convey her real es-
tate as effectually as if she we're single
and she may sso make valid power of
attorney.
A married woman unjustly abandoned
by her husband and left to support her
self and children BY her own means and
efforts, shall have full power to sell and
dispose Of any, and all real estate owned
by her, and not acquired through her
husband or with his means. as effectually 8
as if she we're single. i
2nd.-By Will.-Any married woman Z
at the age Of twenty one wears or upwards,
may dispose of her property, both real s
and personal by will, but such disposal t
shall net affect the rights Of the husband n
as tenant by the courtesy Such will must a
be signed, published and declared by the Il
testator as and for her last will and testa-
nent, in the presence OftWO disintereeted
who are at her request and in u
her presence and in the presence of each q
other, must subscribe their names as wit a
aesses. :,
A husband and wife by a marriage COR :,
.rsct executed in the presence of two
witnesses before marriage, may determine
what rights each shall have in the others = .
sstate during marriage and after dissolu- :, y
ion thereof by death, and may bar each y
,ther of all rights in their respective es-
ates.
DOVER se
The widow of any man shall have the d
bird part of all the real estate owned by ="
Ter husband at any time during the mar.
iage, for life, as her dover. unless she =
hall have relinquished her right of dow N
r therein by her own voluntary act. oI
If testator shall devise to his wife any Pc
ortion of his real estate, such devise re
hall be deemed and taken to be in lieu ni
I her dover. unless such testator shall At
y his last will and testament declare 81
but the widow shall have the o'
hoice, and may either accept the estate 7u
, devised to her, or may decide to insist co
pom her dover or One-third part o! the sa
sal estate. ~
Such choice may be made. by the widow %
efore the Orphans Court Of the CouHty fol
here the testator's will is recorded, an
ther upon her voluntary appearance, or no
pom citation, issued to her from said m'
ourt. If after thirty days notice BY cie SCI
sion, the widow shall fail to appear and sal