Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-02-22

which is a matter of considerable promi-
nence In the common law, is unknown in
Louisiana. Prior to 1908, when the state
legislature amended the CODE women
could not legally be witnesses to a will.
In general, the Louisiana code, in all its
provisions respecting women, is remark
ably solicitous to protect them even
from their owntweakness. For example,
there are stringent prohibitions against
married woman borrowing money with
which to pay her husbands debts. A mar
r1ed woman may not, in fact, borrow
money or ALLEVIATE her property at all ex-
cept with the consent OF her husband or
a judge, or, in some instances, with the
approval of both.
One of the most benevolent provisions
of the law is that which determines the
ownership of the earnings of a married
couple. The code proceeds on the theory
that in the great majority of cases the
husband is the wage-earner of the part
nership, but assumes that the wife's
activities. though confined within the
walls of her home, are of equal value
and Importance. Therefore, it is held
that one-half of all the money which he
may earn shall go to his helpmate. How
ever, property inherited or acquired by
either member of this partnership-call-
subject to this division, but becomes the
exclusive possession of its recipient.
OF course. the law does not give either
wife or husband any right to property
which one or the other of them may have
acquired prior to marriage, and the COM
munty is dissolved by death. Moreover
at the time of marriage the parties may
make a contract whereby there shall be
no community between them, but each re-
tain the exclusive ownership of their
earnings. In the latter event, the contract
must be recorded in the mortgage office.
where it may be viewed by third parties,
who might otherwise suffer from their
ignorance Of the status of the couple.
The Louisiana law u.s. moreover, excep-
tionally careful Of the interests of minor
heirs. For instance, it provides for what
is known as the family meeting This
is a council appointed by the court from
among the relatives or near friends of the
minor, which exercises a sort of general
supervision over his concerns, and to
which the executor must report. and with
out the authorization of which the exc
cutor can take no step vitality affecting
the administration of the estate.
Regarding the nature of wills. the Lou
the most part it's provisions exhibit an
wisdom and foresight One form
of will which is peculiar to Louisiana is
the Geographic WILL" regarded by some
of the ablest lawyers I'm the state as the
most satisfactory form of testimentary
This is a will wholly writ
ten, dated and signed" by the persona
making it. Another form of will may be
dictated to a notary, in which event 1t is
known as a testament by public act" |
The notary is prohibited from offering |
any suggestion during the preparation of
this instrument as to the manner in which |
the testator shall dispose of his property |
and In case he should violate the law |
In this regard the will is voided, but the |
official is made responsible to |
the heirs who shall thereby be deprived |
of their heritage.
The character of the Louisiana law is ,
most readily understood from an examina-
ton of it's history. From such a study |
one may learn, better than in any other !
way, how diverse are the elements out |
Of which the existing code has been forg>
ed and how deeply ingrained In the men,
tai processes of the people are the ideals /
OF the ancient Roman law. The first laws |
that were enforced In Louisiana were the
edicts of the realm of France and the !