The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-01-28

inheritance Til gitl may become /,
lawyer, preacher Doctor teacher Of
takeu any occupation as her brother
Except she cannot become d coal $dis
igers for Under the cbillslabor laws III
find this one . boy under twelve
years 81 inge. nor female person 81 ans
! IIage shall be- permitted ito work ii
any coal mine. Z Y e Viii
As long as d woman, Is single the
law finds no difficulty, In recognizing
and projecting her rights as a busi
ness man-hnt when she. marries THE
trouble begins, 4, X I s II:
The property rights, OF married wo.
men was deemed such an important
matter that We find in Article d, Sec.
ton 40, Of our State Constitution tho
following: II ;ss i5ss y
The legislature shall pass such
- 49, - =
laws as may be necessary to protect
the property ;ot married women from
the debts liabilities and control OF
their shusbanls.,' IL. 4 Z Z v
In accordance with this provision
we find that almost every session OF
the Legislature some new bill Is pre-.
scented upon this. subject. We fini
that the law now gives the single NO.
man absolute control Of all her proper.
tys'with a few exceptions. to which 1
shall call attention. & ltis3si &
X Under,h head OF property, We find
two diyisions--real estate and perso.
nal property BySreal estate we mean
lands. BY personal property Is meant
everything else. such as monies, bonds,
stocks. etc. is ISL
II Now we must keep these divisions
In mind as we try to explain the
different points. a "
" As have said before, the wife has
absolute control over her properly,
both real and personal and can: ais.
pose Of 1t as she pleases. excepting
that she cannot convey her; real "a.
tate without her; husband joipals In
the deed. .
III contrast, the husband can convey
hlsreal estate without his wife's con.
sent, bit she IS entitled to her dover,
unless she Joins In making the deel.
The word dover is a very old term IN
the common Law. II was recognized
from early times that d woman should
be entitled to at least a certain portion
Of her husbands real estate at his
death. Is
So we find that a married woman in
legal terms has what Is known as an
inchoate right; o. dove. in the real
estate owned by her husband, during.
his lifetime, and at his death. this
right becomes absolute which means,
III other words, that the wife has a
life estate in ohe.tiilrd otl the: real es:
tate which her husband had at the
time Of his death. " S. 81 &:
BY life estate Is meant the nse 81
certain property during ones life. {
Now, this dover cannot be taken
from the widow, without her consent,
by will Or otherwise. lnijcontrast to
the dover for the wife We find the
courtesy, an inchoate right,
in the wife's real estate. We have said
that a wife cannot convey her real
estate without her husbands consent,
for when q married woman dies her
husband lnherlts a life estate In all
her real estate. Which right is known
In legal terms as the husbands curt
sey, and cannot be taken from MIN
Without his consent, by viii or other.
wise. 3 K .i5
~ suppose the 5reasonfthat the law
Is SO particular and lays 80 sp much
stress on real estate Is that It was
In ancient times the, most
property one could own.
] AS, to all the personal estate, as va
have said, each can sell or dispose Of
II without the consent Of the other.
Each can will 1t where they please,
but II either die without a Will, the
husband or wife Is entitled to one.
third Of the personal property and if
there are no children to the whole
Of the personal estate. That Is II a |
wife die without q Will leaving a has.
band and children, the husband In
herlts by, the husbands curtesy law,
IS We have explained, a life interest
n all the real estate, and by the law
II distribution one-third Of. the pers6.
Al i - i