Daily capital journal. (Salem, Oregon) 1903-1919, 1918-06-21

lqWreu rlgnt TO an unulVlueu one
third of her land in fee simple, if he
should survive her. He has this right
whether he assisted in earning the pro
perty or not, and whether he lives with
her one day or forty years.
The law of 1917 was doubtless insti-
gated by someone who felt that the
women of Oregon had been so abused
that soEsthing had to be done, and
not knowing what to do, did "some-
thing"
| You have cited a single instance of
the holding Of timber land for specula-
tion where possible injustice might
be done to the wife, but hundreds of in
stances of actual injustice under the
present law may be cited.
A widow with three children married
a second husband. She then fell heir to
100acre tract of land, from her de-
ceased father. The husband deserted
her because she would not turn over
part of this property to him, so that he
could speculate with it. The wife died.
The Astounding husband, under the
present law, has one-third interest in
this land which he never helped to earn,
and should he die it viii go to his heirs
and not to these orphan children, where
| it should go.
Another case; A man died leaving
much property to his widow. They had
IAN infant son. She REMARKED. The boy
was young, the step-father was old. She
made her will giving the second husband
a life estate in the whole Of her prop
erty and giving the property all to her
son upon the death of the husband. The
legislature passed the law in its present
form. Now, if she dies her will is a
practical nullity. Onethird Of the pro-
perty will 60 in fee simple to the see
ond husband, who never earned it, and
upon his death will 60 to his heirs, and
not to the boy who should receive 1t.
She cannot make will which will cor
rect this error, nor can they fix it by
an agreement.
The law, if constitutional, has enn-
barrassed the right, both of the husband
and the wife, to deed or will their in.
dividual property as they could do be-
fore 1917.
A widower with son married a
widow with son. Each owned o farm
eonsiting of 150 acres. They desired that
the husband IS farm should go to his
son and the wife farm should go to
her son. Prior to the law of 1917 that
would have been the natural and legal
result. Under the law as now framed
should the wife die, one third Of her
farm would gc to her husband in fee
simple, and upon his death would go to
his son, SO that his son would get 200
acres, while her son would get but 100
acres. They do not want it that way
and you would not want it that way
but that is the result of the present law
What is worse, husband and wife can
not fix this, either by agreement be-
tween themselves or by will. The law, If
constitutional, has practically taken
away the power to will the individual
property and has much restricted their
right to contract with respect to it.
These examples are but few of
many, yet are sufficient to show that
the Dover and Curtsey law is not such
o contriyance as will do even approx
mate justice.
Before 1917 the mother could will her
individual property to her children, sub
ject to the life estate of her husband
in one half. Now she cannot do SO be-
cause the husband, tho he may have
never helped to acquire her property,
and though he may never deserve it, can
claim one third Of each tract which she
has willed to her several children, and
he can hold it in fee simple, and when
he dies it win go to his heirs, who very
often are not the same persons as the
heirs Of his wife.
The law has always prohibited the
husband and wife from contracting be-
tween themselves with respect to dow
'er and curtesy, as matter of public
policy.
Under the Inheritance law as it ex-
listed prior to 1917, and now, in case no
children are born, the surviving spouse
takes the whole estate. The man who
has raised family and also accumu-
lated property is generally a good hus-
band, and the good husband sees to IT
that his help mate in life, is provided
for at his death. If the dover is not
sufficient he provides for her by will,
No dover or Inheritance law can be
made which will meet all conditions. |
The right to make will is the safety |
Iaxs4