Year: 1878

pe neI soie properly. lne Wie suaH nave
power to make contracts with third persons.
and to convey to them her real and personal
estate, in the same manner as If she we're un
married. All her property shall be liable to be
taken for her debts. except so far as protected
by other statutes but IN no case shall be las[e
to be taken for the debts OF the husband. and
OF tho wife contracted before marriage nor
upon her contracts made after marriage. except
as hereinafter specified


SECTION 2. All purchases made by either
husband or wife in bis or her own name shall
be presumed in the absence OF notice to the
contrary, to be on his or her private account
and liability; but both shall be liable where any
article purchased by either shall have IN fact
gone to the support Of the family, or for the
Joint benefit OF both, or for the reasonable ap-
parel Of the wife, or for her reasonable support
while abandoned by her husband. 1t shall
however, be the duty of the husband to sup
port hls family, and his property when found
shall be first applied to satisfy any such joint
liability; and the wife shall in equity be en-
titled to an indemnity from the property of the
husband for any property Of her own that shall
have been taken, or for any money that she
shall have been compelled to pay, for the satis-
faction OF any such claim.


SECTION 8. On the death of either husband or
wife, the survivor, except in the cases men
toned in the next section, shall be entitled to
the use for life Of one-third in value of all the
property, real and personal, legally or equitaby
owned by the other at the time of his or her
death, after the payment of all debts and
charges allowed against the estate; such third
to be set out by distributors appointed by the
court Of probate and to be set out in any prop
erty, real or personal, or both, according to the
judgment of the distributors. The right to
such third shall not be defeated by any dsposi-
tion Of The property by will to other parties
Where there is no Will the survivor shall take
such third absolutely, and if there are no child
ren OF the decedent, or representatives of
children, shall take one-half absolutely instead
Of one third. Where either husband or wife
shall have given any devise or legacy to the
other by will, such provision shall be taken to
be in lieu Of the share herein provided for
unless the contrary shall be expressly stated
or shall clearly appear; but in any such case
the party shall have his or her election whether
to accept the provision OF such will or to take
such statutory share. The wife shall also
when in the opinion of the judge of probate it
is necessary, be allowed a reasonable sum from
the estate Of the husband for her support and
that OF her family during the settlement Of bis
estate; but in that case shall not take her
statutory share till after the expiration OF the
time for which such allowance is made


SECTION 4. The provisions Of the last pre-
ceding section, with regard to the statutory
share Of the surviving husband or wife in the
property Of the other, shall not apply to any
case where, by written contract made before
marriage or after, either party has received
ion in lieu OF such statutory share Nor shall
either party be entitled to such statutory share
who had without sufficient cause abandoned
the other, and had continued such abandon
ment to the time of the others DEATH


SECTION g. The foregoing provisions shall
apply only to marriages hereafter contracted:
but in the case OF marriages already existing.
any husband and wife may. during the mar
riage enter into written contract with each
other for the mutual abandonment OF all rights
OF either in the property Of the other under
existing statutes or at common law, and for the
acceptance instead thereof of the rights given
by this act, which contract shall be recorded IN
the probate court OF the disri,t and in the
town clerks Office of the town in which they
reside. And upon such contract being made
and recorded, the provisions of this act shall
apply to such marriage in the same manner as
to marriages hereafter contracted.


SECTION 6. All statutes and parts of statutes
now existing which give to either husband or
wife any other rights or interest in the proper
ty of the other, either during marriage or after
the death OF either, than those which are given
by this act, are repealed as regards their appli-
cation to all marriages embraced within the
provisions OF this act The provision of the
statutes with regard to dover are. however. to
be in force 30 far as they relate either to modes
of proceeding or to the duties of tenants IN
dover as to property held by them; which
duties are hereby made the duties Of any
estate OF the other under the provisions of
this statute.-Approved March 16, 1877.


TO BE CONTINUED.


WASHINGTON, April 20, 1873.


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