Woman Under the Law

Cover Woman Under the Law
Woman Under the Law
Alvah L Stinson
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At common law a wife could act fully as agent, executrix and trustee, as w^ill hereinafter be shown. The fiction of the non-existence of wives, in the eye of the law resulted in great inconvenience and courts of equity from the earliest days recog- nized the legal existence of wives with respect to property settled on them to their sole and separate use; so that with respect to such property married women have always had many of the capacities of unmarried women. But these capacities w^ere limi
...ted to the aforesaid property; a w^ife has no greater personal capacity in equity than at law.
We must look to statutes for the most part, in order to determine the status of married women. For in all the states, the common law system of coverture has been more or less destroyed by legis- lation. The main difficulty lies in determining how far a particular statute has modified the pre-existing common lav/.
When a party labors under several disabilities, each must be considered by itself, and must be given 145 WOMAN UNDER THE LAW as great effect as if it existed by itself.


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