Legal Status of Women in Iowa by Jennie Lansley Wilson
page 11 of 99 (11%)
page 11 of 99 (11%)
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incapable of receiving a legacy unless it was willed to another person
as trustee, for her use and benefit, and if a legacy were paid directly to her, the husband could compel the executor to pay it again to him. [Sidenote: Wife's power to contract.] The wife had no power to contract a legal debt nor to bind herself by any kind of an agreement, neither could she make her husband liable for any debt or contract, except for necessaries. These, the husband was under obligation to provide, and in contracting for them, the law assumed that the wife was acting as his agent. [Sidenote: Release of dower.] She might release her right of dower in lands of her husband, but only when examined separately she acknowledged that the conveyance or release was not secured by his influence or coercion. [Sidenote: Wife's earnings.] Her earnings though acquired by her individual labor and in a business separate and apart from her husband belonged to him, and he could collect them by action. This was the law though husband and wife were living apart. They could be subjected to the payment of his debts, by his creditors, and if he died without a will they descended to his heirs as other personal property. They were not considered the property of the wife, even in equity, without a clear, express, irrevocable gift, or some distinct affirmative act of the husband, divesting himself of them and setting them apart for her separate use. |
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