Legal Status of Women in Iowa by Jennie Lansley Wilson
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page 16 of 99 (16%)
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wife took a dower, or life estate in one-third of the husband's lands
after his death, whether there were children or not. This estate of dower was forfeited should the husband be found guilty of treason, but his interest in her lands was not disturbed by the treason of the wife. His life interest in her real estate attached to trust estates, but she could claim no interest in trust estates of her husband. If the wife owned leases of land they could be sold or assigned by the husband during marriage. If he survived his wife they belonged to him, if she survived him, they belonged to her, provided he had not disposed of them while living. [Sidenote: Descent of property.] Personal property descended to males and females in equal shares, but the oldest son was entitled to the whole of his father's real property. [Sidenote: Unity of person in criminal law.] The unity of husband and wife was not so strongly affirmed by the common law when it dealt with their relation to criminal matters. When a wife committed an offense against the state she possessed a separate and distinct life and personalty, for the purposes of punishment. It is true that she was still inferior and this distinction was recognized and emphasized by the difference in the penalties imposed for the commission of the same crimes, these penalties being in inverse ratio to the importance of the criminal. [Sidenote: Theft, burglary, etc.] [Sidenote: Presumption of innocence.] |
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