CHAP. 164.--AN ACT CONCERNING THE PROVISIONS FOR WIDOWS IN CERTAIN CASES.

_Be it enacted, &c., as follows_:--

SECT. 1.--When a man dies, having lawfully disposed of his estate

by will, and leaving a widow, she may, at any time within six

months after the probate of the will, file in the probate-office,

in writing, her waiver of the provisions made for her in the will;

and shall, in such case, be entitled to such portion of his real

and personal estate as she would have been entitled to if her

husband had died intestate: _provided, however_, that, if the share

of the personal estate to which she would thus become entitled

shall exceed the sum of ten thousand dollars, she shall, in such

case, be entitled to receive in her own right the said amount of

ten thousand dollars, and to receive the income only of the excess

of said share above said sum of ten thousand dollars during her

natural life. If she makes no such waiver, she shall not be endowed

of his lands, unless it plainly appears by the will to have been

the intention of the testator that she should have such provisions

in addition to her dower.

SECT. 2.--Upon application, made by the widow or any one interested

in the estate, the judge of probate may appoint one or more

trustees, to receive, hold, and manage, during the lifetime of the

widow, the portion of the personal estate of her deceased husband,

exceeding ten thousand dollars, of which she is entitled to receive

under this act.

SECT. 3.--The twenty-fourth section of the ninety-second chapter of

the General Statutes is hereby repealed.

Approved April 9, 1861.

In a case on trial in the Superior Court to-day (Oct. 3, 1861),

Chief-Justice Allen ruled, that the law of 1855, allowing married

women to do business on their own account, separate and apart from

their husbands, did not exclude them from entering into

business-partnerships with men other than their husbands.

[43] On the 7th of April, 1861, the Ohio Legislature passed a bill

concerning the Rights and Liabilities of Married Women.

SECT. 1 conveys the impression, that all married women may control

their rents and issues of real estate belonging to them at marriage,

or separately received after.

SECT. 5, however, says "that this law shall not affect any

rights which may have _become_ vested in any person at the time of

its taking effect;" which, of course, cuts off from its beneficial

results all persons previously married.

It seems a perfectly simple matter to a woman to obviate the

difficulties and disappointments which arise in this way.

Let parties married under the old law, but desiring to benefit by the

new, go before a magistrate, and state their wish; and then let the

decision in their favor be published in the regular way.

Such a method would not benefit parties at variance; but it would

benefit a large class of women engaged, or desiring to engage, in

independent business.

The Ohio law repeals a former law of 1857, which secured to all

married women the control of the sale or the disposal of personal

property exempt from execution: so its benefits are of a nature by no

means unmixed.

[44] See note, page 349.

[45] See Appendix.

[46] This passage was originally prompted by some reflections on the

changes which have occurred in domestic life in Boston.

Here the family, even among those of the highest social rank, had once

a sacred simplicity pleasant to remember. Men were accustomed to take

their three meals with their wives and children. The latest

dinner-hour was two, p.m.; and suppers were unheard of. The evening

party began at seven; and young girls went freely and uninvited from

house to house, with their needle or their book.

How greatly all this is changed, my readers, many of them, feel still

more deeply than I; and, with this change, the formation of "clubs" of

various kinds has brought about others far more important.

A young married lady of rank and fashion was lately lamenting to me

the isolation of husbands and wives, fathers and children, consequent

upon club-life.

"But," she concluded with a sigh, "if my husband had no club, he would

expect a hot supper for a friend two or three times a week; and how

could I ever accomplish that?"

This _indolence_ of _women_ lies at the bottom of many serious social

evils. The woman who will not, health and fortune permitting, make

herself responsible in such a case for any number of hot suppers,

deserves to see her own happiness wither, her own hearth made

desolate.

It is needless to add, that if women would educate themselves to be

true and noble companions to their husbands, and resign on their own

part all that is unsound, and therefore unbecoming, in fashionable

life, hot suppers would cease to be a desideratum, and men would pass

pleasant evenings without them.

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