THE CONGRESS OF WOMEN.
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to an equal share in the estate of the deceased spouse, with full power to alter the same by will. This is the case in many American states, but still in many others the old common law estates of the widow’s dower and the widower’s courtesy are even now recognized and cannot be cut off by will. In a few states, too, the old rule of law survives which gives to the widower all his deceased wife’s personal property, unless she has otherwise disposed of it by will. In every state the widow and children are entitled to support out of the husband’s estate for a length of time varying from forty days in Massachusetts to a year in many western states, and during this time of support the widow may remain in the mansion house without paying rent, and even longer than this in some states. If the laws of the state recognize a homestead estate in the dwelling house of the family, this secures a home to the widow until she marries again, and to the family until the youngest child is twenty-one.
In Europe, exclusive of England and Italy, the widow has a very limited interest in the property of the husband. Under the French and Belgian codes she only receives the husband’s property when all heirs to the twelfth degree have failed. In Germany she has a certain portion of his property set apart for her. In Italy the laws resemble those of the most advanced of our United States in giving to either spouse a child’s share in the property of the other, and if no children or heirs survive the widow or widower has the whole estate. In England and America a widow, like a single woman, has the legal freedom of a man, and can be executrix of his will, administratrix of his estate, and guardian of her children. In Europe the widow has not full power to be guardian of her children; she must act under the advice of a special council appointed by the father in his will, if he has seen fit to do so, and the widow cannot discipline the children without the concurrence of the two nearest relatives on the father’s side.
In most of our states a father may appoint, by will, a guardian for his minor children, but this guardian cannot act as such if considered by the probate court to be an unfit person.
In England a father may appoint by his will a guardian to act conjointly with the mother. The Asiatic and African colonies of European and English nations are slowly receiving the benefit of their laws, as civilization and Christianity advance.
There are still dark spots upon the earth’s surface where the condition of woman is no better than it was four hundred years ago; where she is the slave, machine and plaything of the tyrant man, with no hope for the future, either in this life or a life to come, unless she holds the Mohammedan faith of future salvation by a union with man.
In summing up the results of our survey of woman’s present legal condition, let us first observe that while theoretically the legal condition of woman is determined by her social condition, yet now, in fact, because of the survival of ancient laws, which are out of joint with woman’s present social and intellectual emancipation, the reverse seems to be the case, and woman’s social development is hampered by useless legal restrictions. Take for example the law, still existing in some places, that a married woman shall not do business as a trader. This law is powerless to prevent a married woman from going into any kind of business if she chooses. Its only effect is to encourage her in dishonesty, by absolving her from any legal obligation to pay her just debts incurred in the business. Her employes and creditors are absolutely dependent upon her sense of honor, and cannot compel her in any way to pay them, if she refuses to do so.
This law may have been well enough in the days when no woman could attempt with social propriety to carry on business. It is now demoralizing to the woman it protects, and unjust to those who deal with her. The same is true of the laws excluding woman from public office, those rendering her incompetent to be a witness, to make a valid promissory note, and those denying to her the guardianship of her children. Women are nearly, if not quite, upon a recognized social equality with men in respect to freedom to labor and earn money, and in justice to men and women alike