such excess, with the interest thereon, shall inure to the benefit of his creditors. [Thus amended by L. 1870, ch. 277.] 43 N. Y., 287; 1 Barb. Ch., 268; 3 Bradf., 139; 59 N. Y., 387; 100 N. Y., 372. Loss, how payable. § 2. The amount of the insurance may be made payable in case of the death of the wife before the period at which it becomes due, to her husband or to his, her or their children, for their use, as shall be provided in the policy of insurance and to their guardian if under age. [Thus amended by L. 1866, ch. 656.] 85 N. Y., 591; 86 N. Y., 11; 24 Hun, 355; 26 Hun, 150. L. 1860, Chap. 90-An act concerning the rights and liabilities of husband and wife. Married woman may hold property, collect rents, etc. SECTION 1. The property, both real and personal, which any married woman now owns, as her sole and separate property; that which comes to her by descent, devise, bequest, gift or grant; that which she acquires by her trade, business, labor or services, carried on or performed on her sole or separate account; that which a woman married in this state owns at the time of her marriage, and the rents, issues and proceeds of all such property, shall, notwithstanding her marriage, be and remain her sole and separate property, and may be used, collected and invested by her in her own name, and shall not be subject to the interference or control of her husband, or liable for his debts, except such debts as may have been contracted for the support of herself or her children, by her as his agent. 42 Barb., 69, 118, 532, 572; 41 Barb., 564; 36 Barb., 55; 25 How. Pr. R., 468; 24 How. Pr. R., 32; 9 Abb., N. S., 109, 447; 3 Daly, 197; 4 Abb., N. S., 372; 8 id., 335; 53 Barb., 615; 53 N. Y., 93, 425; 52 N. Y., 432; 51 N. Y., 138; 48 N. Y., 212; 45 N. Y., 230; 2 Abb. Ct. App. Dec., 492; 3 id., 280; 4 Lans., 164; 40 How. Pr. R., 33; 15 Abb., N. S., 103; 61 N. Y., 579; 8 Hun, 305; 19 Hun, 119; 14 Abb. N. C., 333, 341; 64 How. Pr,, 87; 26 Hun, 288; 41 Hun, 447; 93 N. Y., 17; 96 N. Y., 538; 101 N. Y., 77; 85 N. Y., 516; 92 N. Y., 152; 100 N. Y., 328. Married woman may bargain, sell and transfer her separate property. § 2. A married woman may bargain, sell, assign and transfer her separate personal property, and carry on any trade or business, and perform any labor or services on her sole and separate account, and the earnings of any married woman, from her trade, business, labor or services, shall be her sole and separate property, and may be used or invested by her in her own name. 35 Barb., 80; 26 How. Pr. R., 30; 16 Abb. Pr., 328; 65 Barb., 158; 54 N. Y., 343; 49 N. Y., 47; 48 N. Y., 212; 44 N. Y., 345; 54 N. Y., 652; 6 T. & C., 440; 56 N. Y., 462; 64 N. Y., 589; 74 N. Y., 356; 69 N. Y., S7; 68 N. Y., 329; 73 N. Y., 260; 67 Barb., 566; 19 Hun, 280, 550, 595; 74 N. Y., 116, 182; 76 N. Y., 504, 196; 75 N. Y., 103; 8 Abb. N. C., 253; 22 Hun, 15, 310; 23 Hun, 403, 87, 184; 13 Abb. N. C., 428; 37 Hun, 140, 405; 96 N. Y., 524, 538. May bargain, sell and convey real and personal property. § 3. Any married woman possessed of real estate as her personal property, may bargain, sell and convey such property and enter into any contract in reference to the same, with the like effect in all respects as if she were unmarried, and she may in like manner enter into such covenant or covenants for title as are usual in conveyances of real estate, which covenants shall be obligatory to bind her separate property, in case the same or any of them be broken. [Thus amended by L. 1862, ch. 172.] 35 N. Y., 507; 34 N. Y., 296; 4 Robt., 429; 58 Barb., 622; 47 Barb., 155; 3 Lans., 120; 42 How., 176; 2 Daly, 401; 65 Barb., 158; 16 Hun, 141; 13 Hun, 377; 14 Hun, 153; 75 N. Y., 103; 63 N. Y., 612; 25 Hun, 33, 644; 38 Hun, 220; 85 N. Y., 516; 86 N. Y., 448; 27 [Sections 4-6 were repealed by L. 1862, ch. 172.] [Section 7 was repealed by L. 1880, ch. 245.] Her bargains not to bind husband. § 8. No bargain or contract made by any married woman, in respect to her sole and separate property, or any property, which may hereafter come to her by descent, devise, bequest, purchase, or the gift or grant of any person (except her husband), and no bargain or contract entered into by any married woman in or about the carrying on of any trade or business, under any statute of this state, shall be binding upon her husband, or render him or his property in any way liable therefor. [Thus amended by L. 1862, ch. 172.] 3 Daly, 293; 45 N. Y., 230; 53 N. Y., 425; 1 T. & C., 140; 1 Robt., 112; 35 How. Pr. R., 279; 4 Lans., 164, 421; 9 Abb., N. S., 359; 47 N. Y., 578; 53 N. Y., 97; 48 N. Y., 212; 35 N. Y., 511; 2 Abb. Ct. App. Dec., 492; 62 Barb., 536; 58 Barb., 622; 55 Barb., 418; 47 Barb., 155; 15 Abb., 279; 18 W. D., 316; 30 Hun, 255; 35 Hun, 270; 96 N. Y., 538. [Sections 9-11 were repealed by L. 1862, ch. 172.] L. 1862, Chap. 172 - An act to amend the act entitled "An act concerning the rights and liabilities of husband and wife," passed March twentieth, eighteen hundred and sixty. [Sections 1 to 4 amended L. 1860, ch. 90.] [Section 5 was repealed by L. 1880, ch. 245.] Mother to give consent to apprenticing child. § 6. No man shall bind his child to apprenticeship or service or part with the control of such child or create any testamentary guardian therefor, unless the mother if living, shall in writing signify her assent thereto. * 55 How. Pr. R., 494; 24 Hun, 370. [Section 7 was repealed by L. 1880, ch. 245.] L. 1870, Chap. 277 - An act to amend an act entitled "An act to amend an act entitled 'An act for the benefit of married women in insuring the lives of their husbands,'” passed April fourteenth, eighteen hundred and fifty-eight. [Section 1 amends L. 1858, ch. 187, § 1.] How policies may be surrendered; or bequeathed, etc. §2. Any policy in favor of a married woman, or of her and her children, or assigned in her, or in her and their favor, on written request of said married woman, duly acknowledged before a commissioner of deeds, or other officer authorized to take acknowledgments of deeds, in the same manner as required by law, to pass her dower right in lands of her husband, and on the written request of the policy holder may be surrendered to and purchased by the company issuing the same in the same manner as any other policy. And such married woman may, in case she have no child or children born of her body, or any issue of any child or children born of her body, dispose of such policy in and by a last will and testament, or any instrument in the nature of a last will and testament, or by deed duly executed and acknowledged before an officer authorized to take acknowlegments of deeds, in the same manner as required by law to pass her dower right in lands of her husband, which disposition lawfully made shall invest the person or persons to whom such policy shall have been so bequeathed, or granted and conveyed, with the same rights in Probably superseded in part by the amendments to tit. 3, § 1, of this chapter. See post, p. 2612. respect thereto as such married woman would have had in case she survived the person on whose life such policy was issued, and such legatee or grantee shall have the same right to dispose of such policy as herein conferred on such married woman. [Thus amended by L. 1873, ch. 821.] 43 N. Y., 287; 1 Barb., 268; 3 Bradf., 139; 53 How. Pr. R., 471; 15 Abb. N. C., 75; 26 Hun, 288; 33 Hun, 425; 100 N. Y., 327; 102 N. Y., 266; 22 J. & S., 312. L. 1878, Chap. 300– An act relating to powers of attorney by married women. Powers of attorney of married women. SECTION 1. Any married woman being a resident of this state, and of the age of twenty-one years or more, may execute, acknowledge and deliver her power of attorney with like force and effect and in the same manner as if she were a single woman. L. 1879, Chap. 248 – An act for the relief of policy-holders in life insurance companies. Assignment of policies for benefit of married women. SECTION 1. All policies of insurance heretofore or hereafter issued within the state of New York upon the lives of husbands for the benefit and use of their wives in pursuance of the laws of the state, shall be, from and after the passage of this act, assignable by said wife with the written consent of her husband; or in case of her death by her legal representatives, with the written consent of her husband, to any person whomsoever, or be surrendered to the company issuing such policy, with the written consent of the husband. 26 N. Y., 9; 38 Hun, 360; 90 N. Y., 492; 100 N. Y., 372; 102 N. Y., 266; 22 J. & S., 309; 103 N. Y., 617. L. 1880, Chap. 472-An act in relation to the partition of lands held by husband and wife as joint tenants, tenants in common, or as tenants by entireties. Husband and wife may voluntarily partition. SECTION 1. Whenever husband and wife shall hold any lands or tenements as tenants in common, joint tenants, or as tenants by entireties, they may make partition or division of the same between themselves, and such partition or division, duly executed under their hands and seals, shall be valid and effectual; and when so expressed in the instrument of partition or division, such instrument shall bar the right of dower of the wife in and to the lands and tenements partitioned or divided to the husband. 35 Hun, 271; 100 N. Y., 12. L. 1880, Chap. 487- An act to amend chapter seven hundred and seventeen of the laws of eighteen hundred and seventy, entitled "An act to authorize the sale of real estate in which any widow is or shall be entitled to dower in satisfaction and discharge thereof." Amendment. SECTION 1. Section seven of chapter seven hundred and seventeen of the laws of eighteen hundred and seventy, entitled "An act to authorize the sale of real estate in which any widow is or shall be entitled to dower in satisfaction and discharge thereof," is hereby amended so as to read as follows: Dower interest of lunatic widow in real estate may be converted into money for her support when personal estate insufficient. § 7. Whenever the personal estate of any insane or lunatic widow entitled to dower in any real estate shall be insufficient for the payment of her debts, or for her support, or when it appears to be for the best interest and advantage of the estate of any such insane or lunatic widow that her dower interest in any real estate should be converted into money, her committee may apply to the supreme court by petition, praying for authority to institute an action in the name of such insane or lunatic widow, under and in accordance with the provisions of the act hereby amended, to procure the sale of the real estate which is or shall be subject to her dower, in order that such dower right may be satisfied by the payment to such committee of a gross sum in lieu thereof. Such petition shall set forth the particulars as to the amount of such personal estate; the estimated value of such dower right, and an account of the debts and demands existing against such widow, or against her estate, together with such reasons as may exist for making the application. If, upon the presentation of such petition, the court shall become satisfied that the representations and allegations therein contained are true, it may in its discretion make an order granting the prayer of such petitioner for the authority herein specified. The consent to accept a sum in lieu of dower, required by the first section of the act hereby amended, may be executed and acknowledged by the committee of any such lunatic or insane doweress; and when so executed and acknowledged by such committee, shall be as effectual as if the same had been done by such doweress in person while of sound mind. The gross sum of money, in satisfaction and lieu of such dower, shall be paid to such committee upon giving such further security therefor as the court may require. And such committee shall account for such money so received by him as if the same had originally formed a part of the personal estate of such lunatic or insane widow. [The act (L. 1870, ch. 717), of which this act amends the seventh section, was wholly repealed by L. 1880, ch. 245; but as this act was subsequent to the repealing act, the editor will not undertake to determine the effect thereof. See also Code Civ. Proc., §§ 1617-1624.] L. 1884, Chap. 381-An act in relation to the rights and liabilities of married women. Married woman may make contracts as if single except with her husband. SECTION 1. A married woman may contract to the same extent, with like effect and in the same form as if unmarried, and she and her separate estate shall be liable thereon, whether such contract relates to her separate business or estate or otherwise, and in no case shall a charge upon her separate estate be necessary. 37 Hun, 227; 101 N. Y., 434. § 2. This act shall not affect nor apply to any contract that shall be made between husband and wife. L. 1887, Chap. 537-An act to authorize and empower a husband to convey directly to his wife and a wife directly to her husband. Direct conveyance of real property authorized. SECTION 1. Any transfer or conveyance of real estate hereafter made by a married man directly to his wife, and every transfer or conveyance of real estate hereafter made directly by a married woman to her husband, shall not be invalid because such transfer or conveyance was made directly from one to the other without the intervention of a third person. 35 Hun, 207. TITLE 2. TITLE II. Of Parents and Children. SEC. 1. Wife living separate from husband may have habeas corpus for minor children. 2. Custody of minor child may be given to mother. 3. Order may be annulled, varied or modified. 4. Habeas corpus may be issued for children detained by Shakers. 5. When search warrant for concealed child to be issued. 6. Custody of child, to whom awarded; orders may be revoked, etc. 7. Penalty for secreting, etc., or carrying child out of the state. of Wife, in certain cases, may have ha SECTION 1. When any husband and wife shall live in a state separation, without being divorced, and shall have any minor child of the marriage, the wife, if she be an inhabitant of this state, may beas cor apply to the supreme court for a habeas corpus, to have such minor pus for child brought before it. 24 Barb., 524; 2 How. Pr. R., 61; 2 Duer, 48; 19 Wend., 17; 5 Redf., 501. minor children. [149] award her § 2. On the return of such writ, the court on due consideration, Court may may award the charge and custody of the child, so brought before the custody it, to the mother, for such time, under such regulations and restric- of them. tions, and with such provisions and directions, as the case may require. 24 Barb., 524; 3 Hill, 405; 2 Duer, 48; 19 Wend., 18; 18 Wend., 637; 44 How. Pr. R., 14; § 3. At any time after the making of such order, the supreme Order may court may annul, vary or modify the same. be annulled, &c. 2 How. Pr. R., 61. children by Shakers § 4. Whenever application shall be made to the chancellor, a Habeas justice of the supreme court, or any circuit judge, by any husband corpus for or any wife, representing that his wife, or her husband, has attached detained himself or herself to the society of Shakers, and detains a child of the marriage between them, the officer shall inquire into the circumstances; and if satisfied by due proof of the facts represented, he shall allow a writ of habeas corpus to bring such child before him. [L. 1818, p. 38.] search may be § 5. If, upon the return of any writ of habeas corpus so issued, it If child shall appear that any child therein mentioned cannot be found, and concealed, satisfactory proof be made to the officer issuing such writ, that such warrant child is secreted or concealed, by or among any society of Shakers issued. in this state, he may issue his warrant, directed to the sheriff of the county where the said child is suspected to be, commanding such sheriff, in the day-time, to search the dwelling-houses and other buildings, of such society, or of any members thereof, or any other building or dwelling-house specified in the warrant, for such child, and to bring him before such officer; and the sheriff shall forthwith. execute such warrant. [The same.] |