purpose, is good even to carrying dower with it. The husband has no power to do anything under such power of attorney beyond the acts authorized therein.

The wife may also enter into partnership with her husband to conduct any lawful business that she might carry on with any other person.

Section 55 provides that contracts made by married women do not bind their husbands.

Under this provision it has been held, that while the common law liability of the husband for the suitable support of the wife still exists, and she can bind him for necessaries, yet if she avails herself of the powers conferred upon her of making express contracts in her own name, and does make such contracts, even to purchasing groceries and other necessities for her use or use in the family, promising to pay for same, she will be personally liable therefor. It has also been held that a recovery may be had from her for clothing purchased by her; but in the absence of an express agreement on her part to pay for or charge her separate estate for medical services rendered to her at her request her husband will be liable. If he have no property or means with which to pay and the wife has a separate estate, a recovery will very likely be had against her, upon the presumption that knowing her husband to be unable to pay, she must be assumed to have agreed to do so, and an implied promise in such case is raised.

A wife may charge her husband's credit for necessaries, and a separation, in the absence of notice to merchants, does not revoke this power. If the wife leaves her husband in consequence of his adultery or for other just reason, she is entitled to her support from him and he is liable for necessaries furnished her, although he may forbid all persons trusting her on his account; such conduct of the husband being equivalent to his abandonment of her or of his turning her away.

If the wife leaves her husband against his will and without cause, and he stands ready to furnish her with proper maintenance if she would live with him, not having promised to maintain her separate from him, he will not be liable for necessaries furnished to her. If she offers to return and the husband refuses to receive her, unless she has been guilty of adultery, his liability for necessaries furnished her thereafter is revived.

An ante-nuptial contract whereby the woman agrees to relieve the husband from support is void as against public policy.

Section 60 provides a married woman shall have a cause of action in her own sole and separate right for all wages, salary, profits, compensation or other remuneration for which she may render work, labor or services, or which may be derived from any trade, business or occupation carried on by her, and her husband shall have no right of action therefor unless she, or he with her knowledge and consent, has otherwise expressly agreed with the person obligated to pay such wages, salary, profits, compensation or other remuneration.

Under the common law all wages and earnings belonged to the husband, and the foregoing section was intended to overcome this presumption where the wife is engaged in a separate business as now permitted. The common law right of the husband to the earnings and services of the wife when not received or rendered expressly upon her sole and separate account, is still in force, and services rendered by her except on her sole and separate account may be recovered by her husband.

It has been held that where the husband is at the head of the household, and the expenses thereof are borne by him, the right to recover for board of any boarders belongs to him, but where he consents to his wife taking boarders and agrees that she shall have and receive the recompense as her separate property, his common law rights are abrogated and she may collect in her own name.

Where a married woman makes a contract for her own personal services, and payment therefor is made to her, it will be presumed, in the absence of proof to the contrary, that they were performed on her sole and separate account, and she may sue for and recover for such earnings.

The earnings of the wife for services rendered to a third party, distinct from the common law duties she owes to her husband in the marital relation, belong to her and she may recover therefor. She cannot recover from her husband or from his estate, for services rendered by her in the household, and a contract by the husband to pay his wife for such services is void as against his creditors, and property transferred to the wife in pursuance of such agreement or on account of such services, or property purchased by her with the avails of such contract or services, may be reached by his creditors.

While the husband cannot require the wife to perform services outside of her household duties, if she does perform such services for him outside of such duties, she can make no binding contract with him for payment therefor.

Section 52 enables a woman in her own name, or in the name of a third person, with his consent, as her trustee, to cause the life of her husband to be insured for a definite period or for the term of his natural life. If she survives such period or term she is entitled to receive the insurance money, payable by the terms of the policy, as her separate property, and free from any claim of a creditor or representative of her husband, except, that where the premiums actually paid annually out of the husband's property exceed five hundred dollars, that portion of the insurance money which is purchased by such excess of premium money is primarily liable for the husband's debt. The married woman may dispose of such policy by will or written acknowledged assignment to take effect on her death, if she dies thereafter leaving no descendants sur

viving. After the will or assignment takes effect, the legatee or assignee takes such policy absolutely.

5. Rights and liabilities of husband.-A husband who acquires property of his wife by ante-nuptial contract or otherwise, is liable for her debts contracted before marriage, but only to the extent of the property acquired.

Under the common law the husband was liable for all the debts of the wife contracted by her before marriage without regard to the property received from her. Now he is not liable for such debts unless he acquires property from her, and then only to the extent and amount of such property.

The husband is bound to furnish a suitable home and maintain it in a proper manner according to his means, and supply his wife with suitable and necessary clothing, food, medicine and medical attendance, so long as she is not guilty of adultery or elopement, and does not desert him without just cause. He may discharge this obligation by supplying such necessaries himself or through his agents, or by giving his wife an adequate allowance in money to enable her to do so, in which case he is not liable to tradesmen who, without his authority, furnish her with necessaries.

A husband is no longer liable for the wrongful or tortious acts of his wife, unless such acts were done by his actual coercion or instigation.

CHAPTER V

DECEASED HUSBAND'S ESTATE

1. The estate and persons taking.
2. Right to body of deceased husband.
3. The funeral expenses.

4. The debts of the decedent.

5. The real estate, dower, etc.

6. The personal estate.

7. The last will and testament.

8. Administration of the estate.

1. Estates. The property left by a deceased person is termed his or her "Estate," and may consist of real or personal, or both.

If a valid will is left the decedent is said to have died "testate" and the estate passes according to the terms of the will, so far as the will disposes of the same. If no will is left the decedent is said to have died "intestate" and such estate passes according to the law of descent and the statutes governing distribution.

Persons related to the decedent by blood who take his or her real estate, in case of intestacy, are called "heirs," and those related by blood who take the personal property, in case of intestacy, are called "next of kin." An heir acquires property, as such, only by operation of the law, called the law of descent. The term "next of kin," generally speaking, applies to the nearest in relationship. A surviving husband or wife is not included within the term "heirs" or "next of kin."

A person who takes real estate under a will is called a "devisee." One who takes personal property under a will is called a "legatee." The term