



Produced by Garrett Alley, and the Online Distributed Proofreading Team.






LEGAL STATUS

OF

WOMEN IN IOWA.

COMPILED BY

JENNIE L. WILSON, LL. B.

Member of the Polk County Bar.

DES MOINES:
IOWA PRINTING COMPANY.
1894.




Preface.


This book has been prepared for the purpose of presenting to the women
of Iowa, in a brief and concise form, those laws which pertain to
subjects in which they are most deeply interested, and about which there
is a strong and growing demand for certain and accurate information.

In this age of general intelligence, when learning in some degree is so
readily attainable, the maxim, that "Ignorance of the law excuses no
one," has a measure of justice in it, which could not be claimed for it
in former times, and it is most certainly true that, "As the subjects of
law, if not as its makers, all ought to know enough to avoid its
penalties and reap its benefits."

Every woman should understand the law of her own state concerning
marriage, divorce, the care and custody of children, and the mutual
rights and duties of husband and wife incident to the marriage relation.
She should know something of the law of minors and guardianship, of
administration, and descent of property, and her knowledge should
certainly embrace that class of crimes which necessarily includes her
own sex, either as the injured party, or as _particeps criminis_.

In the arrangement of this work, a very brief synopsis of the common law
upon these subjects is given, as the principles of the common law
underlie our entire statute law, and a knowledge of the former is
absolutely essential to render much of the latter intelligible. The
statute law of the state has been given in the exact words of the
statutes, with but few exceptions, and the explanations or notes
following these have been gathered from decisions of our supreme court.
The references are to sections of McClain's Annotated Code and
Supplement.

The design of the work is not broad enough to give to the most careful
reader that knowledge of the _minutiae_ of the law necessary in the
application of its principles to particular cases and under a special
state of facts. It is in nowise adequate, even though its contents
should be thoroughly mastered, to make every woman her own lawyer, in
matters where she would otherwise require legal advice, but it is hoped
that its statements are sufficiently plain and free from technical
phraseology and legal terms, that even the casual reader may readily
comprehend them, and be able to gain a general understanding of the law
of our state upon these subjects.

J.L.W.

Des Moines, Iowa, May 1894.




TABLE OF CONTENTS.


CHAPTER I.

SYNOPSIS OF COMMON LAW.
Common law in force--Changes--Marriage--Dissolution of marriage--Power
of husband--Disabilities of wife--Custody of children--Property
rights--Descent of property--Discrimination in criminal matters--Right
of appeal--Reason for subjection of women


CHAPTER II.

MARRIAGE.
Contract of marriage--Legal age--No express form necessary--Who may
solemnize--When void


CHAPTER III.

HUSBAND AND WIFE.
Property rights of married women--Remedy by husband or wife against the
other--Wife's torts--Conveyances to each other--Conveyances to third
parties--Wages of wife--Contracts of wife--Family expenses--Removal from
homestead--Conveyance of property when husband or wife is insane


CHAPTER IV.

DIVORCE, ANNULLING MARRIAGES AND ALIMONY.
Jurisdiction of court--Evidence--Causes for divorce--Husband from
wife--Maintenance during litigation--Alimony--Custody of
children--Annulling illegal marriages--Causes--Legitimacy of children


CHAPTER V.

MINORS AND GUARDIANSHIP.
Majority--Contracts of minors--Natural guardians--Guardians of
property--Powers and duties of guardian--Guardians of drunkards,
spendthrifts and lunatics


CHAPTER VI.

APPRENTICING AND ADOPTION OF CHILDREN.
Method of apprenticing--Schooling and treatment of minors--Who may
adopt--Method and effect of adoption--Home for the friendless--Powers


CHAPTER VII.

WILLS AND LETTERS OF ADMINISTRATION.
Who may make wills--Of what property--Verbal wills--Wills in
writing--Revocation--Cancellation--Executors--Administration--Who
entitled--Time allowed


CHAPTER VIII.

SETTLEMENT OF THE ESTATE--DESCENT AND DISTRIBUTION OF PROPERTY.
Exempt personal property--Life insurance--Allowance to widow and
children--Descent and distribution--Personal property--Real
property--Dower--Curtesy--Widow's share not affected by will--Descent to
children--To parents--To wife and her heirs--Illegitimate children
inherit from mother--When they may inherit from father--When father may
inherit from child


CHAPTER IX.

HOMESTEAD AND EXEMPTIONS.
Homestead exempt--Family defined--Conveyance