himself." Their covenants or indebtedness to each other before marriage are by the marriage extinguished (Blackstone, I., 442; Coke Litt., 3, 30; 112 a; 187 b; Connyn. Dig. Baron and Feme, D).
The husband may devise any property to his wife, but the wife cannot make a will, the law supposing her to be under his coercion; neither can she bind her person or property, nor make nor enforce a contract, nor can she be a witness in any matter in which her husband is interested (Blackstone, II., 293, 498, 444; 2 Kent, 179; Bouv. Insts., 1,441; Connyn. Dig. Pleader, 2 A, 1; Baron and Feme, W; 2 Roper, Husband and Wife, 171).
A wife, with the consent of her husband, may act as his or other's attorney, may be a guardian, trustee, administratrix or executrix, but cannot sue in auter droit unless her husband join in the suit. This incapacitates her to act independently in either capacity (Blackstone, II., 503; I Anders., 117; 2 Story, Eq. Juris., 1,367, note; 57 Penn. St. Rep., 356).
A wife cannot enforce her rights nor defend any action brought against her, but must plead coverture in person, being incapable of appointing an attorney (Bouv. Insts., 2,787, 2,907; 41 N. H., 106; 2 Saund., 209; c. n. 1).
When a woman marries after having commenced a suit, the suit abates; but the husband may in equity sue her for his marital rights in her property; marriage of a female partner dissolves the partnership (Bouv. Insts., 4,037, 1,494; 4 Russ. Ch., 247; 3 Atk. Ch., 478; 2 P. Will Ch., 243).
The father of legitimate children is bound for their maintenance and education, is entitled to their labor and custody and has power to dispose of them until] twenty-one years of age, by deed or legacy, even though they are unborn at his death. The testamentary guardian's right to their custody supersedes that of their mother (Bl., I., 447, 451, 453; 2 Kent, 191 and 193; Bouv. Insts., 344; 5 Rawle, 323; 2 Watts, 406; 5 East, 221; Purd. Dig., New Ed., 411, 29; 5 Pitts, L. J., 406; I Pitts, 412).
"A mother is entitled to no power, but to reverence and respect, from her children"; she has no legal authority over them nor right to their services, but her property is liable for their maintenance if the father has not an estate. The mother's appointment of a testamentary guardian is absolutely void (BI., I., 453 and 461, note by Chitty; Vaughan, 180; I Leg. Gaz. R., 56).
The mother of a "natural or illegitimate" child is its natural guardian, entitled to its control and custody and her settlement is its domicil (BI., I., 459; 2 Kent, 216; 5 Term Rep., 278; Newton vs. Braintree, 14 Mass., 382).
"Intestate personal, property is divided equally between males and females, but a son, though younger than all his sisters, is the heir to the whole of real property" (BI., 1., 444, note by Christian).
Pennsylvania Statutes And Court Decisions.
This "perfection of reason" (the common law) has been changed in Pennsylvania in the following particulars:
All women, married and single, are deprived of political rights by the use of the generic word "freeman" in the constitution (29 Legal Intelligencer, §).
Heir at common law is abolished by statute; however, the right to administer vests in the male in preference to the female of the same degree of consanguinity. Halfbrothers are entitled to the preference over own sisters (Purdon, 410, 27; Single's Appeal, 59 Penn. St. R., 55).
Any property belonging to a woman before marriage, or which accrues to her during coverture by gift, bequest or purchase, continues, by the act of April 11, 1848, to be her separate property after marriage, and is not liable for the debts of her husband nor subject to his disposal without her written consent, duly acknowledged before one of the judges of the Court of Common Pleas as voluntarily given; provided, that he is not liable for the debts contracted before or after marriage, or for her torts (Purdon's Dig., 1,005, 13).