East were incorporated into her statutes. Failing to lift married women into any solid position of independence, the laws yet gave them certain protective rights concerning the redemption of lands sold for taxes, and the right to dispose of any estate less than a fee without the husband's consent. In case of divorce the wife was entitled to her personal estate, dower and alimony, and with the consent of her husband she could devise her real estate. She was entitled to dower in any lands of which the husband was seized during marriage. Gen. A. W. Randall was active in making the first digest and compilation of the laws of Wisconsin.
The legislature of 1850 was composed of notably intelligent men. Nelson Dewey was governor, Moses M. Strong, a leading lawyer, speaker of the Assembly, and the late Col. Samuel W. Beal, lieutenant-governor. Early in the session a bill was introduced, entitled "An act to provide for the protection of married women in the enjoyment of their own property," which provoked a stormy debate. Some saw the dissolution of marriage ties in the destruction of the old common-law doctrine that "husband and wife are one, and that one the husband"; while arguments were made in its favor by Hon. David Noggle, George Crasey, and others. Conservative judges held that the right to own property did not entitle married women to convey it; therefore in 1858 the law was amended, giving further security to the wife to transact business in her own name, if her husband was profligate and failed to support her; but not until 1872 did the law protect a married woman in her right to transact business, make contracts, possess her separate earnings, and sue and be sued in her own name. The legislature of 1878 reënacted all the former laws; and married women may now hold, convey and devise real estate; make contracts and transact business in their own names; and join with their husbands in a deed, without being personally liable in the covenants. In the matter of homesteads, the husband cannot convey or encumber without the signature of the wife, and thus a liberal provision is always secure for her and the children.
By the law of 1878, if the husband dies leaving no children and no will, his entire estate descends to his widow.[1]If the owner of a homestead dies intestate and without children, the homestead descends, free of judgments and claims—except mortgages and mechanics' liens—to his widow; if he leaves children, the widow retains a life interest in the homestead, continuing until her marriage or death.
Thus from the organization of the State, Wisconsin has steadily advanced in relieving married women from the disabilities of the old common law. The same liberal spirit which has animated her legislators has admitted women to equality of opportunities in the State University at Madison; elected them as county superintendents of public schools; appointed them on the State board of charities, and as State commissioners
- ↑ During a visit with my school-friend, Mrs. Elizabeth Ford Proudfit, at Madison, in 1879, I heard a great deal said of the injustice of this law as illustrated in two notable cases of widows in the enjoyment of their husbands' entire estates, while the dead men's relatives, many of them, were living in poverty. This was most shocking! though widowers, from time immemorial, have possessed the life-earnings and inheritance of their wives, while the dead women's mothers and sisters were starving and freezing within sight of the luxurious homes that rightfully belonged to them! It makes a mighty odds whose ox is gored—the widower's or the widow's!—[S. B. A.
