2099. May insure husband's life. Any feme covert in her own name, or in the name of a trustee with his assent, may cause to be insured for any definite time the life of her husband, for her sole and separate use, and she may dispose of the interest in the same by will, notwithstanding her coverture.

2100. Separate savings; husband's liability for use of. The savings from the income of the separate estate of the wife are her separate property. But no husband who, during the coverture (the wife not being a free trader under this chapter), has received, without objection from his wife, the income of her separate estate, shall be liable to account for such receipt, for any greater time than the year next preceding the date of a summons issued against him in an action for such income, or next preceding her death.

Code, s. 1837; 1871-2, c. 193, s. 29.

2101. Liable for ante-nuptial debts. The liability of a feme sole for any debts owing, or contracts made or damages incurred by her before her marriage shall not be impaired or altered by such marriage.

Code, s. 1823; 1871-2, c. 193, s. 14.

II. RIGHTS AND LIABILITIES OF HUSBANDS.

2102. Tenant by the courtesy, when. Every man who hath married, or shall marry a woman, and by her have issue born alive, shall, after her death intestate as to the lands, tenements and hereditaments hereinafter mentioned, be entitled to an estate as tenant by the curtesy during his life, in all the lands, tenements and hereditaments whereof his said wife was beneficially seized in deed during the coverture, wherein the said issue was capable of inheriting, whether the said seizin was of a legal or of an equitable estate; except that when the wife shall have obtained a divorce a mensa et thoro, and shall not be living with her husband at her death, or when the husband shall have abandoned his wife, or shall have maliciously turned her out of doors, and they shall not be living together at her death; or if the husband shall have separated himself from his wife, and be living in adultery at her death, he shall not be tenant by the courtesy of her lands, tenements and hereditaments. Code, s. 1838; 1871-2, c. 193, s. 30.

2103. Party to action against wife; may defend. In all actions brought against a married woman, who is not a free trader (as) hereinafter provided for), the summons shall be served upon the husband also, and on motion to the court in which the action is

pending, he may be allowed, with her consent, to defend the same in her name and behalf, but no judgment shall be given against him, upon any liability claimed against her arising before the marriage or upon any contract made by her alone after her marriage. Code, s. 1824; 1871-2, c. 193, s. 15.

2104. Discharged from defense, when; pays cost. Whenever any husband shall be allowed to defend for his wife, he may be ordered to pay costs for any misconduct, and may be discharged from the conduct of her defense, if it shall appear to the court that his defense is not bona fide in her interest.

Code, s. 1825; 1871-2, c. 193, s. 16.

2105. Jointly liable for wife's torts. Every husband living with his wife shall be jointly liable with her for all damages accruing from any tort committed by her and for all costs and fines incurred in any criminal proceeding against her.

Code, s. 1833; 1871-2, c. 193, s. 25.

2106. Not liable for ante-nuptial debts. No man by marriage shall incur any liability for any debts owing, or contracts made, or for wrongs done by his wife before the marriage.

Code, s. 1822; 1871-2, c. 193, s. 13.

III. CONTRACTS BETWEEN HUSBAND AND WIFE.

2107. Void without approval of probating officer. No contract between a husband and wife made during coverture shall be valid to affect or change any part of the real estate of the wife, or the accruing income thereof, for a longer time than three years next ensuing the making of such contract, or to impair or change the body or capital of the personal estate of the wife, or the accruing income thereof, for a longer time than three years next ensuing the making of such contract, unless such contract shall be in writing, and be duly proved as is required for conveyances of land; and upon the examination of the wife separate and apart from her husband, as is now or may hereafter be required by law in the probate of deeds of femes covert, it shall appear to the satisfaction of such officer that the wife freely executed such contract, and freely consented thereto at the time of her separate examination, and that the same is not unreasonable or injurious to her. The certificate of the officer shall state his conclusions, and shall be conclusive of the facts. therein stated. But the same may be impeached for fraud as other judgments may be.

Code, s. 1835; 1871-2, c. 193, s. 27.

2108. When valid. Contracts between husband and wife not forbidden by the preceding section and not inconsistent with public policy are valid, and any persons of full age about to be married, and subject to the preceding section, any married persons may release and quitclaim dower, tenancy by the courtesy, and all other rights which they might respectively acquire or may have acquired by marriage in the property of each other; and such releases may be pleaded in bar of any action or proceeding for the recovery of the rights and estates so released.

Code, s. 1836; 1871-2, c. 193, s. 28.
Note. See also, ss. 963, 964.

IV. DIVORCE AND SEPARATION.

2109. Property rights after divorce a vinculo. When a marriage shall be dissolved a vinculo, the parties respectively, or when either party shall be convicted of the felonious slaying of the other or of being accessory before the fact of such felonious slaying the party so convicted shall thereby lose all his or her right to an estate by the curtesy, or dower, and all right to any year's provision or distributive share in the personal property of the other, and all right to administer on the estate of the other, and every right and estate in the real or personal estate of the other party, which by settlement before or after marriage was settled upon such party in consideration of the marriage only.

Code, s. 1843; 1871-2, c. 193, s. 42.

Note. See also, s. 7.

2110. Effects of elopement. If any married woman shall elope with an adulterer, or shall wilfully and without just cause abandon her husband and refuse to live with him, and shall not be living with her husband at his death, or if a divorce from bed and board be granted on the application of the husband, she shall thereby lose all right to dower in the lands and tenements of her husband, and also all right to a year's provision, and to a distributive share from the personal property of her husband, and all right to administration on his estate, and also all right and estate in the property of her husband, settled upon her upon the sole consideration of the marriage, before or after marriage; and such elopement may be pleaded in bar of any action, or proceeding, for the recovery of such rights and estates; and in case of such elopement, abandonment, or divorce, the husband may sell and convey his real estate as if he were unmarried, and the wife shall thereafter be barred of all claim and right of dower therein.

Code, s. 1844; 1893, c. 153, ss. 1, 2, 3; 1871-2, c. 193, s. 44.
Note. See also, ss. 7-9.

2111. Effect of husband living in adultery. If any husband shall separate from his wife and live in adultery, or shall wilfully and without just cause abandon his wife and refuse to live with her, and such conduct on his part is not condoned by her, or if a divorce from bed and board be granted on the application of the wife, he shall thereby lose all right to courtesy in the real property of the wife, and also all right and estate of whatever character in and to her personal property, as administrator, or otherwise; and also any right and estate in the property of the wife which may have been settled upon him solely in consideration of the marriage by any settlement before or after marriage, and in case of such adultery and abandonment or divorce, the wife may sell and convey her real property as if she were unmarried, and the husband, if there has been no condonation at the time of the conveyance, shall thereafter be barred of all claim and right to courtesy in such real property.

Code, s. 1845; 1893, c. 153, s. 4; 1871-2, c. 193, s. 45.

2112. How created. Every married woman of the age of twentyone years or upwards, with the consent of her husband, may become a free trader in the manner following:

1. By ante-nuptial contract, proved and registered, as hereinafter required; or,

2. By her and her husband signing a writing in the following or some equivalent form:

A. B., of the age of twenty-one years or upwards, wife of C. D., of... county, with his consent, testified by the signature hereto, enters herself as a free trader from the date of the registration hereof.

A. B.

C. D.

The said writing may be proved by the subscribing witness or acknowledged by the parties before any officer authorized to take the probate of deeds, and shall be filed and registered in the office of the register of deeds for the county in which the woman proposes to have her principal or only place of business.

Code, s. 1827; 1871-2, c. 193, ss. 18, 19.

2113. Dates from registration. From the time of the registration of the writing mentioned in the preceding section, the mar

ried woman therein mentioned shall be a free trader, and authorized to contract and deal as if she were a feme sole.

Code, s. 1828; 1871-2, c. 193, s. 20.

2114. Certified copy evidence. A copy of such writing, duly proved and registered and certified by the register of the county in which the same is registered, shall be admissible in evidence as certified copies of registered deeds are, or may be allowed to be. Code, s. 1829; 1871-2, c. 193, s. 21.

2115. How ended; publication. The right of a married woman to act as a free trader may be ended at any time by an entry by her, or by her attorney, in the margin of the registration of the writing above mentioned, to the effect that from the date of such marginal entry, she ceases so to act, and by publication to that effect weekly for three weeks in some newspaper published in the county in which she had her principal or only place of business, or if there shall be none so published, then in any other convenient newspaper. But such entry and publication shall not impair any liabilities incurred previously thereto, nor prevent such married woman from becoming liable afterwards to any person whom she may fraudulently induce to deal with her as a free trader. Code, s. 1830; 1871-2, c. 193, s. 22.

2116. Living separate from husband; husband idiot or lunatic. Every woman who shall be living separate from her husband, either under a judgment of divorce by a competent court, or under a deed of separation, executed by said husband and wife, and registered in the county in which she resides, or whose husband shall have been declared an idiot or a lunatic, shall be deemed and held, from the docketing of such judgment, or from the registration of such deed, or from the date of such idiocy or lunacy and during its continuance, a free trader, and shall have power to convey her personal estate and her real estate without the assent of her husband.

Code, s. 1831; 1871-2, c. 193, s. 23; 1880, c. 35.

2117. Abandoned by husband. Every woman whose husband shall abandon her, or shall maliciously turn her out of doors, shall be deemed a free trader, so far as to be competent to contract and be contracted with, and to bind her separate property, but the liability of her husband for her reasonable support shall not thereby be impaired, and she shall have power to convey her personal estate and her real estate without the assent of her husband. Code, s. 1832; 1871-2, c. 193, s. 24.

2118. Persons trading without disclosing interest; married woman declared free trader; burden of proof. If any person or