Cunningham, Sarah Jane M.

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eGrove (Univ. of Mississippi)

Woman C.P.A. Volume 21 Issue 4 Article 5 6-1959 Proposed Equal Rights Amendment to the United States Constitution (Part III) Sarah Jane M. Cunningham Follow this and additional works at: https://egrove.olemiss.edu/wcpa  Part of the Accounting Commons, and the Women's Studies Commons Recommended Citation Cunningham, Sarah Jane M. (1959) "Proposed Equal Rights Amendment to the United States Constitution (Part III)," Woman C.P.A.: Vol. 21 : Iss. 4 , Article 5. Available at: https://egrove.olemiss.edu/wcpa/vol21/iss4/5 This Article is brought to you for free and open access by the Archival Digital Accounting Collection at eGrove. It has been accepted for inclusion in Woman C.P.A. by an authorized editor of eGrove. For more information, please contact egrove@olemiss.edu. THE PROPOSED EQUAL RIGHTS AMENDMENT TO THE UNITED STATES CONSTITUTION (part III)By SARAH JANE M. CUNNINGHAM, Lincoln, NebraskaContractual Powers of a Married WomanUnder the common laws, the legal exist­ence of the wife is merged by marriage in that of her husband. In general, the con­tracts of a married woman are void.Currently, in every State a married woman has had restored to her by statute many of the contractual powers that she lost under common-law rule by marriage, particularly in regard to property set apart to her as her separate legal estate.Currently the extent of a married wom­an’s contractual powers are briefly indi­cated in the following areas:a. Conveyance or real property to third person.1) In 25 States16 the wife may convey her real property as if she were un­married.2) In 15 States17 a married woman’s sole deed or conveyance transfers abso­lutely her rights and the rights of her representatives in her real estate, but has no effect on the husband’s interest in her lands, unless he joins in the deed or conveyance.3) In 8 states18 the husband must join with the wife in order to make a valid conveyance.b. Dower release and marriage settlement. In all States where common-law dower is retained or where there is a statutory substitute which attaches to property owned during the marriage, the wife may relinquish this interest in her hus­band’s land either by joining in a con­veyance with him or by her separate deed.1919. Alabama, Arkansas, Delaware, District of Columbia,Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Ken­tucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, NewJersey, New York, North Carolina, Ohio, Oregon, Rhode Island, South Carolina, Utah, Vermont, Vir­ginia, West Virginia, Wisconsin.16. Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Georgia, Idaho, Louisiana, Michi­gan, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, Washington, Wisconsin, Wyoming.17. Delaware, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, Oregon, Rhode Island, Virginia, West Virginia.18. Alabama, Florida, Indiana, Kentucky, North Carolina, Ohio, Pennsylvania, Texas.c. Transfers of personal property to third persons.1) In all jurisdictions except Georgia and Texas a married woman may transfer her personal property to third persons as if she were unmarried.2) In North Carolina contracts affecting personal property of the wife for more than 3 years must be in writing. d. Contracts between husband and wife.1) Husband and wife may contract freely with each other regarding both real and personal property in 18 States.202) In 7 States  transactions between husband and wife are subject to the general rules that control the actions of persons occupying confidential re­lations with each other.213) Five States  require that any trans­fer of personal property between the spouses must be by written instru­ment, and in some instances, ac­knowledged and filed for record.224) In the following States freedom of contract between husband and wife is limited:a) In Iowa husband and wife may not contract concerning any inchoate right each has in the property owned by the other.b) In Oregon they may not contract with each other to relinquish rights of curtesy and dower, yet each may appoint the other as at­torney in fact to bar dower or curtesy in his or her property.c) In Maine the wife is prohibited from entering into partnership agreement with her husband.d) In Minnesota spouses may not con­tract with each other concerning real estate.e) Contracts between husband and wife are apparently prohibited in Massachusetts and Vermont, al­though in the latter State they20. Arkansas, Colorado, Connecticut, Delaware, Florida, Idaho, Maryland, Michigan, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, South Carolina, Utah, Wisconsin.21. California, Montana, Nevada, New Mexico, Ohio, Okla­homa, South Dakota.22. Illinois, Kentucky, Mississippi, North Carolina, West Virginia.13may enter into a partnership agreement.f) No general statutory right of con­tracting with the husband appears to be given the wife in the remain­ing States.23e. General contracts.In a majority of the States a married woman of legal age may make contracts with third persons that do not concern her separate real property or the common property of herself and husband.f. Capacity to serve in positions of trust.1) A woman, married or not, has full capacity to serve in trust relation­ships, such as executor of a will, ad­ministrator of an estate, guardian, or trustee, by specific statutory provision in at least 20 States.242) Seven States25 consider a woman eligible for appointment as an ad­ministrator, but a male person equally entitled to serve will be preferred.3) In 8 States26 the marriage of a woman who is serving in a fiduciary capacity may affect her position.4) In 13 States27 the surviving spouse has a prior right to be appointed ad­ministrator of his or her deceased spouse’s estate.Earnings of a Married Woman.Under common law one of the duties im­posed on the wife by the marital relation is the duty to render service to her husband in return for his legal obligation to support her. This, together with the merger of the wife’s legal existence in that of her hus­band, prevents her from engaging in any trade or business on her separate account. Her earnings belong to him and are liable for his debts. He alone, has the right to bring suit to recover such earnings.a. Community-Property States.28In the eight community-property States23. Alabama, Arizona, District of Columbia, Indiana, Kan­sas, Louisiana, Tennessee, Texas, Virginia, Washing­ton, Wyoming.24. Arkansas, California, Connecticut, Florida, Georgia, Indiana, Iowa, Kentucky, Louisiana, Maine, Massa­chusetts, Missouri, Montana, New Jersey, North Da­kota, Ohio, Rhode Island, South Carolina, Vermont, Wyoming.25. District of Columbia, Idaho, Maryland, Montana, Ne­vada, Oklahoma, South Dakota.26. Delaware, Indiana, Nevada, New Hampshire, North Carolina, South Carolina, Utah, Virginia.27. Colorado, Idaho, New Mexico, North Carolina, Okla­homa, Oregon, South Carolina, South Dakota, Utah, Vermont, West Virginia, Wisconsin, Wyoming.28. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington.29. California, Florida, Nevada, Pennsylvania, Texas. the earnings of a wife from third per­sons for personal services rendered out­side the home become part of the community property. The husband has control and management of the wife’s earnings along with other common prop­erty, except in Idaho and Washington, where the wife is given the control and management.b. Common-law States.In all of the remaining States, there are statutes or court decisions which set apart to a wife as her separate property her earnings from third persons for per­sonal services, free from her husband, his creditors, and irrespective of his con­sent. These States give the wife control and management of her separate earn­ings, as well as the right to recover them in her own right.(Part IV will appear in the August issue)SHARING THE EDITOR’S MAILEqual PayOhio can now boast of having legislation that ends discrimination in salaries between sexes doing identical work. Mrs. Katherine B. Lance, president elect of the Toledo Chapter, was prominently identified with this legislation which was sponsored by the Ohio Federation of Business and Profes­sional Women’s Clubs. Mrs. Lance had the honor of witnessing Governor Michael V. DiSalle affix his signature to the measure, and was presented with the history making pen.Toledo Chapter #15CHANGES OF ADDRESSPlease note the following changes of ad­dress for chapter presidents:San Francisco — Miss Helen A. Dicker- son, 25 Buckingham Way, San Fran­cisco, CaliforniaTacoma — Mrs. Margaret F. Smith, C.P.A., 5920 Lake Steilacoom Avenue, S. W., Tacoma, WashingtonTampa Bay — Miss H. Jeanetta Hunse, C.P.A., 574 West Davis Boulevard, Tampa 6, Florida14

Proposed Equal Rights Amendment to the United States Constitution (Part III)

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Proposed Equal Rights Amendment to the United States Constitution (Part III)

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