ART. 45.] HUSBAND AND WIFE. 325

ARTICLE XLV.
Husband and Wife.

SEC. 1. The property, real and personal, belonging to a woman
at the time of her marriage, and all property which she may
acquire or receive after her marriage, by purchase, gift, grant,
devise, bequest, or in a course of distribution, shall be protected
from the debts of the husband, and not in any way liable for the
payment thereof; Provided, that no acquisition of property
passing to the wife from the husband after coverture shall be
valid if the same has been made or granted to her in prejudice
of the rights of his subsisting creditors.

2. The property acquired or owned according to the provi-
sions of the preceding section, by a married woman, she shall
hold for her separate use, with power of devising the same as
fully as if she were a feme sole, or she may convey the same
by a joint deed with her husband; Provided, that if she die in-
testate, and leaving children, her husband shall have a life estate
in her property, real and personal, but if she die intestate,
leaving no children, her husband shall have a life estate in her
real property, and her personal property shall vest in him ab-
solutely.

3. It shall not be necessary for a married woman to have a
trustee to secure to her the sole and separate use of her pro-
perty, but if she desires it, she may make a trustee by deed, her
husband joining in the deed, or she may apply to a court of
equity and have a trustee appointed, in which appointment the
uses and trusts for which the trustee holds the property shall be
declared.

4. A married woman having no trustee, may by her next
friend sue in a court of law or equity in all cases for the re-
covery, or security or protection of her property, as fully as if
she were a feme sole.

5. A widow shall be entitled to dower in lands held by equit-
able title in the husband—but such right of dower shall not