482

HUSBAND AND WIFE. [ART. 51.

1872, c ?70
When wile to
bold and devise
property as
feme sole
12 Md 108, 14
Mil 258, 18Md.
485, 1'JMd 334,
3JS, 22 lid 258,
26 Md 1, S29 415,
442, 27 Md 6,
391, 666, 28 Md
436, 29 Md 28,
30 Md 247, 402,
31 Md 134 138,
411, 32 Md 16,
214, 33 Md 85,
35 Md. 188, 36
Md 38, 186, 266,
511, 37 Md 510,
38 Md 175, 529,
40 Md 387, 42
Md 140, 422 43
Md 569, 46 Md.
349, 47 Md 347
Deed
Life estate in
husband
Absolute estate.

When and how
married women
may be sued

20. The property acquired or owned, according to the provisions
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; or where the husband is a lunatic or insane, and has
been so found upon inquisition, and said finding remains unre-
versed and in force, she may convey the same as fully as if she were
a feme sole by her separate deed, whether the same be absolute or
by way of mortgage; provided, that if she die intestate 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 hus-
band shall have a life estate in her real property, and her personal
property shall vest in him absolutely; any married woman may be
sued jointly with her husband in any of the courts of this State, or
before any justice of the peace, on any note, hill of exchange, single
bill, bond, contract, or agreement which she may have executed
jointly with her husband, and may employ counsel and defend such
action or suit separately or jointly with her husband, and judgments
recovered in such cases shall be liens on the property of defendants,

Judgments

and may be collected by execution or attachment in the same man-

Executions

ner as if the defendants were not husband and wife; provided, that

Contracts by
married women

Art 45, s 3.
1853, c 249, s 3.
Trustee (or
married woman
not necessary
22 Md 71, 30
Md 147, 31 Md
134, 36 Md 361

Id s 4
1853, c 245, s 2
Having no trus-
tee may sue by
next friend
14 Md 258, 29
Md 507, 38 Md.
103

in all cases where a married woman has made such contract or
agreement as a, feme sole, under the twenty-third section of this arti-
cle, she may be proceeded against as therein provided
21. It shall not be necessary for a married woman to have a
trustee to secure to her the sole and separate use of her property,
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.
22. A married woman having no trustee, may by her next friend
sue in a court of law or equity in all cases for the recovery or se-
curity or protection of her property, as fully as if she were a feme
sole.

Id s 7
1842, c 293, s 8.
Proceeds of
labor of married
women pro-
tected
6 Md 58, 11 Md
486, 14 Md 258,
41 Md 2d

23. Any married woman who by her skill, industry or personal
labor shall earn any money, or other property, real, personal, or
mixed, to the value of one thousand dollars or less, over and above
her debts, shall hold the same and the fruits, increase and profits
thereof, to her sole and separate use, with power as a feme sole to
invest, and reinvest and sell, and dispose of the same; provided,

Liability.

that such money or property shall be liable for the payment of any
claim or debt incurred by such married woman, and be liable to be
proceeded against by attachment from the Circuit Court, or Superior
Court of Baltimore City, upon petition and proof of claim, according
to the circumstances of each case, or such property may be pro-
ceeded against in equity at the election of the creditor.

1862, c 9, 1868,
c 471, s 101
Husband's life

24, Any married woman, by herself and in her name, or in the
name of any third person, with his assent, as her trustee, may cause