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Fifty years ago the legal injustice imposed upon women was appalling. Wives, widows and mothers seemed to have been hunted out by the law on purpose to see in how many ways they could be wronged and made helpless. A wife by her marriage lost all right to any personal property she might have. The income of her land went to her husband, so that she was made absolutely penniless. If a woman earned a dollar by scrubbing, her husband had a right to take the dollar and go and get drunk with it and beat her afterwards. It was his dollar. If a woman wrote a book the copyright of the same belonged to her husband and not to her. The law counted out in many states how many cups and saucers, spoons and knives and chairs a widow might have when her husband died. I have seen many a widow who took the cups she had bought before she was married and bought them again after her husband died, so as to have them legally. The law gave no right to a married woman to any legal existence at all. Her legal existence was suspended during marriage. She could neither sue nor be sued. If she had a child born alive the law gave her husband the use of all her real estate as long as he should live, and called it by the pleasant name of 'the estate by courtesy.' When the husband died the law gave the widow the use of one-third of the real estate belonging to him, and it was called the 'widow's encumbrance.'

Lucy Stone#30

RightsHistoryJusticeLawMarriageProperty

About this quote

What does it mean?
Stone details specific legal injustices against women, such as loss of property rights and control over earnings upon marriage.
In plain terms
Laws stripped women of property and earnings once they married.
What can you take from it?
Legal systems historically dispossessed wives.

Where it applies

  • legal research
  • social history
  • advocacy

Putting it to work

  • study legal history
  • support economic independence

Questions to consider

  • What rights are currently contested?
  • How do laws shape economic power?

Another view

The examples reflect specific state laws which varied in degree and enforcement.

More from Lucy Stone

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  3. The first woman minister, Antoinette Brown, had to meet ridicule and opposition that can hardly be conceived to-day. Now there are women ministers, east and we…

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