A. There is no difficulty in conveying a title to the wife as against any but the creditors of the giver. To secure it against the latter, we think a deed of trust or deed of settlement upon the wife, must be legally executed. This can be readily done if the giver is at the time solvent beyond any reasonable question.

4. Can a husband be held responsible for debts incurred by a firm in which his wife has an interest, if said firm should fail ?

A. The statute of New York allows the wife to carry on business in her own name and declares that no bargain or contract entered into by a married woman in pursuance of this right, "shall be binding upon her husband or render him or his property in any way liable therefor.”

5. Is the husband legally responsible for the debts of his wife, which were incurred by her before their marriage?

A. By the law of this State a suit may be brought against the husband and wife jointly for any debt of the wife contracted before marriage, but neither he nor his property (except such as he may have acquired from her through such marriage) can be held liable either for the debt or the costs of suit.

6. Is a mortgage or a deed made by a husband to his wife as valid as if made to a third party, provided she has paid him its value?

A.

If a wife has a separate estate from which the purchase money is paid, the husband's deed or other conveyance to her is good in this State against all the world beside. If her separate estate, however, originally came from the husband himself, it seems that creditors might question the conveyance. (Savage v. O'Neil, 44 N. Y., 298.)

7. Can a man's life insurance policy drawn in favor of his wife be attached for debt of the husband before or after his death?

A. In this State, unless the annual payment to maintain the insurance amounts to more than $500, and is made out of the husband's property, the policy is not liable for any claims against the husband or his estate. In case the premium exceeds $500 per annum only the excess can be claimed by the creditors.

I would like to

8. I bought a house owned by a married woman. ask you is it sufficient if she signs the deed, or is it law and necessary that the husband must also sign it?

Is the law the same in such a case as if a married man sells property, that he must have his wife to sign the deed also before he can give a good title?

A. If possessed of real property as separate estate, a married woman may convey or contract in reference to it the same as unmarried, and her covenants for title, if broken, bind her separate estate. (Laws of 1860, chap. 90, sec. 3, as amended by chap. 172, laws of 1862.) The husband's signature to the deed is in this State, therefore, unnecessary, our progressive New York State laws having in this respect given married women the advantage of married men. To avoid all dispute as to the absolute title to the separate estate, however, it is quite as well for the husband to join in the conveyance if he does not object.

9. A husband has his wife sign note in blank payable to himself, and fills it up afterward, writing on face of said note "I hereby charge my separate estate for the payment of this note," the wife not knowing the amount or anything further in regard to its being a charge on her separate estate. Is the wife holden for said note, or is it valueless to holder ?

A. In the hands of a holder for value, the note would be good against the wife's separate estate. When she signed she must have intended her signature to have this effect; and one who signs a note in blank is just as responsible for it to an innocent holder as if the writing preceded the signature.

10. A and B own a piece of property against which C (B's wife) holds a mortgage for $10,000, and D an additional one of $1,500 against A's share. A being unable to make payment of the latter, B buys his share of the property for $9,000, by agreeing to assume his mortgages, and to give him a bond and mortgage in return for the balance, $2,500. A being administrator, must apply for an order to sell, and to save time and expense B's attorney forecloses (per agreement) the $1,500 mortgage and buys in A's share for B for $6,500. B receives his deed, and gives A his mortgage for $2,500 as above mentioned, claiming that it is not necessary for his wife to sign, it being a purchase-money mortgage. Is he justified in doing so? Can this be called a purchase-money mortgage? Can a married man convey away any part of his property without the knowledge and consent of his wife? Would it make the mortgage any safer if she signed?

A. The mortgage would be more acceptable if signed by B's wife, because that would prevent any dispute from arising on the question. It appears to be a purchase money mortgage, but in

order to come within the provisions of the statute, it must have been executed at the same time with the deed. With the exception of a mortgage for purchase-money, or the conveyance of an estate the title of which rests only for an instant and for a specific purpose in the grantor, we do not recall any other case where a conveyance by a married man, in his own right, will bar his wife of her right of dower, without her consent.

11. A sold Ba lot in one of the cities of Florida for $2,000 and gave warranty deed. He received $500 cash, and mortgage on the property for balance. B's wife did not join in the mortgage, nor was she made a party thereto. Has she any dower rights in the property until such mortgage is paid? Or, does said mortgage cover the whole property without her being made a party, it being given for "purchase-money," though not so stated in the mortgage?

A. The rule prevalent in many of the States that the vendor's lien for purchase money upon the land sold and mortgaged is superior to any rights which may be acquired by any of the heirs or privies of the purchaser, and so superior to the wife's right of dower, was adopted by the Supreme Court of Florida, in the case of Bradford v. Marvin, 2 Fla., 463, and that decision appears to be still the law. That being the case, the wife obtains no dower until the purchase-money mortgage is first satisfied.

The in

12. A loans B $1,400 on a first mortgage. B's wife also signs the mortgage but not the bond. B dies intestate, leaving a son. terest not being paid when due A institutes foreclosure proceedings, and the property will be sold. Can A, if the sale should not realize the amount of the mortgage, lay claim to a store which the widow has commenced?

A. If the store is paid for out of the property belonging to the estate, it is subject to the claim of the mortgagee on the unsatisfied bond.

13. If a married woman indorses her husband's note, can we not hold her for the amount if he fails to pay? If no, then would she be holden if she signed a note jointly with him?

A. In this State a married woman may bind her separate estate, either as a maker or indorser, if with her signature she states this.

14. CONN.-Can, in the State of Connecticut, a wife legally execute

a bill of sale on her own individual property (personal or real) without knowledge or consent of her husband?

A. Where the marriage has taken place since April 20, 1877, a married woman in Connecticut may convey her real or personal property without her husband's consent the same as if she were unmarried. If the marriage took place before that date the husband must join in the wife's deed.

15. MASS.-Can a married woman always residing in Massachusetts dispose of her real estate without her husband signing the deed with her?

A. In Massachusetts a married woman can deal with and convey her separate property, real or personal, the same as if she were single.

16. N. J.-We are doing business with a house in New Jersey. At the present time the said house is going through bankruptcy, and business is now conducted in the name of the wife, under the style of "L. & Co." L. wants to increase his line of credit, and proposes to secure us by giving a five thousand dollar judgment note of his wife on free and clear Pennsylvania lands. L. says he would not be able to sign a mortgage with Mrs. L. until he gets his old matters settled. Supposing the land to be of value, would this form be of sufficient security?

A. Neither the laws of New Jersey, where this married woman resides, nor the laws of Pennsylvania, where the land is situated, allow her to create a lien on real estate without the signature of her husband.

17. N. J.-Can a wife devise real estate by will in the state of New Jersey, and if not, who would inherit said real estate on her decease, provided her husband survived her, no children having been born to them?

A. Married women in New Jersey may devise their separate estate the same as if they were single, except that they cannot cut off the husband's right as tenant by courtesy where that exists. In the above case the husband has no interest whatever in the wife's real estate, and in default of a disposition by will it would descend to her heirs at law, who are, there being no children, her brothers and sisters, father and mother, etc., in the order named.

18. Va.-A, who is a trustee for an unmarried woman, loans money to B, a trustee for the woman, and takes a deed of trust on real estate;

before the return of the money by B the unmarried woman gets married. Would it be necessary for her husband to join with the trustee and the woman in the release deed?

A. By an act of the Virginia legislature passed in 1877, it is made necessary for the husband to join with the wife in any contract in reference to her real or personal property. Both should therefore execute the release with the trustee.

INFANTS.

1. Will you please inform me at what age a young lady attains her majority, and oblige.

A. Except where the common law rule has been changed by statute, the age of majority for both males and females is 21. The New York statutes validate certain acts done by persons under that age, but the general rule is unchanged. An unmarried female of sound mind may make a will at 16, and a male at 18, in this state (N. Y.).

2. Is a minor, doing business in his own name, responsible for damage done through the negligence of his employees, and if not can he be held responsible after he becomes of age for damage so done during his minority?

A. If a minor is in business and represents himself to be of age when he is not, he will do well not to put in the plea of minority to escape the legal consequences of his assumed position. "Infancy," as the condition of a minor is legally termed, is no defense to an action not dependent upon contract. A minor must answer for damages consequent upon his acts, the same as if he were of age.

3. Can a minor be legally given the power of attorney to sign and endorse checks and bills of lading?

A. If the principal is of age, the attorney. being duly authorized, can bind him by his signature precisely as if he was not himself an infant.

4. If a note is signed by a minor, to be paid when he is of age, can it be collected of him or his father? The minor has received no value whatever and has been led to sign the note under false representations.

A. Payment of a note given under such circumstances can