Baron and Feme. A Treatise of the Common Law Concerning Husbands and Wives. London, 1700, reproduced in Carol Berkin and Leslie Horowitz, eds., Women’s Lives, Women’s Voices: Documents in Early American History. Boston: Northeastern University Press, 1998, 54-55. |
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Introduction: There were practical exceptions to the ideal of coverture, as explained in this tract, which pointed out that there were situations in which it made sense to treat women as individuals with free will. In particular, the courts might seek a separate interview with a woman to determine her agreement with her husband’s decision to sell property; a married woman had a legal right to a portion of her husband’s estate if widowed. This dower right entitled her to the widow’s “thirds,” which courts tried to protect. For definitions of unfamiliar terms please see our glossary. |
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