“While the law dealt thus with her in regard to her property, it dealt still more hardly with her in regard to her children. No married mother could have any right to her child, and in most of the states of the Union that is the law to-day. But the law's in regard to the personal and property rights of women have been greatly changed and improved, and we are very grateful to the men who have done it.”

—  Lucy Stone

The Progress of Fifty Years (1893)

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Lucy Stone 34
American abolitionist and suffragist 1818–1893

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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."”

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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."
The Progress of Fifty Years (1893)

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