In the third place, in connection with the second question, "Do spouses have an equal interest in each other's real estate?" some further elaboration has been given to the question of the right of the surviving spouse to dissent from the will of the deceased, and the question of the right to the homestead has likewise been included. In the fourth place, with reference to the discussion of marriage, reliance has been placed on the two publications: Richmond and Hall, Marriage and the State, and Geoffrey May, Marriage Laws and Decisions in the United States. These were published before the legis latures of 1929 had met and the session laws of that year have of course been consulted, so that where Richmond and Hall and May are cited it means that reliance is placed on the statement and that there has been no amendment since their publication. With reference to the form in which the material is now cast, it may be said that the object of the survey was stated in Miss Dunshee's foreword to the first edition as being "to enable the committee to place in the hands of the State officers suggestions concerning legislation needed in their own States." It seems to Mrs. Simons and to me that this object may perhaps be equally well accomplished if the material is now published by States rather than by topics or by questions as was done before and that plan is now being followed. In order to do this, however, Mrs. Simons has summarized the material somewhat more fully than was done before. It should also be said that the statements for each State have been referred to the State member of the committee in any State in which there is a member, and in a number of cases the State member has called in the assistance of another able and experienced lawyer. No attempt was made to supplement the legislation by reference to judicial decisions. When, however, the State members have reviewed the statements, they have in a number of cases felt it essential that judicial decisions should be cited. In those cases, then, in which the statements with reference to the States are largely based upon judicial decisions as, for example, Georgia, Massachusetts, Michigan, and New York, it is understood that the editor is under great obligation to the State members. It is hoped that those who have contributed to the accuracy and comprehensiveness of this survey will realize the gratitude their services have elicited. It is, in fact, a great satisfaction to realize that in attempting to examine the material comparatively the reader may feel that the statement is reasonably accurate. It is hoped that the new edition will prove as serviceable as the original. One could not wish for it a better fate. -Sophonisba P. Breckinridge, Chairman, March 10, 1930. D.-SUPPLEMENTARY INFORMATION ON STATE LAWS Additional research has not been practicable for the period between January 1, 1938, and the closing date for publication of this report. However, important legislative changes that have come to the attention of the Women's Bureau during that time either have been noted in the State report or are indicated in the following supplement by topical key number and by State. Topic 1: Minnesota-The age of majority is 21 years for both sexes (1937 Laws, p. 646). This is a correction of Bulletin 157-22.-Ed. Topic 10: Oklahoma-A community system of property ownership may be adopted by husband and wife under their written agreement, recorded as required by statute (1939 Laws, p. 356). Topic 14: Mississippi-A person survived by a spouse or descendant may not by will dispose of more than one-third of his property to charitable, religious, educational, or civil institutions (1940 Laws, p. 576). Topic 15: Florida-The childless widow of a man who dies, with or without a will, leaving issue of a previous marriage, takes as her dower only a child's part in the estate. A widow's dower is made subject to its proportionate share of estate debts and charges (1939 Laws, p. 16). Topic 19: New Jersey-Common-law marriages are void if contracted on or after December 1, 1939 (1939 Laws, p. 624). Topic 20: Refer to this key number under summary of all States for data on new legislation to December 1, 1940. (See p. 59.) Topic 28: Wisconsin-Each parent of an illegitimate child under 18 years of age is criminally liable for his or her willful failure or refusal to support as prescribed by statute (1939 Statutes, Sec. 351.30). Topic 32: Delaware-Women may be excused from jury duty on request properly made (1923 Laws, p. 679. Omitted from 1935 Revised Code, but not repealed). Topic 32: Montana-Women are eligible for all jury service on the same terms as men (1939 Laws, pp. 691, 692). Topic 32: Montana-Women are eligible for all jury service on the same terms as men (1939 Supp., secs. 8890-8895). Topic 32: New York-Women are eligible for grand jury duty after April 7, 1938 (1938 Laws, p. 1526). |