Coverture
Summary
Common-law term for the legal status of a married woman. “By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection, and cover, she performs every thing.” In civil practice, her being is merged with that of her husband for many purposes. For example, she may not enter into contracts or lawsuits without his consent, either express or implied, or bear testimony in court. The judge may make limited exceptions, such as giving her the right to contract for a benefit to prevent hardship. Also, if her husband has coerced her to commit a crime, she may be exempt from punishment.
Links
papers
- Deed to Caroline Grant Smith, 11 December 1836
- Introduction to Butterfield v. Mills
- Introduction to City of Nauvoo v. W. Thompson
- Introduction to Dana v. Brink
- Introduction to JS Guardian of Maria Lawrence et al., Babbitt Guardian of James Lawrence et al. v. William Law et al., and Maria Lawrence et al. v. Coolidge Administrator of the Estate of JS
- Introduction to Moffet Administrator of the Estate of JS
- Letter from Emma Smith, 3 May 1837
- Trial Report, 4–22 March 1843 [ Dana v. Brink ]
- Warrant, 2 August 1842–A [ City of Nauvoo v. W. Thompson ]