A discretionary amount may be assigned by the Probate Court to the widow for the support of herself and minor children and takes precedence of the debts of the deceased. The old law took this allowance out of the personal estate only, and often the widow was not able to receive the immediate assistance she needed, because the property was all in the form of real estate. The new law permits the real estate to be used if necessary. It also gives $100 to a minor child for his immediate necessities, if there is no widow; the old law gave $50. The new law permits the widow to remain in her husband's house for six months after his death. The old law gave her only forty days.
A married woman has full control of her separate property, and can dispose of her real estate subject only to the husband's interests. If she has been deserted or if the court has decreed that she is living apart from him for justifiable cause, she can by will or deed dispose of all her real and personal estate as if unmarried. The husband can do the same.
A married woman can be executor, administrator, guardian or trustee. She may make contracts with any one except her husband; may sue and be sued, carry on business in her own name, by complying with the legal requirements; control and invest her earnings and enter into partnerships. She is responsible for her contracts and debts and her property may be held for them. The husband is not liable on any judgments recovered against the wife alone, and her separate property is not liable on any judgment or execution against the husband. Suits between husband and wife are not allowed except for divorce.
The father is the legal guardian of the persons and estates of minor children; he has power to dispose of them during the lifetime of the mother and may appoint a guardian at his death.[325]
For non-support of wife and minor children the husband may be fined not exceeding $20 or imprisoned in the house of correction not exceeding six months. At the discretion of the court the fine is paid in whole or part to the town, city, society or person actually supporting such wife and children. (1893.)
The "age of protection" for girls was raised from 10 to 13 years in 1886; to 14 in 1888; to 16 in 1893. The penalty is imprisonment in the State prison for life or for any term of years, or for any term in any other penal institution in the commonwealth. This may be one day in the city jail.
Among various laws passed in the interests of women was one in 1895 making army nurses eligible to receive State aid. One of 1896 requires the State to inter the wife or widow of an honorably discharged soldier, sailor or marine who served during the Civil War, if she did not leave sufficient means for funeral expenses, provided she was married prior to 1870. In 1900 it was enacted that the State should perform a similar service for the mothers of said soldiers, sailors or marines, and that this should not be with the pauper dead, in either case.
Massachusetts has detailed laws regarding the employment of women, among them one restricting the hours of work in any mercantile establishment to fifty-eight in a week, except in retail stores during the month of December. Ten hours is a legal workday for women in general.
Separate houses of detention are required for women prisoners in cities of over 30,000.[326]
Suffrage: The original charter of Massachusetts in 1691 did not exclude women from voting. In 1780 the first constitution prohibited them from voting except for certain officers. The new constitution of 1820 limited the suffrage strictly to males.