Carole Shammas is Professor of Women's Studies and History at the University of California-Riverside. She is the author of The Preindustrial Consumer in England and America and with Marylynn Salmon and Michel Dahlin, Inheritance in America, Colonial Times to the Present.
1. For the United States, see Joan Hoff, Law, Gender, and Injustice: A Legal History of U.S. Women (New York: New York University Press, 1991), 127-135; for Great Britain, see Lee Holcombe, Wives and Property: Reform of the Married Women's Property Law in Nineteenth Century England (Toronto: University of Toronto Press, 1983), and Mary Lyndon Shanley, Feminism, Marriage, and the Law in Victorian England 1850-1895 (Princeton: Princeton University Press, 1989); and for Canada, see Constance B. Backhouse, "Married Women's Property Law in Nineteenth-Century Canada," Law and History Review 6, no. 2 (1988), 211-257.
2. See Anon., The Laws Respecting Women (London, 1777); Marylynn Salmon, Women and the Law of Property in Early America (Chapel Hill: University of North Carolina Press, 1986); and Carole Shammas, Marylynn Salmon, and Michel Dahlin, Inheritance in America: From Colonial Times to the Present (New Brunswick: Rutgers University Press, 1987), Chapter 1.
3. The Roman law tradition allowed a married women to administer lineage properties not part of her dowry. In some areas of France, brides also had the option of retaining the right to administer their dowry property, if they wrote it into their marriage contracts. See Barbara Diefendorf, "Women and Property in Old Regime France: Theory and Practice in Dauphine and Paris," unpublished paper, 1990.
4. Maria L. Cioni, Women and Law in Elizabethan England with Particular Reference to the Court of Chancery (New York: Garland, 1985) discusses the emergence of equity jurisprudence in England. Shammas et al., Inheritance in America, 23-30, deals with the effects of the legislation. Susan Staves' Married Women's Separate Property in England, 1660-1833 (Cambridge: Harvard University Press, 1990), Chapters Two and Three, review the shrinkage of dower rights in England through judicial decisions and legislation.
5. Salmon, Women and the Law of Property in Early America, Chapter Five.
6. Hoff, Law, Gender, and Injustice, 127-135, and Appendix One, and Richard H. Chused, "Married Women's Property Law: 1800-1850," Georgetown Law Journal 71 (June, 1983): 1359-1424.
7. Shammas et al., Inheritance in America, 83-88, 252-258.
8. The textbook with the reference to married women's property acts in the index is Mary Beth Norton et al., A People and a Nation (Boston: Houghton Mifflin, 1988). The other texts surveyed were Paul S. Boyer et al. The Enduring Vision: A History of the American People (Lexington, Mass.: Heath, 1990); Winthrop D. Jordan et al. The United States: Conquering a Continent (Englewood Cliffs, N.J.: Prentice Hall, 1987); Thomas A. Bailey and David M. Kennedy, The American Pageant (Lexington, Mass.: Heath, 1987); James West Davidson et al., Nation of Nations (New York: McGraw Hill, 1990); Robert Kelley, The Shaping of the American Past (Englewood Cliffs, N.J.: Prentice Hall, 1990); James A. Henretta et al., America's History (Chicago: Dorsey Press, 1987).
9. Mary Ritter Beard, Women as a Force in History (New York: Macmillan, 1946), v, 113-121, 155-169.
10. Salmon, Women and the Law of Property.
11. Richard H. Chused, "Married Women's Property and Inheritance by Widows in Massachusetts: A Study of Wills Probated Between 1800 and 1850," Berkeley Women's Law Journal 2 (Fall, 1986): 51.
12. Marylynn Salmon, "Republican Sentiment, Economic Change, and the Property Rights of Women in American Law," in Women in the Age of the American Revolution, eds. Ronald Hoffman and Peter J. Albert (Charlottesville: University Press of Virginia, 1989), 458.
13. Salmon, Women and the Law of Property, 88; Ibid., "Women and Property in South Carolina: The Evidence from Marriage Settlements, 1730 to 1830," William and Mary Quarterly 39, no. 4 (1982): 655-685; Suzanne Lebsock, The Free Women of Petersburg: Status and Culture in a Southern Town 1784-1860 (New York: Norton, 1985), 54-86; Chused, "Married Women's Property Law: 1800-1850": 1379; and Norma Basch, In the Eyes of the Law: Women, Marriage, and Property in Nineteenth Century...