coverture

coverture (k[schwa]v-[schwa]r-ch[schwa]r also -tyoor), n. Archaic. The condition of being a married woman (under former law, a woman under coverture was allowed to sue only through the personality of her husband). See feme covert under FEME. [Cases: Husband and Wife 55.] — covert (k[schwa]v-[schwa]rt), adj.

“Coverture, is a french word signifying any thing that covereth, as apparell, a coverlet …. It is particularly applied in our common lawe, to the estate and condition of a maried woman, who by the lawes of our realme, is in (po-testate viri) and therefore disabled to contract with any, to the preiudice of her selfe or her husband, without his consent and privity; or at the least, without his allowance and confirmation.” John Cowell, The Interpreter (1607).

“Coverture is by law applied to the state and condition of a married woman, who is sub potestati viri, (under the power of her husband) and therefore unable to contract with any to the damage of herself or husband, without his consent and privity, or his allowance and confirmation thereof. When a woman is married she is called a Femme couvert, and whatever is done concerning her during marriage is said to be done during coverture.” The Pocket Lawyer and Family Conveyancer 96 (3d ed. 1833).


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