Paraphernalia

Apparel and ornaments of a wife, suitable to her rank and degree.

2 Bla. Com. 455.

Those goods which a wife could bequeath by her testament.

2 Poll. & Maitl. 427.

It is property brought to the marriage by one of the spouses. There can be no such thing as paraphernal property prior to marriage; Le Bocuf v. Melancon, 131 La. 148, 39 South. 102. These are subject to the control of the husband during his lifetime; 3 Atk. 394; blit go to the wife upon his death, in preference to all other representatives; Cm. Car. 343; and cannot be devised away by the husband; Noy, Max. They are liable to be sold to pay debts on a failure of assets; 1 P. Wins. 750.

See, also, 2 Atk. 042; 11 Vin. Abr. 175.

While a married woman may acquire title to articles of apparel by gift from her husband, yet her mere use and enjoyment of such articles purchased by her husband does not give title thereto as her separate property; Slate v. Pitts, 12 S. C. ISO, 52 Am. Rep. 508.

See, also, Pratt v. State, 33 Ohio St. 514, 35 Am. Rep. 017.

The wearing apparel purchased by a married woman after her marriage, with her husband’s money, or upon his credit, belongs to him as against her creditors; Smith v. A hair, 87 Mich. 02, 49 N. W. 509. In New York, by statute, a married woman may sue in her own name for injury to her paraphernalia; Rawson v. U. Co., 48 N. Y. 212, 8 Am. Rep. 543; but in the absence of proof of a gift to her, the husband can sue; Curtis v. R. Co., 74 N. Y. 110, 30 Am. Rep. 271. In some states, the paraphernalia of a wife is protected by statute (in Georgia by name, and in Rhode Island and Colorado by description). The articles covered by one or more of the statutes are: wearing apparel of the wife ami such ornaments, jewelry, silver, table ware, plate, and such articles of property as have been given to her for her own use and comfort. In Louisiana the property not declared t^o he brought in marriage by the wife, or given to her in consideration of the marriage, is paraphernalia, and she has a right to administer it without the assistance of her husband; hut as to any which is administered by her husband without her opposition, he is accountable for it.

See Married Woman.