Paraphernalia

Apparel and ornaments of a wife, suitable to her rank and degree. 2 Bl. Comm. 435.

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.

In the civil law. The separate property of a married woman, other than that which is included in her dowry, or dos. The separate property of the wlfe is divided into dotal and extradotal. Dotal property is that which the wife brings to the husband to assist him in bearing the expenses of the marriage establishment. Extradotal property, otherwise called "paraphernal property," is that which forms no part of the dowry. Civ. Code La. art. 2335. The wife's paraphernalia shall not be subject to the debts or contracts of the husband, and shall consist of the apparel of herself and her children, her watch, and ornaments suitable to her condition in life, and all such articles of personalty as have been given to her for her own use and comfort Code Ga. 1882, § 1773.

In English law. Those goods which a woman is allowed to have, after the death of her husband, besides her dower, consisting of her apparel and ornaments, suitable to her rank and degree. 2 Bl. Comm. 436.

Parapherna. Movable goods vrhich a widow is allowed to retain besides her dower; jewels, apparel, etc.

Thename given to all such things as a woman has a right to retain as her own property, after her husband’s death, which she used personally during his life: they consist generally of her clothing, jewels and ornaments suitable to her condition in life. These, when not extravagant, she has a right to retain even against creditors; and, although in his life time the husband might have given them away, he cannot bequeath such ornaments and jewels by his will. 2 Bi. Com. 430; 2 Supp. to Ves. jr. 376; 5 Com. Dig. 230; 2 Com. Dig. 212; 11 Vin. Ab. 176.