Women's Rights in Early New York
Suggested Teaching Instructions
Gradually, the English replaced Dutch laws with practices rooted in English common law and English colonial experiences in North America. Women were among those most profoundly affected by changes in the legal system. Under Dutch law, married women could retain control over property they possessed prior to marriage, buy and sell property, make contracts including ante-nuptial agreements, write wills, and appear in court on their own behalf. Widows were entitled to inherit at least half of the marital estate, with the remaining portion being divided equally among children regardless of gender. Consequently, both single and married women in New Netherland found opportunities for economic independence and prosperity.
Under English law, women surrendered control over property upon marriage and could not enter into contracts, write wills, or initiate legal action without consent or participation of their husbands. A widow's legal inheritance was limited in most cases to one-third of the marital estate and most fathers favored sons over daughters in wills involving real property. Gradually, English laws affecting property began to significantly curtail the participation of women in business and trade. In 1710, the colonial assembly equated women with minors and those "not of Sound mind" in an act specifying requirements for obtaining legal title to land. It was not until more than seven decades after independence that New York State returned some of the rights that women had enjoyed under Dutch rule.