PARAPHERNALIA. Apparel and orna ments of a wife, suitable to her rank and degree. 2 Bla. Corn. 435.
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 mar riage; Le Boeuf v. Melancon, 131 La. 148, 59 South. 102.
These are subject to the control of the husband during his lifetime ; 3 Atk. 394 ; but go to the wife upon his death, in pref erence to all other representatives; Cro. 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. Wms. 730. See, also, 2 Atk. 642; 11 Vin. Mr. 176.
While a married woman may acquire title to articles of apparel by gift from her hus band, yet her mere use and enjoyment of such articles purchased by her husband does not give title thereto as her separate prop erty; State v. Pitts, 12 S. C. 180, 32 Am. Rep. 508. See, also, Pratt v. State, 35 Ohio St. 514, 35 Am. Rep. 617. The wearing ap parel 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. Abair, 87 Mich. 62, 49
N. W. 509. In New York, by statute, a mar ried woman may sue in her own name for injury to her paraphernalia ; Rawson v. R. 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. 116, 30 Am. Rep. 271.
In some states, the paraphernalia of a 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 and 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 Lou isiana the property not declared to be brought in marriage by the wife, or given to her in consideration of the marriage, is paraphernalia, and she has a right to admin ister it without the assistance of her hus band ; but as to any which is administered by her husband without her opposition, he is accountable for it. See MARRIED WOMAN. These rules are largely changed by the mar _tied women's acts.