CURTESY

CURTESY

curtesy (k[schwa]r-t[schwa]-see). At common law, a husband’s right, upon his wife’s death, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple. ? This right has been largely abolished. Traditionally, the full phrase was estate by the curtesy of England (or Scotland). ¡ª Also spelled (esp. in Scots law) courtesy.

¡ª Also termed tenancy by the curtesy. Cf. DOWER. [Cases: Dower and Curtesy

1. C.J.S. Dower ¡ì¡ì 2, 5¨C6, 136¨C138.]

curtesy consummate (k[schwa]r-t[schwa]-see k[schwa]n-s[schwa]m-it orkahn-s[schwa]-mit). The interest the husband has in his wife’s estate after her death.

curtesy initiate (k[schwa]r-t[schwa]-see i-nish-ee-it). The interest the husband has in his wife’s estate after the birth of issue capable of inheriting, and before the death of the wife.


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