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). — Also spelled (esp. in Scots law) courtesy.

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

1. C.J.S. Dower §§ 2, 5–6, 136–138.]

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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