Legal Definition and Related Resources of Curtesy

At common law , a husband becomes a tenant by curtesy when the following conditions are fulfilled: lawful marriage. The seisin of the wife in the land; issue born alive and capable of inheriting; the wife’s death . The estate , being once vested in the husband by the birth of the child, cannot be determined by the subsequent death or coming of age of the infant . An estate for life accruing to the husband on the death of the wife in the estate of inheritance of which she was seised in possession in fee simple or fee tail, during coverture provided he has had by her lawful issue before her death. Curtesy is either initiate or consummate . Curtesy initiate is the interest which the husband has in his wife’s estate after the birth of the issue capable of inheriting but before the death of the wife. It is consummate after her death.

The estate to which, by common law, a man is entitled, on the death of his wife, in the lands or tMiements of which she was seised in possession in fee simple or in tail during her coverture, provided they have had lawful issue born alive which might have been capable of inheriting the estate. It is a freehold estate for the term of his natural life. 1 Washb. Real Prop. 127. In the common law, the word is used in the phrases “tenant by curtesy,” or “estate by curtesy,” but seldom alone; while in Scotland of itself it denotes the estate. See “Estates.” Some considerable question has been made as to the derivation both of the custom and its name. It seems pretty clear, however, that the term is derived from curtis, a court, and that the custom, in England at least, is of English origin, though a similar custom existed in Normandy, and still exists in Scotland. 1 Washb. Real Prop. 128, note; Wright, Ten. 192; Co. Litt. 30a; 2 Bl. Comm. 126; Ersk. Inst. 380; Grand Cout. de Normandie, c. 119.

Browse or run a search for Curtesy in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Curtesy in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Curtesy in Historical Law in the Encyclopedia of Law.

Search for legal acronyms and/or abbreviations containing Curtesy in the Legal Abbreviations and Acronyms Dictionary.

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Mentioned in these terms

Estate, Estate By The Curtesy, Gavelkind, Life Estate, Privies, Tenant By The Curtesy.

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This definition of Curtesy is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

Curtesy in the United States

Curtesy in Connecticut

Courtesy, in Property Law, is the corresponding right of the husband by which he is entitled, on the death of his wife, to alife estate (more in the U.S.) in the lands (more in the U.S.) of which she was seized during her coverture, provided they have had lawful issue born alive which might have been capable of inheriting the estate (more in the U.S.) . In some jurisdictions, there is no distinction made between the wife’s and husband’s rights and both are merely characterized as dower. estate (more in the U.S.) of Johnson v. C.I.R., 718 F.2d 1303, 1317 (5th Cir. 1983).

Concept of Curtesy in the context of Real Property

A short definition of Curtesy: A common law interest of a husband in the property of his deceased wife. Abolished in most states.

Concept of Curtesy in the context of Real Property

A short definition of Curtesy: A common law interest of a husband in the property of his deceased wife. Abolished in most states.