Legal Definition and Related Resources of Tenant By The Curtesy

At common law , the husband took a freehold interest in his wife’s real estate . before the birth of issue that interest lasted only during their joint lives but after the birth of issue capable of inheriting, he became entitled to a freehold interest during his life which enabled him to hold after the death of his wife. This latter interest was called tenant at curtesy . The husband’s right to enjoy , during the life, the land of which his wife is at any time during coverture seised in fee simple , absolute or defeasible , or in fee tail provided that there was issue, born alive of marriage. The common law requisites of this estate are marriage, seisin of wife, birth of child alive, capable of inheriting from the mother, and death of wife during lifetime of the husband. See Hess v Hess, 91 P.2d850,162 Or. 266. Also see Curtesy.

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Tenant By The Curtesy in Historical Law

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