Curtesy

The estate to which by common law a man is entitled, on the death of his wife, in tbe lands or tenements of which she was seised in possession in fee simple or in tail during their coverture, provided they have had lawful issue born alive which might have been capable of inheriting the estate.

Chal. R. P. 314.

An estate for life which a husband takes at the death of his wife, having had issue by her born alive during coverture, in all lands of which she was seised in fact of an inheritable estate during coverture. Tbe right of the husband to enjoy during bis life land of which bis wife is at any time during coverture seised in fee simple (absolute or defeasible) or in fee tail, provided there was issue, born alive, of tbe marriage.

Demb. Land Tit. § 109.

It is a freehold estate for the term of his natural life.

1 Washb. R. P. 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. The phrase "tenant by the law of England" was also used, and is said to have been of earlier origin; 2 Poll. & M. Hist. E. L. 412. Some question has been made as to the derivation both of the custom and its name. It is said 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. R. P. 128, n.; Wright, Ten. 192; Co. Litt. 30 a; 2 Bla. Com. 126; Ersk. Inst. 380; Grand Cout. de Normandie, c. 119.

But this derivation "is considered more ingenious than satisfactory," and it is suggested that it is possible to explain the phrase by "some royal concession," as "being reasonable enough." 2 Poll. & M. Hist. E. L. the death of his wife in lands which he had voluntarily settled upon her, if he did not expressly or by implication relinquish such rights in the settlement; Depue v. Miller, G5 W. \ a.

120, 64 S. B. 740, 23 L. R. A. (N. B.) 7751 In re Kaufmann, 142 Fed. 898; Meacham v. Bunting, 156 111. 586, 41 N. E. 175, 28 L. R. A. CIS, 47 Am. St. Rep. 239; contra, Batliff v. Ratliff, 162 Va. 887, 47 S. B. 1007.

He has curtesy in the equity of redemption of the wife's lands; Jackson v. Printing Co., 8G Ark. 591, 112 S. W. 161, 20 L. EL A. (N. S.) 454. That, an estate was purchased by funds from the wife's separate estate and conveyed to the husband and wife jointly Will not deprive him of his curtesy in the property; Donovan v. Griffith, 215 Mo. 149, 114 S. W. 621, 20 L. R. A. (N. S.) 825, 128 Am. St. Rep. 458, 15 Ann. (as. 724. A surviving husband is entitled to curtesy out of a determinable fee owned by his wife with issue born alive notwithstanding the contingency upon which the fee is to terminate exists at the time of her death; Carter v. Couch, 157 Ala. 470, 47 South. 1006, 20 L. R. A. (X. S.) S58; Hatfield v. Sneden, 54 N. Y. 280; Webb v. First Baptist Church, 90 Ky. 117. 13 S. W. 3G2; Mc Masters v. Negley, 152 Pa 303, 25 Atl. G41. In Pennsylvania, by act of April 8, 1833, issue of the marriage is no longer necessary, so that the husband gains a freehold by the marriage itself; Lancaster County Bank v. Stauffer, 10 Pa. 399: but the law appli< when the estate is devisable, not to an estate tail or defeasible fee; Mc Masters v. Negley, 152 Pa. 303, 25 Atl. 641. That the wife's title to real estate is not acquired until after the death of the only child of the marriage will not deprive the husband of curtesy in the property; Donovan v. Griffith, 21T, Mo. 149, 114 S. W. G21, 20 L. R. A. (N. S.) 825, 128 Am. St Rep. 458, 15 Ann. Cas. 724. Ohio, Illinois. Kentucky, and Maine reduce the husband's life estate to one-third, calling it "dower," and dispense with birth of issue alive, while dower remains unchanged. In South Carolina and Georgia, curtesy has gone out of use. the husband having under the law greater benefits. Demb. Land Tit. § 109. Louisiana, Texas, California, Nevada, Washington, and Idaho, and Arizona and New Mexico have the "community" system and no curtesy; id. § 111. And in Indiana, Iowa, Minnesota, the Dakotas, Kansas, Colorado, Wyoming, and Mississippi, dower is applied by a forced lienship of the widow and there is no curtesy; id. § 108.

See Doweu.