Curtesy

The estate to which, by common law, a man is entitled, on the death of his wife, in the lands or t Miements 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 land 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.