The Law Dictionary

Featuring Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed.

What is CURTESY

The estate to which by common law a man is entitled, on the death of his wife, in the lands or tenements of which she was seised iu possession in fee-simple or in tail (luring 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; 2 Bl. Comm. 126; Co. Litt. 30a; Dozier v. Toalson, 180 Mo. 540, 79 S. W. 420. 103 Am. St. Rep. 5S6; Valentine v. Hutchinson, 43 Misc. Rep. 314, 88 N. Y. Supp. 802; Redus v. Hayden. 43 Miss. 614; Billings v. Baker, 28 Barb. (N. Y.) 343; Templeton v. Twitty. 88 Tenn. 595, 14 S. W. 435; Jackson v. John CURTESY 309 CUSTOM son, 5 Cow. (N. Y.) 74, 15 Am. Dec. 433; Ryan v. Freeman, 36 Miss. 175. Initiate and consummate. Curtesy initiate is the interest which a husband has in his wife’s estate after the birth of issue capable of inheriting, and before tlie death of the wife; after her death, it becomes an estate “by the curtesy consummate.” Wait v. Wait. 4 I’arb. (N. Y.t 205: Churchill v. Hudson (C. C.I 34 Fed. 14; Turner v. Heinberg, 30 Ind. App. 615, 05 N. E. 294.

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