curtesy

curtesy
/kartasiy/ 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 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. In some jurisdictions, there is no requirement that issue be born of the union. This estate has gradually lost much of its former value and now in some jurisdictions it attaches only to the real estate which the wife owns at death, rather than to the real estate owned by the wife during the marriage, while in most states it has been abolished or otherwise materially altered.
See also dower
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 the death of the wife; after her death, it becomes an estate "by the curtesy consummate." Hopper v. Gurtman, 126 N.J. 263, 18 A.2d 245, 246, 250

Black's law dictionary. . 1990.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • curtesy — cur·te·sy / kər tə sē/ n pl sies [Anglo French curteisie, literally, favor, courtesy, originally in the phrase par la corteysie de Engleterre (tenancy) by courtesy of (the law of) England (as opposed to natural right)]: a husband s interest at… …   Law dictionary

  • curtesy — [kʉrt′ə sē] n. pl. curtesies 〚var. of COURTESY〛 the life interest which a husband acquires in the lands of his wife upon her death, provided they have children capable of inheriting: curtesy has been altered or abolished by statute in many U.S.… …   Universalium

  • curtesy — [kʉrt′ə sē] n. pl. curtesies [var. of COURTESY] the life interest which a husband acquires in the lands of his wife upon her death, provided they have children capable of inheriting: curtesy has been altered or abolished by statute in many U.S.… …   English World dictionary

  • Curtesy — Cur te*sy (k?r t? s?), n.; pl. {Curtesies} ( s?z). [Either fr. courlesy, the lands being held as it were by favor; or fr. court (LL. curtis), the husband being regarded as holding the lands as a vassal of the court. See {Court}, {Courtesy}.]… …   The Collaborative International Dictionary of English

  • Curtesy — This article is about the legal doctrine of curtesy. For the concept of courtesy, please see the article on etiquette. : Note that the content of this article, taken from a 1911 encyclopedia, is probably now out of date and largely of historical… …   Wikipedia

  • curtesy — The common law right of a husband in his wife s property which arises from the marriage. An estate by the curtesy is either curtesy initiate or curtesy consummate. 25 Am J2d Dow § 2. See curtesy consummate; curtesy initiate …   Ballentine's law dictionary

  • curtesy — /kartasiy/ 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 in possession in fee simple or in tail during her coverture, provided they have had lawful issue born… …   Black's law dictionary

  • curtesy — ˈkərd.əsē noun or curtesy initiate (plural curtesies or curtesies initiate) Etymology: Middle English curtasy, curteisie, corteisie curtesy, courteous behavior more at courtesy : the future …   Useful english dictionary

  • Curtesy — A common law right of a husband to the estate and property of his deceased wife. Also known as statutory share, the rights apply to the man if a child was born during the lifetime of the marriage. When a man s spouse dies, he becomes the… …   Investment dictionary

  • curtesy — /ˈkɜtəsi/ (say kertuhsee) noun (plural curtesies) the life tenure formerly enjoyed by a husband in his wife s land inheritance after her death, provided they had issue able to inherit: a tenancy by the curtesy. {variant of courtesy} …  

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