CURTESY - Black's Law Dictionary

What is CURTESY? Definition of CURTESY in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

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. 1 Washb.Real Prop. 127; 2 BL Comm. 126; Co.Litt. 30a; Dozier v. Toalson, 180 Mo. 546, 79 S.W. 420, 103 Am.St.Rep. 586; Templeton v. Twitty, 88 Tenn. 595, 14 S.W. 435; Decker v. Decker, 205 Ky. 69, 265 S.W. 483, 485.

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." Wait v. Wait, 4 Barb., N.Y. 205; Churchill v. Hudson, C.C.Mo., 34 F. 14; Pattison v. Baker, 148 Tenn. 399, 255 S.W. 710, 29 A.L.R. 1334; Bucci v. Popovich, 93 N.J. Eq. 121, 115 A. 95, 96; Hopper v. Gurtman, 126 N.J. 263, 18 A.2d 245, 246, 250, 133 A.L.R. 621.

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