Curtesy

Curtesy in United States

Curtesy Definition

The estate to which, by common law, a man is entitled, on the death of his wife, in the lands or tMiements 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 phrases tenant by curtesy, or estate by curtesy, but seldom alone; while in Scotland 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.

Curtesy in Foreign Legal Encyclopedias

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Curtesy Curtesy in the World Legal Encyclopedia.
Curtesy Curtesy in the European Legal Encyclopedia.
Curtesy Curtesy in the Asian Legal Encyclopedia.
Curtesy Curtesy in the UK Legal Encyclopedia.
Curtesy Curtesy in the Australian Legal Encyclopedia.

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Curtesy Curtesy in the Family Law Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the IP Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Commercial Law Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Criminal Law Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Antritrust Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Bankruptcy Law Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Constitutional Law Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Tax Law Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the and Finance and Banking Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Employment and Labor Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Personal Injury and Tort Portal of the American Encyclopedia of Law.
Curtesy Curtesy in the Environmental Law Portal of the American Encyclopedia of Law.

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Legal Issue for Attorneys

The estate to which, by common law, a man is entitled, on the death of his wife, in the lands or tMiements 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 phrases tenant by curtesy, or estate by curtesy, but seldom alone; while in Scotland 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.

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Notice

This definition of Curtesy is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Practical Information

Note: Some of this information was last updated in 1982

The right of the husband to enjoy during his life and after his wife’s death any land that his wife might own during marriage, provided she had legitimate children born to her during the marriage. This is a common law (in U.S. law) right that has largely been abolished by statute. See dower (in U.S. law).

(Revised by Ann De Vries)

What is Curtesy?

For a meaning of it, read Curtesy in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Curtesy.

See Also

Dower And Curtesy in this Legal Encyclopedia
Dower And Curtesy definition in the Law Dictionary


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