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CURTESY (a variant of " courtesy," q.v.)

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Originally appearing in Volume V07, Page 651 of the 1911 Encyclopedia Britannica.
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CURTESY (a variant of " See also:courtesy," q.v.)  , in See also:law, the See also:life See also:interest which a See also:husband has in certain events in the lands of which his wife was in her lifetime actually seised for an See also:estate of See also:inheritance . As to the See also:historical origin of the See also:custom and the meaning of the word there is considerable doubt . It has been said to be an interest See also:peculiar to See also:England and to See also:Scotland, hence called the "See also:curtesy of England" and the "curtesy of Scotland "; but this is erroneous, for it is found also in See also:Germany and See also:France . The Mirroir See also:des Justices ascribes it to See also:Henry I . K . E . See also:Digby (Hist . Real Prop. See also:chap. iii.) says that it is connected with See also:curia, and has reference either to the attendance of the husband as See also:tenant of the lands at the See also:lord's See also:court, or to mean simply that the husband is acknowledged tenant by the courts of England (tenens per legem Angliae) . The requisites necessary to make tenancy by the curtesy are: (1) a legal See also:marriage; (2.) an estate in See also:possession of which the wife must have been actually seised; (3) issue See also:born alive and during the See also:mother's existence, though it is immaterial whether the issue live or See also:die, or whether it is born before or after the wife's See also:seisin; in the See also:case of See also:gavelkind lands the husband has a right to curtesy, whether there is issue born or not; but the curtesy extends only to a moiety of the wife's lands and ceases if the husband marries again . The issue must have been capable of inheriting as See also:heir to the wife, e.g. if a wife were seised of lands in tail male the See also:birth of a daughter would not entitle the husband to a tenancy by curtesy; (4) the See also:title to the tenancy vests only on the See also:death of the wife . The Married See also:Women's See also:Property See also:Act 1882 has not affected the right of curtesy so far as relates to the wife's undisposed-of realty (See also:Hope v . Hope, 1892, 2 Ch .

336), and the Settled See also:

Land Act 1884, s . 8, provides that for the purposes of the Settled Land Act 1882 the estate of a tenant by curtesy is to be deemed an estate arising under a See also:settlement made by the wife . See See also:Pollock and See also:Maitland, Hist . Eng . Law; K . E . Digby, Hist . Real Prop . ; Goodeve, Real Property .

End of Article: CURTESY (a variant of " courtesy," q.v.)
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