See also: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
- HENRY (1129-1195)
- HENRY (c. 1108-1139)
- HENRY (c. 1174–1216)
- HENRY (Fr. Henri; Span. Enrique; Ger. Heinrich; Mid. H. Ger. Heinrich and Heimrich; O.H.G. Haimi- or Heimirih, i.e. " prince, or chief of the house," from O.H.G. heim, the Eng. home, and rih, Goth. reiks; compare Lat. rex " king "—" rich," therefore " mig
- HENRY, EDWARD LAMSON (1841– )
- HENRY, JAMES (1798-1876)
- HENRY, JOSEPH (1797-1878)
- HENRY, MATTHEW (1662-1714)
- HENRY, PATRICK (1736–1799)
- HENRY, PRINCE OF BATTENBERG (1858-1896)
- HENRY, ROBERT (1718-1790)
- HENRY, VICTOR (1850– )
- HENRY, WILLIAM (1795-1836)
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 (from M. Eng. saysen, seysen, in the legal sense of to put in possession of, or to take possession of, hence, to grasp, to seize; the O. Fr. seisir, saisir, is from Low Lat. satire, generally referred to the same source as Goth. satjan, O. Eng. set
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
.
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