Curtesy
From ArticleWorld
In law, curtesy is identified as the interest a husband has in events in the place from which his wife was, in her lifetime, seized of an estate of inheritance. The customs and meaning of the word curtesy are unknown.
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History of the word
This is said to be of interest to England and Scotland; thereby it is called the “curtesy of Scotland” and the “curtesy of England.” It actually, however, is also found in Germany and France. In these instances, it has references to the husband’s attendance of the lands at the lord’s court. It can also mean that he is acknowledged by the courts of England.
Requirements
To make tenancy by curtesy, the following requirements must be met:
- A legal marriage.
- An estate of which the wife must have been seized.
- The issue must be born alive and during the mother’s existence. It does not matter, however, if it is born before or following the wife’s seizing.
Other issues
In the case of 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 his wife’s lands. Should he marry again, the curtesy will cease. The issue must also be capable of passing the lands along to an heir. For instance, the birth of a daughter would not enable the husband to tenancy by curtesy. The title vests only upon the death of the wife.
Legal actions
- The Married Women’s Property Act 1882. This act did not affect the right of curtesy as far as the wife’s undisposed-of reality.
- The Settled Land Act 1884, section 8 allows that for the purposes of the 1882 version of the act, the estate of a tenant by curtesy is considered an estate under a settlement by the wife.