A husband's interest at common law in a life estate upon the death of his wife in the real property that she either solely owned or inherited provided that they bore a child capable of inheriting the property — compare dower, elective share.
Curtesy is a common law right of inheritance that allows a husband to inherit a portion or all of his deceased wife's separate estate. This right is contingent upon the couple having had children who could inherit the property. The concept of curtesy has largely been replaced or modified by modern statutory laws of property and inheritance, which aim to provide more equitable solutions. The following examples and case studies illustrate the concept and implications of curtesy in various legal contexts:
These cases further demonstrate the application and implications of curtesy or its modern equivalents in legal proceedings:
For more detailed information, see our related Wills Trusts And Estates terms: