Also known as: dower · curtesy · dower and curtesy · widow's dower · husband's curtesy
Written by attorneys · grounded in primary & secondary sources — see below
A common-law marital property right granting the surviving spouse a life estate in a portion of the deceased spouse's real property. The interest attaches to estates such as fee simple conditional and fee tail and is measured as though the deceased had held fee simple absolute, subject to any executory interests, possibilities of reverter, or powers of termination that limited the deceased spouse's estate.
Denise Donovan held a parcel in fee simple conditional that would revert to the grantor if the land ceased agricultural use. She died while the parcel remained in agricultural use. Her surviving spouse Daniel Diaz asserts a life estate measured as though Denise had held fee simple absolute. The court recognizes the interest but holds it subordinate to the grantor's possibility of reverter if agricultural use later stops.
Damian Decker received land in fee tail from his parents with a reversion to them if his line ended. He died without issue. His surviving spouse Danielle Dixon claims curtesy measured as though Damian had held fee simple absolute. The court awards her a life estate that burdens the parents' now-possessory reversion.
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Derek Douglas created a revocable trust holding real property and died survived by his spouse Devon Drake. She petitions to include the trust assets in calculating her dower-equivalent share. The court holds that the assets are treated as owned property for purposes of the surviving spouse's interest.
No. The surviving spouse receives no dower or curtesy in land held by the deceased under a life estate.
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The surviving spouse's interest is subordinate to any executory interest that restricted the deceased spouse's estate and remains unextinguished.
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The surviving spouse receives a life estate measured as though the deceased had held fee simple absolute, but the interest is subordinate to the reversion retained by the grantor of the fee tail.
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No. Many states have abolished or replaced dower and curtesy with statutory elective shares that apply to both real and personal property.
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…position. Compare Gilson v. Hutchinson , 120 Mass. 27, 28 (1876) (conveyance to a trustee to defraud spouse of her right to dower, invalid), and Brownell v. Briggs , 173 Mass. 529, 533 (1899) (conveyance to trustee to deprive wife of rights in the husband’s property at his death, invalid), with Leonard v. Leonard ,…