Also known as: dower and curtesy · dower · curtesy · marital life estates
Written by attorneys · grounded in primary & secondary sources — see below
A common-law marital property right granting a surviving spouse a life estate in a portion of the deceased spouse's real property. The interest is measured as if the deceased had held fee simple absolute, yet remains subordinate to any unextinguished executory interest, possibility of reverter, or power of termination that restricted the deceased's estate.
Ella Emerson conveyed land to her husband Ezra Eastman so long as it remained an auto dealership, then to Emerald Enterprises. Ezra operated the lot until his death. His widow Ella claimed a life estate measured as if Ezra had held fee simple. The court awarded the interest but held it subordinate to Emerald's executory limitation.
Emanuel Escobar held land under a deed to him and the heirs of his body, with an executory interest in Equinox Energy if use changed. After Emanuel died without issue, his widow Edith Eberhardt sought a life estate. The court granted curtesy measured by fee simple standards but made it subject to the executory interest.
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Emmett Egan died owning real property after a Nevada divorce from Eva Espinosa. She asserted dower rights in Massachusetts probate. The court examined whether the foreign decree extinguished her interest in the estate.
Ezra Eastman obtained a Nevada divorce from Ella Emerson. She later sought dower in property located in another state. The court considered whether the divorce decree barred her marital property claim.
Emanuel Escobar settled land under a federal donation act while married to Edith Eberhardt. After his death she claimed curtesy. The court determined whether the grant inured to her benefit through her husband.
Emmett Egan obtained an ex parte Nevada divorce from Eva Espinosa. She sought to enforce dower rights against property in New York. The court addressed whether the divorce terminated her interest in the estate.
No. The spouse of an owner of an estate for life has neither dower nor curtesy in the land.
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The interest is measured as if the deceased held fee simple absolute, yet remains subordinate to any unextinguished executory interest that restricted the deceased's estate.
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Many states have abolished or replaced them with statutory elective shares that provide a forced share of the decedent's estate to the surviving spouse.
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…brought about by Nevada. Similarly, Nevada could not adjudicate rights in New York realty, but, if New York law provided for dower, a Nevada divorce might or might not terminate a dower interest in New York realty depending on whether or not New York treated dower rights as extinguished by divorce. If the Nevada…