Also known as: curtesy · right of curtesy
Written by attorneys · grounded in primary & secondary sources — see below
A marital right entitling the surviving husband to a life estate in land held by his deceased wife. The interest is measured as if the wife had held fee simple absolute. The right remains subordinate to any remainder, executory interest, possibility of reverter, power of termination, or reversion that restricted the wife's estate and has not been extinguished.
Jacob Jennings inherited a parcel from his late wife under a deed creating a fee simple conditional. After her death without satisfying the condition, Jacob petitioned for a life estate measured by fee simple standards. The court awarded the interest but expressly subordinated it to the grantor's retained executory limitation that had not been destroyed.
Jessica Jacobs survived her husband who held land in fee tail with a reversion to the grantor upon failure of issue. She sought a life estate calculated as though the husband had owned fee simple absolute. The court recognized her curtesy but held it subordinate to the grantor's reversion that became possessory when the line ended.
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Jamal Jefferson's wife held an estate in fee tail preserved for a single lifetime only, followed by a remainder in a third party. Upon her death without qualifying issue, Jamal claimed curtesy measured by fee simple standards. The court granted the life estate but made it expressly subject to the remainder that had been limited on the estate.
Justin Jarvis's wife received territorial land under a statutory grant that inured to both spouses upon perfection. After her death, Justin asserted a surviving spouse interest in the parcel. The court treated the interest as arising from the wife's estate and measured it by the standards applicable to fee simple holdings.
Yes. The surviving spouse receives the same curtesy interest as if the deceased had held fee simple absolute. The interest is then subordinated to any remainder or reversion limited on the fee tail.
Supporting sources
The curtesy interest is expressly made subordinate to the executory interest, possibility of reverter, power of termination, or reversion that restricted the deceased spouse's estate. The surviving spouse's life estate therefore yields if the future interest vests.
Supporting sources
The spouse receives curtesy measured by fee simple standards, but the interest remains subordinate to the power of termination. Exercise of the power after the spouse's death cuts off the curtesy along with the underlying estate.
Supporting sources
…the marriage relation, were gone. A wife divorced has no right of dower in his property; a husband divorced has no right by the curtesy in her lands, unless the statute authorizing the divorce specially confers such right. It follows that the wife was not entitled to the east half of the donation claim. To entitle her to…