HopefullyInLawSchool
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Simple English definitions for legal terms
courtesy
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A quick definition of courtesy:
Courtesy is an old law that gave a husband the right to live on his wife's land after she died, as long as they had a child together. This law is not used much anymore. It used to be called "estate by the curtesy of England" or "Scotland." There were two types of courtesy: "curtesy consummate" and "curtesy initiate." Curtesy consummate meant the husband had the right to his wife's estate after she died. Curtesy initiate meant the husband had the right to his wife's estate after they had a child together, but before she died.
A more thorough explanation:
Definition: Courtesy refers to a husband's right, under common law, to a life estate in the land that his wife owned during their marriage, assuming that a child was born alive to the couple. This right has been largely abolished. Traditionally, the full phrase was estate by the curtesy of England (or Scotland).
For example, if a husband and wife owned a piece of land together and the wife passed away, the husband would have the right to live on the land for the rest of his life, as long as they had a child together who was born alive.
There are two types of curtesy: curtesy consummate and curtesy initiate. Curtesy consummate refers to the interest the husband has in his wife's estate after her death. Curtesy initiate refers to the interest the husband has in his wife's estate after the birth of issue capable of inheriting, and before the death of the wife.
Overall, courtesy is a legal term that relates to the rights of a husband in his wife's property after her death, and is no longer widely recognized in modern law.