Legal Definitions - tenancy by the curtesy

Tenancy by the Curtesy

Tenancy by the curtesy is a historical legal right that allowed a husband, upon the death of his wife, to inherit a life interest in certain real estate that his wife owned during their marriage. This right was contingent upon the couple having had children born alive who were capable of inheriting the wife's land. The husband's interest would last for the remainder of his life, even if the children later died. This concept has largely been abolished or significantly altered by modern statutes in most jurisdictions, replaced by more equitable inheritance laws for surviving spouses.

• Example 1: In 18th-century England, a woman named Eleanor owned a farm in her own name. She and her husband, Thomas, had two children who were born alive. Eleanor passed away.

  Under the common law principle of tenancy by the curtesy, Thomas would have been entitled to live on and manage Eleanor's farm for the rest of his life. This right arose because they had children born alive who could inherit the land, granting Thomas a life estate in the property even though the ultimate ownership would pass to their children after his death.

• Example 2: Imagine a historical scenario in a jurisdiction that still recognized curtesy. A wealthy woman, Sarah, owned several rental properties. She and her husband, John, had a child who was born alive. Sarah died, leaving her properties.

  Because Sarah and John had a child born alive, John would acquire a life interest in Sarah's rental properties under tenancy by the curtesy. This meant he would have the right to collect rent and manage these properties for the remainder of his life, even though the "reversionary interest" (the right to full ownership after his death) belonged to their child or other heirs.