Curtesy tenure

Courtesy tenure (or curtesy/courtesy of England) is the legal term denoting the life interest which a widower (i.e. former husband) may claim in the lands of his deceased wife, under certain conditions. The tenure relates only to those lands of which his wife was in her lifetime actually seised (or sasined in Scots law) and not therefore to an estate of inheritance.

The customs and the meaning of the word has considerable doubt. It has been said to be a tenure peculiar to England and to Scotland, hence called the courtesy of England and the courtesy of Scotland, yet this is erroneous, for it is found also in Germany and France. The Mirroir des Justices ascribes its introduction to King Henry I(1100–1135). The historian K.E. Digby states it to be connected with curia, having reference either to the attendance of the husband as tenant of the lands at the lord's court, or to mean simply that the husband is acknowledged tenant by the courts of England.

The requisites necessary to create a tenancy by courtesy are:

In the case of lands held under gavelkind tenure the husband has a right to courtesy tenure whether there is issue born or not but the courtesy extends only to a moiety (i.e. half) of the wife's lands and ceases if the husband marries again. The issue must have been capable of inheriting as heir to the wife, so that if for example a wife were seised of lands in tail male the birth of a daughter would not entitle the husband to a tenancy by courtesy.

The Married Women's Property Act 1882 has not affected the right of courtesy so far as relates to the wife's undisposed-of realty, and the Settled Land Act 1884, section 8, provides that for the purposes of the Settled Land Act 1882 the estate of a tenant by courtesy is to be deemed an estate arising under a settlement made by the wife.

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