Curtesy - Law Dictionary Search Results
Home Dictionary Name: curtesyCurtesy of England
Curtesy of England [jus curialitatis Angli', Lat.], an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death.Tenancy by the curtesy has been abolished by the (English) A.E. Act, 1925, s. 45, with regard to the inheritance of every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a disentailing assurance or the exercise of the testamentary power conferred by that Act, see sub-s. 4 ibid., and see the 12th Schedule to the (English) L.P. Act, 1922, in regrd to enfranchised copyholds.There are six circumstances necessary to the existence of this estate (which appears to be unaffected by the (English) Married Women's Property Act, 1882):--(1) A canonicalor legal marriage.(2) Seisin of the w...
curtesy
curtesy pl: -sies [Anglo-French curteisie, literally, favor, courtesy, originally in the phrase par la corteysie de Engleterre (tenancy) by courtesy of (the law of) England (as opposed to natural right)] : a husband's interest at common law in a life estate upon the death of his wife in the real property that she either solely owned or inherited provided that they bore a child capable of inheriting the property compare dower, elective share ...
Tenant by the curtesy
Tenant by the curtesy. See CUTESY OF ENGLAND....
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
dower
dower [Anglo-French, from Old French douaire, modification of Medieval Latin dotarium, from Latin dot- dos gift, dowry] : the life estate in a man's real property to which his wife is entitled upon his death under common law and some state statutes compare curtesy, elective share ...
elective share
elective share : the share (as one third) of an estate set by statute that a widow or widower or sometimes a child is entitled to claim in lieu of any provisions made in a will or in the event of being disinherited unjustifiably called also forced share compare curtesy, dower ...
Curtesy
the life estate which a husband has in the lands of his deceased wife which by the common law takes effect where he has had issue by her born alive and capable of inheriting the lands...
Autre vie, Estate pur
Autre vie, Estate pur, a tenancy of land for the life of another who is called the cestui-que vie. The lowest estate of freehold which the law allowed before 1926. After 1925 the estate has become an equitable interest, (English) Law of Property Act, 1925, s. 1. If limited to the grantee and his heirs, it passed to the grantee's heirs or special occupants; if granted to executors or administrators, they took, as special occupants, if in that case or if there was no special occupant the estate went to the executors or administrators of the grantee. (Wills Act, 1837 (1 Vict. c. 26), s. 6, superseding the Statute of Frauds, s. 3, and 14 Geo. 2, c. 20, s. 9). By s. 3 of the (English) Wills Act, 1837, the estate was declared to be disposable of by will. The estate could be assigned inter vivos. It could not be the subject of entail, see Carson's Real Property Statutes; Notes to s. 1 of the (English) Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). It was not subject to dower or curtesy....
Consummation
Consummation, of tenancy by the curtesy is when a husband, upon his wife's death, becomes entitled to hold her lands in fee simple or fee tail, of which she was seised during the marriage, for his own life, provided he has had issue by her, capable of inheriting. His estate becomes initiate upon birth of a child.Consummation, (1) the completion of a thing; (2) the completion of a marriage between wedded persons by cohabitation.Consummation, defined in Black's Law Dictionary, 6th Edn., 'the completion of a thing; the completion of a marriage by cohabitation between spouses', Babu S/o Raveendran v. Babu S/o Bahuleyan, (2003) 7 SCC 37.Consumption, means every fact which it is necessary to establish to support a right or obtain a judgment, Sadanandan Bhadran v. Madhavan Sunil Kumar, (1998) 6 SCC 514.The word consumption in its primary sense means the act of consuming and in ordinary parlance means the use of an article in a way which destroys, wastes or uses up that article. But in some le...
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