Courtesy tenure: Difference between revisions
''Note that the content of this article, taken from a 1911 encyclopedia, is probably now out-of-date and largely of historical interest due to changes in the law.'' |
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{{Short description|Life interest that a widower can claim in land}} |
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:''This article is about the legal concept of curtesy. For the concept of courtesy, please see the article on [[etiquette]].'' |
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{{redirect-distinguish|Curtesy|Courtesy|Curtsey}} |
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{{Use dmy dates|date=April 2022}} |
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{{update|inaccurate=yes|reason=Text based on the 1911 ''Britannica'' does not include developments in the past 110 years, in particular the Abolition of Feudal Tenure (Scotland) Act 2000|date=March 2012}} |
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⚫ | '''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 [[seisin|seised]] (or [[sasine]]d in Scots law) and not therefore to an [[estate (law)|estate]] of [[inheritance]].{{sfn|Chisholm|1911}} |
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⚫ | 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 [[Henry I of England|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.{{sfn|Chisholm|1911}} |
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''Note that the content of this article, taken from a 1911 encyclopedia, is probably now out-of-date and largely of historical interest due to changes in the law.'' |
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⚫ | In the case of lands held under [[gavelkind|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 title|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 [[Entail|tail male]] the birth of a daughter would not entitle the husband to a tenancy by courtesy. The title to the tenancy vests only on the death of the wife.{{sfn|Chisholm|1911}} |
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==Origin== |
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⚫ | The customs and the meaning of the word has considerable doubt. It has been said to be |
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⚫ | The [[Married Women's Property Act 1882]] did not affect the right of courtesy so far as relating to the wife's undisposed-of realty, and the [[Settled Land Acts|Settled Land Act 1884]], section 8, provided that for the purposes of the [[Settled Land Acts|Settled Land Act 1882]] the estate of a [[Tenement (law)|tenant]] by courtesy is to be deemed an estate arising under a settlement made by the wife.{{sfn|Chisholm|1911}} |
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The application of Courtesy (as spelled in Scots law) was abolished by Section 10 of the Succession (Scotland) Act 1964, in respect of all deaths occurring after the date of that Act. The right of Terce (being the equivalent claim by a wife on her husband's estate) was also abolished by the same provision to undisputably grant marriage equality.{{Citation needed|date=June 2022}} |
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⚫ | In the case of [[gavelkind]] |
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* the title to the tenancy vests only on the death of the wife. |
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==See also== |
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⚫ | The [[Married Women's Property Act 1882]] |
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*[[Dower]] |
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*[[Elective share]] |
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*[[Jointure]] |
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*[[Land tenure]] |
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==References== |
==References== |
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{{Reflist}} |
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*{{EB1911 |wstitle=Curtesy |volume=7 |page=651}} |
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[[Category: |
[[Category:Widowhood in the United Kingdom]] |
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[[Category:Property law]] |
[[Category:Property law of the United Kingdom]] |
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[[Category:Scots law legal terminology]] |
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[[Category:Land tenure]] |
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[[Category:Marriage, unions and partnerships in Scotland]] |
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[[Category:Marriage, unions and partnerships in England]] |
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[[Category:Men's rights]] |
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[[Category:Men in the United Kingdom]] |
Latest revision as of 11:58, 29 October 2024
This article's factual accuracy may be compromised due to out-of-date information. The reason given is: Text based on the 1911 Britannica does not include developments in the past 110 years, in particular the Abolition of Feudal Tenure (Scotland) Act 2000. (March 2012) |
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.[1]
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.[1]
The requisites necessary to create a tenancy by courtesy are:
- A legal marriage must have existed;
- The estate claimed in courtesy must have been an estate in possession of which the wife must have been actually seised; and,
- Issue must have existed born alive and during the mother's existence, though it is immaterial whether the issue subsequently live or die, or whether it is born before or after the wife's seisin.[1]
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 title to the tenancy vests only on the death of the wife.[1]
The Married Women's Property Act 1882 did not affect the right of courtesy so far as relating to the wife's undisposed-of realty, and the Settled Land Act 1884, section 8, provided 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.[1]
The application of Courtesy (as spelled in Scots law) was abolished by Section 10 of the Succession (Scotland) Act 1964, in respect of all deaths occurring after the date of that Act. The right of Terce (being the equivalent claim by a wife on her husband's estate) was also abolished by the same provision to undisputably grant marriage equality.[citation needed]
See also
[edit]References
[edit]- public domain: Chisholm, Hugh, ed. (1911). "Curtesy". Encyclopædia Britannica. Vol. 7 (11th ed.). Cambridge University Press. p. 651. This article incorporates text from a publication now in the