CURTESY

The estate to which by common law a man is entitled, on the death of his wife, in the lands or tenements of which she was seised in possession in fee simple or in tail during her coverture, provided they have had lawful issue born alive which might have been capable of inheriting the estate. It is a freehold estate for the term of his natural life. 1 Washb. Real Prop. 127; 2 Bl. Comm. 126; Co. Litt 30a; Dozier v. Toalson, 180 Mo. 546, 79 S. W. 420, 103 Am. St. Rep. 586; Valentine v. Hutchinson, 43 Misc. Rep. 314, 88 N. Y. Supp. 862; Redus v. Hayden. 43 Miss. 614; Billings v. Baker. 28 Barb. (N. Y.) 343; Templeton v. Twitty. 88 Tenn. 505, 14 S. W. 435; Jackson v. Johnson, 5 Cow. (X. Y.) 74, 15 Ain. Dec. 433; Ryan v Freeman, 36 Miss. 175. Initiate and consummate. Curtesy initiate is the interest which a husband has in his wife’s estate after the birth of issue capable of inheriting, and before the death of the wife; after her death, it becomes an estate “by the curtesy consummate.” Wait v. Wait, 4 Barb. (X. Y.) 205; Churchill v. Hudson (C. C.) 34 Veil. 14; Turner v. Heinberg, 30 Ind. App. 613, 65 X. E. 2S)4.