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Courtesy tenure

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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
75:) 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 162:(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 146:
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
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The estate claimed in courtesy must have been an estate in possession of which the wife must have been actually seised; and,
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the husband has a right to courtesy tenure whether there is issue born or not but the courtesy extends only to a
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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
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has not affected the right of courtesy so far as relates to the wife's undisposed-of realty, and the
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by courtesy is to be deemed an estate arising under a settlement made by the wife.
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the birth of a daughter would not entitle the husband to a tenancy by courtesy.
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This article incorporates text from a publication now in the
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The requisites necessary to create a tenancy by courtesy are:
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The title to the tenancy vests only on the death of the wife.
126: 119: 123: 242: 240: 238: 236: 234: 231: 194:provision to undisputably grant marriage equality. 182:, section 8, provides that for the purposes of the 19:"Curtesy" redirects here. Not to be confused with 290: 16:Life interest that a widower can claim in land 319:Marriage, unions and partnerships in Scotland 324:Marriage, unions and partnerships in England 270: 246: 291: 83:in Scots law) and not therefore to an 31: 13: 304:Property law of the United Kingdom 14: 345: 176:Married Women's Property Act 1882 258: 154:In the case of lands held under 36: 299:Widowhood in the United Kingdom 1: 224: 114:ascribes its introduction to 7: 309:Scots law legal terminology 197: 73:curtesy/courtesy of England 10: 350: 18: 334:Men in the United Kingdom 45:This article needs to be 281:Encyclopædia Britannica 184:Settled Land Act 1882 180:Settled Land Act 1884 112:Mirroir des Justices 140:must have existed; 66: 65: 341: 285: 264: 262: 261: 250: 244: 186:the estate of a 156:gavelkind tenure 61: 58: 52: 40: 39: 32: 349: 348: 344: 343: 342: 340: 339: 338: 289: 288: 274:, ed. (1911). " 259: 257: 254: 253: 245: 232: 227: 200: 69:Courtesy tenure 62: 56: 53: 50: 41: 37: 28: 17: 12: 11: 5: 347: 337: 336: 331: 326: 321: 316: 311: 306: 301: 287: 286: 272:Chisholm, Hugh 252: 251: 229: 228: 226: 223: 222: 221: 216: 211: 209:Elective share 206: 199: 196: 172: 171: 152: 151: 144: 141: 64: 63: 44: 42: 35: 15: 9: 6: 4: 3: 2: 346: 335: 332: 330: 327: 325: 322: 320: 317: 315: 312: 310: 307: 305: 302: 300: 297: 296: 294: 283: 282: 277: 273: 268: 267:public domain 256: 255: 248: 247:Chisholm 1911 243: 241: 239: 237: 235: 230: 220: 217: 215: 212: 210: 207: 205: 202: 201: 195: 191: 189: 185: 181: 177: 169: 168: 167: 165: 161: 157: 149: 145: 142: 139: 135: 134: 133: 130: 128: 125: 121: 117: 113: 109: 105: 101: 97: 92: 90: 86: 82: 78: 74: 70: 60: 48: 43: 34: 33: 30: 26: 22: 329:Men's rights 279: 192: 173: 153: 131: 116:King Henry I 111: 93: 72: 68: 67: 54: 46: 29: 314:Land tenure 219:Land tenure 89:inheritance 293:Categories 225:References 57:March 2012 164:tail male 214:Jointure 198:See also 138:marriage 136:A legal 100:Scotland 21:Courtesy 276:Curtesy 269::  104:Germany 98:and to 96:England 81:sasined 47:updated 25:Curtsey 263:  188:tenant 160:moiety 148:seisin 124:lord's 110:. The 108:France 85:estate 77:seised 204:Dower 127:court 120:curia 174:The 106:and 79:(or 71:(or 278:". 87:of 23:or 295:: 233:^ 91:. 249:. 150:. 59:) 55:( 49:. 27:.

Index

Courtesy
Curtsey
seised
sasined
estate
inheritance
England
Scotland
Germany
France
King Henry I
curia
lord's
court
marriage
seisin
gavelkind tenure
moiety
tail male
Married Women's Property Act 1882
Settled Land Act 1884
Settled Land Act 1882
tenant
Dower
Elective share
Jointure
Land tenure


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