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Courtesy of England

wife and husband

COURTESY OF ENGLAND is the title of a husband to enjoy for life, after his wife's decease, lands of the wife of which she and the husband were seised in deed in the wife's right, for an estate of inheritance, and to which issue of the marriage is born which by possi bility may inherit. It is said to be called courtesy of England as being peculiar to this country. In the law of Scotland however it is known under the title of jus curialitatis," and it is also stated in the laws of the Alemanni, Linde brog, Codex Legum Antiquarum,' 1613, p. 387, ` Lex Aleman.' c. 92; though by the law of the Alemanni the husband took the inheritance under circumstances simi lar to those that establish the title to a life estate only in the English law. This title of the husband's tenancy of the estates of his wife depends upon a valid marriage, the seisin of the husband and wife in right of the wife during marriage of the same estate respecting which courtesy is claimed, issue born alive during the wife's life which is capable of inheriting, and the previous death of the wife. Lands held by the wife deseenclible

only to her sons would not, in case of the birth of a daughter, be subject to this claim of the husband ; nor would a child brought into the world by the caesarean operation, after the mother's death, esta blish it. It differs from the similar right of the wife to dower in several respects. [DowF.R.1 By the custom of Gavclkind, a man may be tenant by the courtesy with out having had issue by his wife ; but he has only half of the lands, and he loses them if he marries again. There is no tenancy by the courtesy of copyhold lands except by special custom, and the customs are various. (Cruise, Digest 1. Copyhold.')