Curtesy Or Courtesy

Curtesy Or Courtesy

Scottish Law: Curtesy or Courtesy in the Past

A life-rent given by law to the surviving hushand, of all his wife’s heritage of which she died infeft, if there was a child (see more about this popular legal topic in the U.K. encyclopedia) of the marriage born alive. There is further information on this topic in this legal reference. The child (see more about this popular legal topic in the U.K. encyclopedia) born of the marriage must be the mother’s heir. If she had a child (see more about this popular legal topic in the U.K. encyclopedia) by a former marriage, who is to succeed to her estate, the hushand has no right to the curtesy while such child (see more about this popular legal topic in the U.K. encyclopedia) is alive; so that the curtesy is due to the hushand rather as father to the heir, than as hushand to an heiress, conformable to the Roman law, which gives to the father the usufruct of what the child (see more about this popular legal topic in the U.K. encyclopedia) succeeds to by the mother. Ersk. Pr. L. Scot. B. 2, t. 9, s. 30. Vide Estate by the curtesy. [1][rtbs name=”scottish-law”]

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Notes and References

  1. Partialy, this information about curtesy or courtesy is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including curtesy or courtesy.

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