Dower and Curtesy
I started practicing law before there were computers or an Internet. Now we send drafts of agreements to our clients by email.
There is a provision in most separation agreements in which the wife waives her dower rights and the husband waives his curtesy rights.
Almost always the client’s automatic spell checker will say the word “curtesy” in the waiver section should be spelled “courtesy”, and the client will bring this to the lawyer’s attention.
Neither the client nor the spell checker can be blamed, for lawyers speak in arcane and ancient code words that have their roots in olde English, French and Roman law.
Curtesy is the life estate a man inherits, under the common law, on the death of his wife in her real estate, provided they have a child.
Dower is the life estate a woman inherits, under the common law, on the death of her husband in his real estate, provided they have a child.
Tags: curtesy, dower, law, Lawyers, life estate, real estate
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