43. By common law a husband is entitled to curtesy, which is an estate for the life of the husband in all the wife's realty, provided the following conditions concur:
(a) Valid marriage.
(b) Issue born alive and capable of inheriting.
(c) Seisin in deed of the wife during coverture.
(d) Death of wife before husband.
44. Curtesy is said to be initiate when issue is born alive, and consummate at the wife's death.
The estate in the wife's realty which the husband acquired by marriage was an estate for their joint lives,24 and the death of either husband or wife terminated it, but the right of the husband in his wife's realty was enlarged, by the birth of issue capable of inheriting, into an estate for the husband's life.25 This was called
338, 19 S. W. 29. And see Gaston v. Wright, 83 Tex. 282, 18 S. W. 576; Pickens' Ex'rs v. Kniseley, 36 W. Va. 794, 15 S. E. 997; Cliffton v. Anderson, 47 Mo. App. 35.
23 l stim. Am. St Law, art 642; Williams, Real Prop. (17th Ed.) Am. note, 373; 1 Washb. Real Prop. (5th Ed.) 346, note; Schouler, Husb. & W. 248;
2 Bish. Mar. Worn. 5.
24 Melvin v. Proprietors, 16 Pick. (Mass.) 161; Polyblank v. Hawkins, 1 Doug. 329. 25 Co. Litt § 30a; Schermerhon v. Miller, 2 Cow. (N. Y.) 439; Adair v. Lott,
3 Hill (N. Y.) 182; Rawlings v. Adams, 7 Md. 26; Foster v. Marshall, 22 N. H. 491; Buckworth v. Thirkell, 3 Bos. & P. 652, note. The husband and wife are seised jointly. Guion v. Anderson, 8 Humph. (Tenn.) 298; Junction R. Co. v. Harris, 9 Ind. 184; Wass v. Bucknam, 38 Me. 356.
"curtesy," or, in the older books, "an estate by the curtesy of England." 26