If the wife dies before the husband, his right to curtesy is at once consummate, and his estate vests immediately, without any assignment or other formality.44 Curtesy, having vested in the husband, cannot be defeated by a disclaimer.45

Same - in What Estates

45. The husband has curtesy in the following estates:

(a) In estates of inheritance.

(b) In determinable estates, when they are determined by a shifting use or executory devise, and in all cases until they are defeated.

(c) In equitable estates.

(d) In estates in expectancy, when they vest in posses sion during the wife's life.

(e) In joint estates, except joint tenancies.