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
45. The husband has curtesy in the following estates:
(a) In estates of inheritance.
(c) In equitable estates.
(d) In estates in expectancy, when they vest in posses sion during the wife's life.