The estate by the curtesy, is a life estate in the real estate of a deceased wife, held by her husband after her death.

A husband is entitled to such estate when there has been issue of such marriage born alive who were capable of inheriting such real estate.

The husband is entitled to curtesy in all lands of which his wife had seisin during the coverture. He is entitled to curtesy where the wife held an equitable estate the same as where she held a legal one. The husband's right to curtesy can be defeated by divorce or by his laches. A divorce a vinculo matrimonii destroyed a husband's right of curtesy.

An estate of curtesy initiate was a vested estate at common law, and could be seized under execution against the husband. Curtesy can be relinquished by an ante-nuptial agreement.

A joint mortgage by husband and wife of wife's land will be binding as against the husband's right of curtesy.

10 O'Brian vs. Rau., 3 Md., 186.

11 l Vol. 6, Sub. 17.

The desertion of wife by husband, even when he lives in adultery with another woman, does not affect his right to curtesy in land of wife. Curtesy becomes a vested right in all lands of which the wife holds seisin, upon marriage and birth alive of issue capable of inheriting.

A husband may lose his right to curtesy by his own negligence or laches in not asserting his rights within a reasonable time, but laches will not be imputed to him nor will his estate be barred until after the death of his wife.

Land held by an estate by the curtesy may be used by the husband in such a way that he may enjoy the reality for any legitimate purpose for which it is adapted. It must, however, be used in such a way that it will revert uninjured to those who are entitled to the succeeding estate.

For a further treatment of curtesy, see subject of Real Property.12