Curtesy is a husband’s historical right to his deceased wife’s real property under New York’s common law. While this right was abolished, understanding it provides context for the state’s modern spousal inheritance laws, which offer robust protections for surviving spouses.
Understanding Curtesy in New York’s Legal History
Curtesy was a common law doctrine that granted a surviving husband a life estate in all of his deceased wife’s qualifying real property. This right was not automatic and vested only if specific conditions were met. The interest the husband received was a life estate, which meant he could use and benefit from the property for the remainder of his life.
Upon the husband’s death, the life estate terminated, and the property would pass to the wife’s heirs. This right applied specifically to real property, such as land and buildings, in which the wife held an “estate of inheritance” and was intended to provide financial support.
Essential Conditions for Claiming Curtesy
For a husband to historically claim curtesy in New York, a set of legal prerequisites had to be fulfilled. The first condition was a legally valid marriage. A second requirement was the wife’s “seizin” of an inheritable estate in real property during the marriage, meaning she had legal possession, or the right to legal possession, of the property.
The final condition was the birth of a child, born alive during the marriage, who was legally capable of inheriting the wife’s property. It was not a requirement for the child to outlive the mother for the husband’s curtesy right to be established.
The Abolition of Curtesy in New York
The right of curtesy was officially abolished in New York State, effective September 1, 1930. This change was codified in New York Real Property Law § 189.1NYS Open Legislation. N.Y. Real Property Law Section 189 The elimination of curtesy was part of a broader legal reform movement aimed at creating more gender-equitable laws.
During this period, society began to recognize the feudalistic nature of these laws. The simultaneous abolition of dower, the wife’s equivalent right, reflected a legislative effort to modernize inheritance.
Spousal Inheritance Rights in New York Today
New York law provides substantial protections for surviving spouses through a “right of election.” This right, established under Estates, Powers and Trusts Law § 5-1.1-A, ensures a spouse cannot be completely disinherited.2NYS Open Legislation. N.Y. Estates, Powers and Trusts Law § 5-1.1-A It allows a surviving spouse to claim a share of the deceased spouse’s estate, even if the will leaves them a smaller amount or nothing at all.
The elective share is the greater of $50,000 or one-third of the deceased spouse’s net estate. The “net estate” includes not only assets passing through the will but also certain “testamentary substitutes,” such as assets in trusts or joint accounts, to prevent the right from being easily circumvented. To claim this share, the surviving spouse must file a formal notice of election with the Surrogate’s Court, typically within six months of the court issuing documents to the executor.
Beyond the right of election, a surviving spouse has other protections. If a person dies without a will (intestate), the spouse is entitled to a significant portion of the estate under New York’s intestacy laws.3NYS Open Legislation. N.Y. Estates, Powers and Trusts Law § 4-1.1 Spouses also have a right to certain exempt property, including a car up to $25,000 in value, household furnishings, and a cash allowance up to $25,000, which are set aside for the survivor.4NYS Open Legislation. N.Y. Estates, Powers and Trusts Law § 5-3.1