New York Estates And Surrogates, Descent And Distribution : Decedents' And Infants' Estates. Surrogates' Practice. Wills -- Forms -- Rules
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45 NEW YORK ESTATES AND SUBROGATES § 50 § 50. Curtesy: In General. — The Statute of Descents provides that it "does not affect . . . tenancy by the curtesy. . . ." ^* Tenancy by the curtesy was a common-law estate and has been adopted in this State without modification.*^ It consists in the right of a surviving husband of a deceased intestate wife to receive during his life the rents, issues and profits of any land of which she died seised, subject to the charge, placed thereon by law, for debt...s contracted by her during her lifetime." If the land is sold to pay such debts of the wife, the husband's interest is the same as to the surplus, after such payment and discharge of the expenses of the sale, as it would have been in any portion of the land not re- quired for such payment and not sold.** Four things, are essential to tenancy by the curtesy: (1) Marriage; (2) Issue of the mar- riage; (3) Death of the wife; and (4) Seisin by the wife, during marriage, of the premises." Marriage.
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