DOWER, CURTESY AND FIXED TERMS 11 



in connection with the dwelling house of the widow or with 

 cultivated lands held by her as dower, l even when improved 

 by grantee of husband. 2 



16. Curtesy. Curtesy is the estate to which by com- 

 mon law a man is entitled on the death of his wife, in the 

 lands or tenements of which she was seized in possession 

 in fee simple or in tail during then* coverture, provided 

 they had lawful issue born alive which might have been 

 capable of inheriting the estate. A tenant by the curtesy 

 is entitled to exercise the same rights in the reasonable 

 enjoyment of his estate as may be exercised by any tenant 

 for life. 3 In many of the States of the American Union 

 estates by curtesy have been abolished and in lieu thereof 

 the husband has been given a dower right of the same 

 quality and character as the dower of a wife, which is es- 

 sentially a life estate in one-third of the real estate of which 

 the deceased spouse was seized during the period of the 

 married life. 



17. Tenancy for Years. A tenancy for years is any 

 tenancy which is created for a definite ascertained period, 

 and is ordinarily evidenced by writing. Such a tenancy 

 may embrace any fixed time whether a number of weeks 

 or months or a single year, as well as a definite number of 

 years. "To create an estate for years the lease must be 

 certain or capable of being made certain as to beginning, 

 duration and termination of the term." 4 



18. Tenancy at Will. A tenancy at will in lands is 

 the estate held by a tenant who has the right to remain in 

 possession of the land during the joint wills of himself 

 and the one holding the fee to the land. A tenant at will 

 is in possession by right, with the consent of the landlord 

 either express or implied; and he is the owner of the premi- 



1. See Ford v. Erskine, 50 Me. 227; Stevens v. Owen, 25 Me. 94; Mosher v. Mosher, 



15 Me. 371; Kuhn v. Kaler, 14 Me. 409; Shattuck v. Gragg, 23 Pick. (Mass.) 

 88; White v. Willis, 7 Pick. (Mass.) 21, 11 Am. Dec. 132; Fuller v. Watson, 

 7 N. H. 341; Johnson v. Perley, 2 N. H. 56; 9 Am. Dec. 35. 



2. Webb v. Townsend, 1 Pick. (Mass.) 21, 11 Am. Dec. 132. 



3. 12 Cyc. 1013. Armstrong v. Wilson, 60 111. 226; Babb v. Perley 1 Me. 6 (Hus- 



band's interest in trees cannot be taken on execution). Of. Garnett Smelting 

 & Development v. Watts, 37 So. 201 (Ala. 1904.) Dower case. 



4. 24 Cyc. 959. 



