Release of Curtesy Law and Legal Definition

Release of curtesy means a release of a husband's right of curtesy by due execution of a formal release as a part of the spouse's deed of conveyance or encumbrance, or through a joint conveyance by husband and wife, duly executed and acknowledged.

A husband who releases his curtesy in his wife's estate, accepting in lieu thereof an income given him by her will, will be regarded as a purchaser of such income, and not a mere recipient of his wife's bounty, and the income will be subject to the claims of his creditors, notwithstanding the provisions of the will exempt it from such claims. [Bank of Commerce v. Chambers, 96 Mo. 459 (Mo. 1888)].