Blankenship v. Blankenship

Tenancy by the curtesy is a development of the common law and in North Carolina the rights of the husband, and limitations thereon, are declared and defined by statute Gr.S. 52-16. It is a right which the husband may forfeit by specified acts of misconduct or which he may release by a separation agreement. Thompson v. Wiggins, 109 N.C. 508, 14 S.E. 301; Garrett v. Kirtley, 97 W. Va. 484; 35 A.L.R. 1526; 49 A.L.R. 148; 15 A. J. 148; 25 C.J.S. 54. A release by the husband of his right of tenancy by the curtesy in his wife’s lands by properly executed contract with his wife is expressly…