In re the Real Estate of Ellis

Speakman, Judge:

The sole question for the decision of the court is whether or not under the law of this State as it existed in 1927 a husband may be a tenant by the curtesy in the lands in which his wife, who died intestate, had a remainder expectant in fee on a prior life estate which did not determine during coverture, or may have any right or interest therein in the nature of curtesy or otherwise.

In so far as the reports show no court of this State has had occasion to consider the rights or interest of a surviving husband under the provisions of the said Act of 1923 (Section 3731 of the…