Coparcenary

The estate held where lands of inheritance descend from the ancestor to two or more persons.

Coparceners.

Co-heirs are called coparceners, and parceners: they may be compelled to make "partition." All parceners make but one heir. They have the unities of interest, title, and possession of joint-tenants. No unity of time is necessary; for the heir of a parcener and surviving parcener are coparceners. Parceners always claim by descent; joint-tenants by purchase. They sue and are to be sued jointly. They may not have an action for waste against each other: that can be prevented by partition. Each has a distinct moiety, with no survivorship. Possession being severed by partition, they become tenants in severalty; when one aliens his share they become tenants in common. Where they divide amicably each elects a share by seniority, which is a personal privilege. Under a writ in partition, the sheriff, by the verdict of a jury (or commissioners) divides and assigns the parts. In the old sense, includes males and females; in modern English usage, is limited to females. Of comparatively little practical importance at present. With us, heirs take as tenants in common. See Hotch-pot; Partition; Tenant.