Coparcenary

ESTATES IN. Estates of which two or more persons form one heir. 1 Washb. Real Prop. 414. The title to such an estate is always by descent. The shares of the tenants need not be equal. The estate is rare in America, but sometimes exists. 3 Ind. 360; 4 Grat

ESTATES IN. Be of which two or more persons form one heir. l Washb. EL 1'. -lit. The title to such an estate is always by descent. The shares of the tenants need not be equal. The estate is rare in America, but sometimes exists; Manchester v. Dodd 3 Ind. 360; Pureed v. Wilson, 4 Gratt. (Va.) 16; Rector v. Waugh, IT Mo. 13, 57 Am. Dec. 251; Gilpin v. Hollingsworth, 3 Md. 190, 56 Am. Dec. 737. See Watk. Conv. 115.

A species of estate or tenancy in which there is unity of title, possession and interest. It arises where lands of inheritance descend to two or more persons so that they form one heir. In the United States the estate is not distinguishable from tenancy in common.,

A species of estate, or tenaney, which exists where lands of inheritance descend from the ancestor to two or more persons, It arises in Englund either by common Jaw or particular custom. By common law, as where a person, seised in fee-situple or fee-tail, dies, and his next heirs are two or more females, his daughters, sisters, aunts, cousins, or their representatives; in this case they all inherit, and these coheirs are then called “coparceners,” or, for brevity, “parceners” only. Litt. $§ 241, 242; 2 Bl. Comm. 187. By particular custom, as Where iands descend, as in gavelkind, to all the miles in equal degree, as sons, brothers, uncles, ete. Litt. § 265; 1 Steph. Comm. 319. While joint tenancies refer to persons, the idea of coparcenary refers to the estate. The title to it is always by descent. The respective shares May be unequal; as, for instance, one daughtor and two granddaughters, children of a deceased daughter, may take by the same act of descout, As to strangers, the tenauts’ scisin is a joint one, but, as between themselyes, each is seised of his orker own share, on whose death it goes to the heirs, and not by survivorship. The right of possession of coparcenérs is in common, and the possession of one is, in general, the possession of the others. 1 Washb. Real Prop. *414.

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.

Land is held in coparcenary when there is " unity of title, possession, and interest." It happens when land falls to two or more persons by descent ai intestato; as to two or more women, at common law, or men, in gavelkind tenure; and is subject to courtesy and dower. On alienation by one coparcener, it becomes tenancy in common; there is no right of survivorship, and on the death of one coparcener his heirs hold the same estate in coparcenary as before, v. Common, tenancy in. Joint tenancy.

A species of estate, or tenancy, which exists where lands of inheritance descend from the ancestor to two or more persons. It arises in England either by common law, or particular custom. By common law, as where a person seised in fee simple or fee tail, dies, and his next heirs are two or more females, his daughters, sisters, aunts, cousins or their representatives; in this case they all inherit, and these coheirs are then called coparceners, or, for brevity, parceners only. Litt. sect. 241, 242. 2 JBL Com, 187. By particular custom, as where lands descend, as in gavelkind, to all the males in equal degree, as sons, brothers, uncles, <fec. Id, ibid. Litt, sect. 266. Co, Litt, 163 b. 1 St^h. Com, 319. 2 Crabb's Beal Prop. 931, 932, § 2296. It resembles, in some respects, an estate in joint tenancy, but in others they materially diflfer. 1 S^h. Com, 319. In the United States, it is not distinguishable from tenancy in common. 4 Kent's Com, 367. Lord Coke observes that this tenancy is called in the ancient books adcsquatio, and sometimes /amt/ta herdscunda, an estate to be divided. Co, Litt, 164 b. Both these terms, however, (the former in the feudal, the latter in the civil law,) seem to denote a process for dividing an estate, rather than the estate itself. See Adaquatio, Familia herciseunda,