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it a fee-simple, or other less estate, may be limited after a feesimple. 3d. By this means a remainder may be limited of a chattel interest, after a particular estate for life created in the
24. Why may a devise of freehold commence in futuro ?-173.
Because, a freehold may pass by devise, without corporeal tradition, or livery of seizin.
25. Within what period must an executory devise take effect !—174.
The utmost length of time that has been hitherto allowed for the contingency of an executory devise to happen in, is that of a life or lives in being, and one and twenty years afterward.
26. What is an estate in reversion ?-175.
An estate in reversion is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him. Sir Edward Coke describes a reversion to be the returning of land to the grantor or his heirs after the grant is over.
27. From whence is the doctrine of reversions derived ?–175.
It is plainly derived from the feodal constitution.
28. What are the usual incidents to a reversion ?-176.
Fealty and rent.
29. What is the doctrine of merger ?-177.
Whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate, the less is immediately annihilated ; or, is said, in law phrase, to be merged, that is, sunk or drowned in the greater.
OF ESTATES IN SEVERALTY, JOINT-TENANCY,
COPARCENARY, AND COMMON.
1, Horo may estates, with respect to the number and connections of their owners, be held ?–179.
They are held in four different ways : in severalty, in jointtenancy, in coparcenary, and in common.
2. What is an estate in severalty ?–179.
A tenant in severalty is he that holds lands in his own right only, without any other person being joined or connected with him in point of interest, during his estate therein. 3. What is an estate in joint-tenancy ?-179.
An estate in joint-tenancy is where lands or tenements are granted to two or more persons, to hold in fee-simple, fee-tail, for life, for years, or at will. It is sometimes called an estate in jointure. 4 Horo may this estate be created ?–180.
Its creation depends upon the wording of the deed, or devise, by which the tenants claim title ; for this estate can only arise by purchase or grant, that is, by the act of the parties, and never by the mere act of law.
5 From what are the properties of a joint estate derived ?–180.
From its unity, which is fourfold : the unity of interest, the unity of title, the unity of time, and the unity of possession.
6. What is meant by unity of interest ?–181.
That one joint-tenant cannot be entitled to one period of duration or quantity of interest in lands, and the other to a different.
7. What is meant by unity of title ?-181.
The estates of joint-tenants must be created by one and the bame act, whether legal or illegal; as, by one and the same grant, or by one and the same dis-seizin.
8. What is meant by unity of time ?-181.
The estates of joint-tenants must be vested at one and the same period, as well as by one and the same title.
9. What is meant by unity of possession ?–182.
Joint-tenants are said to be seized per my et per tout, by the half or moiety, and by all; that is, they each of them have the entire possession, as well of every parcel as of the whole.
10. If an estate in fee be given to a man and his wife, are they joint-tenants, or tenants in common 2—182.
They are neither properly joint tenants, nor tenants in common; for husband and wife being considered as one person in law, they cannot take the estate by moieties, but both are seized of the entirety, per tout et non per my; the consequence of which is, that neither the husband nor the wife can dispose of any part without the assent of the other, but the whole must remain to the survivor.
11. What is the doctrine of survivorship?–183, 184,
When two or more persons are seized of a joint estate of inheritance, or are jointly possessed of any chattel interest, the entire tenancy remains to the survivors, and at length to the last survivor. This is the nature and regular consequence of the union and entirety of their interest.
12. Why cannot the king, or any corporation, be joint-tenant with a private person ?-184.
Because the right of survivorship, jus accrescendi, ought to be mutual ; and the private person has not even the remotest chance of being seized of the entirety, by benefit of survivorship, for the king and the corporation can never die.
13. How may an estate in joint-tenancy be severed and destroyed ? --185.
By destroying any of its constituent unities ; as, by merely disuniting the joint-possession, as if joint-tenants agree to part their lands and hold them in severalty, or by destroying the unity of title, as if one joint-tenant alienes and conveys his estate to a third person ; or, by destroying the unity of interest, as if there be two joint-tenants for life, and the inheritance is purchased by or descends upon either, it is a severance of the jointure.
14. Why is a devise of one joint-tenant's share by will, no severance of the jointure ?—186.
Because no testament takes effect till after the death of the testator, and by such death the right of the survivor (which accrued at the original creation of the estate, and has therefore, a. priority to the other,) is already Tested.
15. When is it disadvantageous for joint-tenants to dissolve the jointure ?—187.
In the case of joint-tenants for life, and they make partition ; for though before they each of them had an estate in the whole, for their own lives and the life of their companion, now they have an estate, in a moiety only, for their own lives merely ; and on the death of either, the reversioner shall enter on his moiety.
16. What is an estate in coparcenary ?-187.
An estate held in coparcenary is where lands of inheritance descend from the ancestor to two or more persons. It arises either by common law, or by particular custom.
17. Who are parceners by common law ?-187.
Where a person seized 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 shall all inherit; and these coheirs are called parceners.
18. Who are parceners by particular custom ?-187.
Where lands descend, as in gavelkind, to all the males in equal degree, as sons, brothers, uncles, &c., such coheirs are parceners by particular custom. All the parceners, put together, make but one heir, and have but one estate among them. .
19. What are the properties of estate in coparcenary !-188.
The properties of parceners are in some respects like those of joint-tenants ; they have the same unities of interest, title, and possession ; they may sue and be sued jointly, for matters relating to their own lands; and the entry of one of them shall, in some cases, inure as the entry of them all. 20. In what respects do parceners differ from joint-tenants ?–188.
First, they always claim by descent, whereas joint-tenants always claim by purchase. Secondly, there is no unity of time necessary to an estate in coparoenary. Thirdly, parceners, though they have a unity, have not an entirety of interest. Fourthly, in that they may be constrained to make partition. 21. How may parcenets make partition ?-189.
There are five methods of making it: First, where they agree to divide the lands in equal parts. Second, where they agree to choose some friend to make a partition for them. Third, where the eldest divides, and then she shall choose the last ; for the rule of law is, cujus est divisio alterius est electio. Fourth, where the sisters agree to cast lots for their shares. Fifth, where one or more sue out a writ of partition against the others. 22. What things are in their nature impartible ?-190.
The mansion house, common of estovers, common of piscary uncertain, or any other common without stint, shall not be divided.
23. What becomes of them ?–190.
The eldest sister, if she pleases, shall have them, and make the others a reasonable satisfaction in the other parts of the inheritance ; or, if that cannot be, then they shall have the profits of the thing by turns.
24. What is the law of hotch-pot, incident to this estate ?—190, 191.
It is, in the words of Littleton, as follows: "It seems that this word hotch-pot, is in English, a pudding ; for in a pudding is not commonly put one thing alone, but one thing with other things together.” By this housewifery metaphor, our ancestors meant to inform us that the lands, both those given in frank