The Students Guide to the Law of Real Personal Property

Cover The Students Guide to the Law of Real Personal Property
The Students Guide to the Law of Real Personal Property
John Indermaur
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Q. What is coparcenary ? Gan men be coparceners ?
A. Coparcenary is where two or more form a joint heir. Females always inherit as coparceners ; but males do so only under the custom of gavelkind tenure.
Q. By which modes onay joint tenancy, tenancy in common, and coparcenary, be converted into estates in severalty ?
A. A joint tenancy may be severed by partition (voluntary, REAL AND PERSONAL PROPERTY. 95 or compulsory under the Partition Acts 1868 and 1876) ; by alienation intci- vivos of his
...share by any joint tenant by abso- lute conveyance (which includes a mortgage) without partition, which makes the alienee a tenant in common with the re- maining joint tenants ; by a deed of release to one joint tenant by the others, which gives him an estate in severalty ; by the jus accrescendi ; and by accession of interest, as if there be two joint tenants for life and one obtains the inheritance this severs the jointure. A tenancy in common may be severed by partition (as above stated) ; or by all the titles and shares being united in one person, either by conveyance or descent.

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