persons; they are joint-tenants of them, and the survivor shall have the whole. Lit. S. 281.

Though they are choses in action: as, if a man makes an obligation, covenant, or other contract to divers; they are joint-tenants of the debt, or duty. Lit. S. 282.

Though a chattel real or personal be given to a man in a natural capacity, and to another who has a politick capacity, as a bishop, abbot, &c. for he takes chattels in his natural, and not his politick capacity. Co. L. 190. a. (o) Vide post, (K 2.)

Or, if a chattel real be given to a feme covert and another. R. Pl. Com. 418. b. Vide post, (K 2.)

So there may be joint-tenants of a right: as, if joint-tenants are disseised, they remain joint-tenants of the right. Co. L. 188. a.

If two women take husbands, who alien in fee, and die, the women are joint-tenants of the right. Co. L. 188. a.

If two joint-tenants within age make a feoffment, and one dies; the survivor may enter, or have a dum fuit infra ætatem for the whole. Co. L. 337.b.

And a right of entry and of action may stand in jointure: as, if husband and wife and A. are joint-tenants, and the husband aliens the whole, and dies; this was a discontinuance to the wife, and she had only a right of action, and a desseisin to A. who may enter: yet the wife and A. are joint-tenants of the right. Co. L. 188. a. Vide post, (K 2.)

And joint-tenants of a right shall be joint-tenants again, if they recover. Co. L. 188. a.

women, joint-tenants
Co. L. 188. a.
(his companion being

Though they recover by several actions: as, if of a right, recover by several writs of cui in vita. If joint-tenants, being disseised, one of them summoned and severed) recovers a moiety by one assize, and the other by another assize. Co. L. 188. a.

If joint-tenants and to the heirs of one of them, being disseised, one of them recovers by writ.

If they lose by default, and one of them recovers by writ of right, the other by quod ei deforceat. Co. L. 188. a.

(K 2.) Who are not. Vide post, (K 8.) Chancery, (3 V 4.) Devise, (N 8.)

But if any have lands or tenements by several titles they are tenants in common, and not joint-tenants; or if they are seised in several rights: as, if lands be given to two corporations and their successors.

Or, to two corporations sole, regular or secular, as two abbots bishops, &c. for each is seised in right of his abbey, bishoprick, &c. Lit. S. 296.

(0) 1. The Annotator subjoins, Lord Coke in Co. Litt. 46. b. explains the reason of this to be, that no chattel can go in succession in the case of a sole corporation, no more than a lease for years to one and his heirs, can go to the heirs. - 2. But there are exceptions to this rule; the king is mentioned as one by Lord Coke, Co. Litt. 90. a. ; another is where there is a special custom, as the case of the chamberlain of London, for orphanage monies. Fullwood's case, 4 Rep. 65. a. to which add Arundel's case, Hob. 64, and Co. Litt. 9. a. n. (1). 90. a., and the case of a bond to a lay person by an abbot, in F. N. B. 120. B.

Or,

Or, to two parsons and their successors; and each is seised in right of his several church.

So, if they be given to a man in his natural, and to another in his politick capacity: as to A. and such an abbot, bishop, parson. &c. Lit. S. 297. Vide ante, (K 1.)

To the king and a subject. Co. L. 190. a.

So, if an obligation, &c. be made to A. and a corporation; it does not survive if A. dies. Ley, 82.

If a chattel personal be given to A. and a feme covert. Pl. Com. 418. b. Vide ante, (K 1.) (p)

So, if lands be given to two and the heirs of their bodies: the inheritance in tail is several, and not joint: for of necessity (q) they must have several heirs. Lit. S. 283, 284. Vide ante, (K 1.)

So, if land be given for life, remainder to the right heirs of A. and B.; their heirs are not joint-tenants. Co. L. 188. a.

So, if a remainder be to the heirs males of A. and B. they have several estates tail. R. Cro. El. 220. 1 Leo. 212.

So, if a corody be granted to two and their heirs: this being uncertain in its nature, shall amount to a grant of a several corody to each. Co. L. 190. a. (r)

So, if a man enfeoffs another of a moiety, third part, &c. of his land, without limiting any part in certain; the feoffee shall have it with him in common. Lit. S. 299.

So, if lands given by joint words, are afterwards severed in the habendum; as, a gift to A. and B. habendum a moiety to one and his heirs, and the other moiety to the other and his heirs, they are tenants in common. Lit. S. 298. Vide ante, (K 1.)

So, a lease for life, or years, to two, habendum a moiety to one, and the other moiety to the other. Co. L. 183. b.

Or, habendum to the use of one for life, and afterwards to the use of the other. Semb. 1 Leo. 318.

So, if a man covenants to stand seised to A. and B. equally to be divided, and their heirs; they are tenants in common of the inheritance, as well as of the estate for life. 2 Vent. 365, 366.

If an estate be limited to A. and B. equally divided, or, equally to be divided, it is all one; for they are tenants in common. 2 Vent. 366.

(p) As to husband and wife. Vide Litt. S. 291. 1 Inst. 187. a. in Ch. 1. 2 Blk. 1211. 5 T. R. 652.

2 Vern. 120. Prec.

(g) As the right of survivorship is often attended with hardship and injustice, courts of equity have taken a latitude in construing against joint-tenancies on the ground of intent. Vide 1 Eq. Abr. 294. 3 P. Wms. 158. 2 Ves. 258.

(r) The Annotator subjoins, Lord Coke cites no authority for this. But in 8 E. 4. 17. there is a case which tends to confirm and explain his doctrine as to a corody's not being grantable to more than one. The case arose on grant of a corody by Hen. 6. to two and the longer liver, where one was dead, the question being, whether during the life of the survivor, this was sufficient to justify the prior of Friswith, on whom the corody was chargeable, in refusing a new grantee sent by Edward the fourth. Upon this case Nele, serjeant, argued for the king, that corody which is for one man cannot be given to two, for two men cannot have the maintenance of one man ; and thence he inferred that the grant to the two was void. But the judges distinguished; for they all said, that if the corody be to have certain head and certain service, this may be granted to twenty men, &c., as to have twenty heads or six gallons of ale, &c.; but that a corody to sit every day in the hall of the prior, and to be served as the men of the prior are, this cannot be granted to many, for every one of them would have as much as one had heretofore, which would not be reason, &c.

If a copyhold be surrendered to five to be equally divided, and their respective heirs; they are tenants in common. R. per 2 J. Holt. cont. H. 12 W. 3. inter Fisher and Wigg, 1 Sal. 391. (s)

If a devise be to his younger children share and share alike. R. Ca. Parl. 210.

If a copyhold be granted to three habendum successive. Semb. 1 Leo.

318.

So, if a parcener or joint-tenant conveys his part to A.; he and the other parcener or joint-tenant are tenants in common: for they claim by several titles. Lit. S. 292. 294, 295. 309.

Be the conveyance in fee, in tail, or for life. Lit. S. 300, 301, 302. So, if both parceners, or joint-tenants convey, &c. the feoffees, or grantees are tenants in common. Lit. S. 295. 300.

So, if there be divers joint-tenants, and one of them releases his part to one of his companions; he is tenant in common for that part with his other companions. Lit. S. 304.

So a man may prescribe for him and his ancestors, to hold in common with B. and his ancestors. Lit. S. 310.

So an estate of freehold or inheritance cannot stand in jointure with a term for years: and therefore, if lands are given to A. and B. habendum to one for life, to the other for years; they are not joint-tenants. Co. L.

188.a.

If a devise be to A. till B. attains full age, and then to A. and B. there cannot be a term for years in A. and a freehold to B. and therefore the term shall be merged, and they are joint-tenants immediately. Semb. Cro. El. 532.

So a right of action, or entry, cannot stand in jointure with a freehold, or inheritance, in possession: and therefore, if husband and wife and A. are joint-tenants, and the husband aliens, and dies; the wife and A. are not joint-tenants. Co. L. 188. a. Vide ante, (K 1.)

So, by the custom of merchants, if they, as joint-merchants, have chattels personal or choses in action; they are not joint-tenants of them. Co. L. 182. a. 2 Brownl. 99.

(s) 1. Lord Coke in Co. Litt. 190. b. says, if a verdict find that a man hath duas partes maneri, &c. in tres partes divisas, this shall not be intended to be in common; but if the verdict be in tres partes dividendas, then it seemeth that they are tenants in common by the intendment of the verdict.-2. To which the Annotator subjoins; in a case in the King's Bench during Lord Holt's time, the question was, how the surrender of a copyhold to the use of three sons and two daughters, equally to be divided, and their respective heirs ought to be construed; and this passage of the Coke upon Littleton was much relied on by two of the judges as an authority to shew, that the words equally to be divided' imply a tenancy in common. But Lord Holt, who was for a joint tenancy, observed, that no such matter appears in the case of 21 E. 4. here cited by Lord Coke in the margin as his authority, and that he was not positive therein, but only wrote it as his conjecture. 1 P. Wms. 19, in the case of Fisher v. Wigg, which is also reported in Salk. 391. Com. 88. 92. 12 Mod. 296. and 1 L. R. 622. 3. In the two latter books and in P. Wms. this case is reported very much at large; and as the arguments on each side are very elaborate, it is an authority fit to be resorted to, whereever the doubt is, whether there shall be a tenancy in common or joint-tenancy. also the case of Earl of Anglesea v. Ram, in Dom. Proc. Sept. 1727. Barker v. Gyles, 2 P. Wms. 280, and 3 Bro. P. C. 297. Hall v. Digby, and others 4 Bro. P. C. 224. Hawes, v. Hawes, 1 Wils. 165., and Gaskin v. Gaskin, Cowp. In this last case the word 'equally' was deemed sufficient to create a tenancy in common in a will; and Lord Mansfield declared the opinion of the two judges who differed from Holt, to be the better and more liberal one; and Mr. Justice Aston noticed, that equally to be divided had been adjudged a tenancy in common, even in a deed.

4. See

And

And this extends to shopkeepers, as well as other merchants; for there are four species of merchants, and all within this custom; viz. merchant adventurers, dormant, travelling, and resident. 2 Brownl. 99.

(K 3.) Where a joint estate survives.

If there are joint-tenants in fee and one dies; the survivor shall have the whole in fee: for it is the nature of joint-tenancy, that the survivor shall take the whole if the jointure continues. Litt. S. 280.

So, if there are joint-tenants for life, and one dies; the other shall have the whole by survivorship. (t)

Though there are several inheritances limited upon the estate for life. Lit. S. 283.

So, if one joint-tenant enters into religion, which is a civil death : the other shall have the whole by survivorship. Co. L. 181. b.

And the survivor shall take, though the other devises his part; for the devise does not take effect till the death of the testator; and immediately upon his death, the land survives. Lit. S. 287. Vide Devise, (N 8.21.)

If a woman joint-tenant takes husband, and dies; her estate survives, and does not go to the husband. Co. L. 185. b. Vide Baron and Feme, (E 2.)

So the survivor shall take, though the jointure was severed by a discontinuance, a lease for life, &c. if it be afterwards recontinued, &c. before the death of any of the joint-tenants. Co. L. 193. a.

(K 4.) When not.

But survivorship is the peculiar privilege of joint-tenants. Co. L.

181.a.

And therefore, an estate in parcenary, or in common does not survive.

Though a lease was express to A. and B. and the survivor of them, and afterwards A. grants his part to D. who is thereby tenant in common with B. for expressio eorum, quæ tacite insunt, nihil operatur. Co. L. 191. a. (u)

So a bare trust, or authority, does not survive.

Vide Co. L. 181. b.

(t) The trust of a term in joint-tenancy shall go to the survivor, in equity as well as at law. 2 Vern. 556. 2 P. Wms. 530. Bunb. 342.

(n) 1. Lord Coke, in Co. Litt. 191. a., observes, if lands be letten to two for term of their lives, et eorum alterius diutius viventi, and one of them granteth his part to a stranger, whereby the jointure is severed and dyeth, here shall be no survivor, but the lessor shall enter into the moiety, and the survivor shall have no advantage of these words et eorum alterius diutius viventius viventi,' for two causes, - First, For that the jointure is severed.-Secondly, For that those words are no more than the common law would have implied without them, et expressio eorum quæ tacite insunt, nihil operatur.—2. Mr. Butler subjoins; here Lord Coke speaks only of a joint-tenancy for life; in which case the words and the survivor of them' are merely words of surplusage; as without them the lands upon the death of one joint-tenant go to the survivor. But in the creation of a joint-tenancy in fee care must be taken not to insert these words. For the grant of an estate to two and the survivor of them, and the heirs of the survivor, does not make them joint-tenants in fee; but gives them an estate of freehold, during their joint lives, with a contingent remainder in fee to the

survivor.

6

(K.s.)

(K 5.) If the jointure does not continue. What shall be a severance; what not. Vide Chancery, (S V 5.)

So there never shall be a survivorship, if the estate does not continue in jointure, at the death of him who dies first. Co. L. 188. a. 193. a. And therefore, if one joint-tenant conveys his part to a stranger, or releases to his companion; the jointure is severed, and the estate does not survive. (r)

Though they are joint-tenants in fee, and one of them conveys only for life: for the freehold being severed, the reversion upon it is also severed. Lit. S. 302. (y)

Though his conveyance was only for his own life, which determines at his death, when the survivor ought to take. Semb. Co. L. 193. a.

So, if joint-tenants in fee join in a lease to A. and a corporation sole for life: for now the reversion, depending upon several freeholds, is several. Co. L. 191. b. Vide ante, (K 2.)

So if a wife joint-tenant takes husband, who makes a feoffment, &c. the jointure is severed during the continuance of the discontinuance : for a right of action cannot stand in jointure with a freehold, or inheritance in possession. Vide ante, (K 2.)

So, if joint-tenant for life makes a feoffment, or grant in tail, or lease pur auter vie, which amounts to disseisin, and devests the reversion; the jointure is severed. Co. L. 191. b. And this shall be a forfeiture. Vide Forfeiture, (A 1.)

So, if a joint-tenant within age makes a feoffment: the jointure is severed, though the feoffment was voidable. Co. L. 337.

So, if one joint-tenant levies a fine of the whole; though it be to the old uses. Mod. Ca. 45.

So, if there be two joint-tenants for life, and the one levies a fine sur concessit to A. and dies; his moiety does not survive, but goes to him in reversion. R. Jon. 55.

So, if a lease be to two for their lives; and by another conveyance, the lessor grants the reversion to them and the heirs of their bodies; the jointure is severed; for the estate is executed, and they are tenants in common in tail in possession. Co. L. 182. b. (2) Vide ante, (B 18.)

(r) 11 East, 288.

(y) 1. If, says Lord Coke, in Co. Litt. 192. a., two joint-tenants be, and one maketh a lease for life, this is a severance of the jointure, as Littleton here taketh it, and the lord shall make several avowries upon them.- 2. And Mr. Butler subjoins; upon the death of either of the lessees, one moiety of the estate goes to the surviving lessee or his assignee, and the reversioner may enter upon the other moiety. See Dy. 67. W. Jon. 55. 2 P. Wms. 740.-3. But this is to be understood where the joint-tenants are for life; for if the joint-tenants are in fee, and the jointure is severed, the right of survivorship is wholly taken away, and their shares go to their respective heirs. So if there be joint-tenants of a term of years, and the joint-tenancy is severed, their shares go to their respective personal representatives. See 1 Salk. 158.-4. It should also be observed, that the case put by Littleton supposes the joint-tenant to let his estate for his own life only; for if he let it for a longer term than for his own life, or if he let it for the life of any other person, it is a forfeiture. See 4 Leon. 236.

(z) 1. The Annotator subjoins from Hal. MSS. Vid. Hil. 35 Eliz. B. R. rot. no. 96. Perkins and Peeke, Dy. 12. 41 Ed. 3. 21. 21 H. 6. 40. 40 Ass. 45 Ed. 3. 2.

Hil. 37 Eliz. Dickson v. Marsh, B. R. rot. no. 103. Devise to eldest son and another for life. Held that they are joint-tenants though the fee descends ; but male.—2. He adds, see as to the latter case, Cro. Jac. 260.

So,