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See also:COPARCENARY (co-, with,. and parcener, i.e. sharer; from O. Fr. See also:par confer, See also:Lat. partitio, See also:division) , in See also:law, the descent oflands of See also:inheritance from an ancestor to two or more persons possessing an equal See also:title to them . It arises either by See also:common law, as where an ancestor See also:dies intestate, leaving two or more See also:females as his co-heiresses, who then take as coparceners or parceners; or, by particular See also:custom, as in the See also:case of gavelkilad lands, which descend to all See also:males in equal degrees, or in de-See also:fault of males, to all the daughters equally . These co-heirs, or parceners, have been so called, says See also:Littleton (ยง 241), "because by See also:writ the law will constrain them, that See also:partition shall be made among them." See also:Coparcenary so far resembles See also:joint tenancy in that there is unity of title, See also:interest and See also:possession, but whereas joint tenants always claim by See also:purchase, parceners claim by descent, and although there is unity of interest there is no entirety, for there is no See also:jus accrescendi or survivorship . Coparcenary may be dissolved (a) by partition; (b) by See also:alienation by one coparcener; (c) by all the See also:estate at last descending to one coparcener, who thenceforth holds in severalty; (d) by a compulsory partition or See also:sale under the Partition Acts . The See also:term " coparcenary " is not in use in the See also:United States, joint heirship being considered as tenancy in common . |
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