Coparcener, Coparcenary

Legal Definition and Related Resources of Coparcener, Coparcenary

Meaning of Coparcener, Coparcenary

common ownership arising by descent as when lands descend on an intestacy to several persons as co-heirs and the persons so inheriting are called coparceceners. under common law , coparcenary arose by descent only and was of two kinds: 1. Coparcenary which took place where an ancestor died intestate leaving two or more females as his co-heiresses. since there is no primogeniture among woman in equal relationship to their ancestor, they took as coparceners, as one heir; and 2. descent by particular custom as in the case of gavelkind lands which descended to all the males in equal degree. Coparceners had a unity though not an equality of interest ; each coparcener was entitled to the whole of a distinct moiety and upon the death of a coparcener his or her heirs would inherit that moiety. The unity of interest meant that they were seized of the estate jointly and severally, although the estate might vest in them at different periods. The distinction between joint tenancy and coparcenary, in addition to the fact that there was no survivorship among coparceners, was that coparceners came about only by descent. However, as in joint tenancy , coparcenary may be dissolved by alienation by one of the parties which destroyed the unity of title , by compulsory partition and by estate descending to one person ultimately.

Related Entries of Coparcener, Coparcenary in the Encyclopedia of Law Project

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Coparcener, Coparcenary in Historical Law

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Legal Abbreviations and Acronyms

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