Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/192

 180 II. etate in joint-tenancy is where lands or tenements are granted to two or more perons, to hold in fee-imple, fee-tail, for life, for years, or at will. In conequence of uch grants the etate is called an etate in joint-tenancy, and ometimes an etate in jointure, which word as well as the other ignifies a union or conjunction of interet; though in common peech the term, jointure, is now uually confined to that joint etate, which by virtue of the tatute 27 Hen. VIII. c. 10. is frequently veted in the huband and wife before marriage, as a full atisfaction and bar of the woman's dower.

unfolding this title, and the two remaining ones in the preent chapter, we will firt enquire, how thee etates may be created; next, their properties and repective incidents; and latly, how they may be evered or detroyed.

1. creation of an etate in joint-tenancy depends on the wording of the deed or devie, by which the tenants claim title; for this etate can only arie by purchae or grant, that is, by the act of the parties, and never by the mere act of law. Now, if an etate be given to a plurality of perons, without adding any retrictive, excluive, or explanatory words, as if an etate be granted to A and B and their heirs, this makes them immediately joint-tenants in fee of the lands. For the law interprets the grant o as to make all parts of it take effect, which can only be done by creating an equal etate in them both. As therefore the grantor has thus united their names, the law gives them a thorough union in all other repects. For,

2. properties of a joint etate are derived from it's unity, which is fourfold; the unity of interet, the unity of title, the unity of time, and the unity of poeion: or, in other words, joint-tenants have one and the ame interet, accruing by one and the ame conveyance, commencing at one and the ame time, and held by one and the ame undivided poeion. Rh