Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/193

 Ch. 12., they mut have one and the ame interet. One joint-tenant cannot be entitled to one period of duration or quantity of interet in lands, and the other to a different: one cannot be tenant for life, and the other for years: one cannot be tenant in fee, and the other in tail. But, if land be limited to A and B for their lives, this makes them joint-tenants of the freehold; if to A and B and their heirs, it makes them joint-tenants of the inheritance. If land be granted to A and B for their lives and to the heirs of A; here A and B are joint-tenants of the freehold during their repective lives, and A has the remainder of the fee in everalty: or, if land be given to A and B, and the heirs of the body of A; here both have a joint etate for life, and A hath a everal remainder in tail. Secondly, joint-tenants mut alo have an unity of title: their etate mut be created by one and the ame act, whether legal or illegal; as by one and the ame grant, or by one and the ame dieiin. Joint-tenancy cannot arie by decent or act of law; but merely by purchae, or acquiition by the act of the party: and, unles that act be one and the ame, the two tenants would have different titles; and if they had different titles, one might prove good, and the other bad, which would abolutely detroy the jointure. Thirdly, there mut alo be an unity of time: their etates mut be veted at one and the ame period, as well as by one and the ame title. As in cae of a preent etate made to A and B; or a remainder in fee to A and B after a particular etate; in either cae A and B are joint-tenants of this preent etate, or this veted remainder. But if, after a leae for life, the remainder be limited to the heirs of A and B; and during the continuance of the particular etate A dies, which vets the remainder of one moiety in his heir; and then B dies, whereby the other moiety becomes veted in the heir of B: now A's heir and B's heir are not joint-tenants of this remainder, but tenants in common; for one moiety veted at one time, and the other moiety veted at another. Yet, where Rh