Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/196

 184 is not only equal or imilar, but alo is one and the ame. One has not originally a ditinct moiety from the other; but, if by any ubequent act (as by alienation or forfeiture of either) the interet becomes eparate and ditinct, the joint-tenancy intantly ceaes. But, while it continues, each of two joint-tenants has a concurrent interet in the whole; and therefore, on the death of his companion, the ole interet in the whole remains to the urvivor. For the interet, which the urvivor originally had, is clearly not deveted by the death of his companion; and no other peron can now claim to have a joint etate with him, for no one can now have an interet in the whole, accruing by the ame title, and taking effect at the ame time with his own; neither can any one claim a eparate interet in any part of the tenements; for that would be to deprive the urvivor of the right which he has in all, and every part. As therefore the urvivor's original interet in the whole till remains; and as no one can now be admitted, either jointly or everally, to any hare with him therein; it follows, that his own interet mut now be entire and everal, and that he hall alone be entitled to the whole etate (whatever it be) that was created by the original grant.

right of urvivorhip is called by our antient authors the jus accrecendi, becaue the right, upon the death of one joint-tenant, accumalates and increaes to the urvivors; or, as they themelves expres it, "pars illa communis accrecit upertitibus, de perona in peronam, uque ad ultimum upertitem." And this jus accrecendi ought to be mutual; which I apprehend to be the reaon why neither the king, nor any corporation , can be a joint-tenant with a private peron. For here is no mutuality: the private peron has not even the remotet chance of being eied of the entirety, by benefit of urvivorhip, for the king and the corporation can never die. Rh