Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/198

 186 nues. But a devie of one's hare by will is no everance of the jointure: for no tetament takes effect till after the death of the tetator, and by uch death the right of the urvivor (which accrued at the original creation of the etate, and has therefore a priority to the other ) is already veted. 4. It may alo be detroyed, by detroying the unity of interet. And therefore, if there be two joint-tenants for life, and the inheritance is purchaed by or decends upon either, it is a everance of the jointure : though, if an etate is originally limited to two for life, and after to the heirs of one of them, the freehold hall remain in jointure, without merging in the inheritance; becaue, being created by one and the ame conveyance, they are not eparate etates, (which is requiite in order to a merger) but branches of one intire etate. In like manner, if a joint-tenant in fee makes a leae for life of his hare, this defeats the jointure ; for it detroys the unity both of title and of interet. And, whenever or by whatever means the jointure ceaes or is evered, the right of urvivorhip or jus accrecendi the ame intant ceaes with it. Yet, if one of three joint-tenants alienes his hare, the two remaining tenants till hold their parts by joint-tenancy and urvivorhip : and, if one of three joint-tenants releaes his hare to one of his companions, though the joint-tenancy is detroyed with regard to that part, yet the two remaining parts are till held in jointure ; for they till preerve their original contituent unities. But when, by an act or event, different interets are created in the everal parts of the etate, or they are held by different titles, or if merely the poeion is eparated; o that the tenants have no longer thee four indipenable properties, a amenes of interet, an undivided poeion, a title veting at one and the ame time, and by one and the ame act or grant; the jointure is intantly diolved. Rh