Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/203

 Ch. 12. ded for, and the ret of the inheritance was divided among her other iters. The law of hotchpot took place then only, when the other lands decending from the ancetor were fee-imple; for, if they decended in tail, the donee in frankmarriage was entitled to her hare, without bringing her lands o given into hotchpot. And the reaon is, becaue lands decending in fee-imple are ditributed by the policy of law, for the maintenance of all the daughters; and, if one has a ufficient proviion out of the ame inheritance, equal to the ret, it is not reaonable that he hould have more: but lands, decending in tail, are not ditributed by the operation of law, o properly as per formam doni; it matters not therefore how unequal this ditribution may be. Alo no lands, but uch as are given in frankmarriage, hall be brought into hotchpot; for no others are looked upon in law as given for the advancement of the woman, or by way of marriage-portion. And therefore, as gifts in frankmarriage are fallen into diue, I hould hardly have mentioned the law of hotchpot, had not this method of diviion been revived and copied by the tatute for ditribution of peronal etates, which we hall hereafter conider at large. etate in coparcenary may be diolved, either by partition, which diunites the poeion; by alienation of one parcener, which diunites the title, and may diunite the interet; or by the whole at lat decending to and veting in one ingle peron, which brings it to an etate in everalty.

IV. in common are uch as hold by everal and ditinct titles, but by unity of poeion; becaue none knoweth his own everalty, and therefore they all occupy promicuouly. This tenancy therefore happens, where there is an unity of poeion merely, but perhaps an entire diunion of interet, of title, and of time. For, if there be two tenants in common of lands, one may hold his part in fee-imple, the other in tail, or for life; Rh