Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/205

 Ch. 12. purchae, but decent. In hort, whenever an etate in joint-tenancy or coparcenary is diolved, o that there be no partition made, but the unity of poeion continues, it is turned into a tenancy in common.

in common may alo be created by expres limitation in a deed: but here care mut be taken not to inert words which imply a joint etate; and then if lands be given to two or more, and it be not joint-tenancy, it mut be a tenancy in common. But the law is apt in it's contructions to favour joint-tenancy rather than tenancy in common ; becaue the diviible ervices iuing from land (as rent, &c) are not divided, nor the entire ervices (as fealty) multiplied, by joint-tenancy, as they mut necearily be upon a tenancy in common. Land given to two, to be holden the one moiety to one, and the other moiety to the other, is an etate in common ; and, if one grants to another half his land, the grantor and grantee are alo tenants in common : becaue, as has been before oberved, joint-tenants do not take by ditinct halves or moieties; and by uch grants the diviion and everalty of the etate is o plainly expreed, that it is impoible they hould take a joint interet in the whole of the tenements. But a devie to two perons, to hold jointly and everally, is a joint-tenancy; becaue that is implied in the word "jointly," even though the word "everally" eems to imply the direct revere : and an etate given to A and B, equally to be divided between them, though in deeds it hath been aid to be a joint-tenancy, (for it implies no more than the law has annexed to that etate, viz. diviibility ) yet in wills it is certainly a tenancy in common ; becaue the devior may be preumed to have meant what is mot beneficial to both the deviees, though his meaning is imperfectly expreed. And this nicety in the wording of grants makes it the mot uual as well as the afet Rh