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Free Books / Society / Law / Real Property, Abstracts, Mining Law / | ![]() |
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Section 47. Estates In Coparcenary |
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This section is from the book "Popular Law Library Vol6 Real Property, Abstracts, Mining Law", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
An estate in coparcenary was the joint estate which according to common law, was vested by descent in the heirs of an intestate. Such estates were like tenancies in common in that the doctrine of survivorship did not obtain, but the respective shares of the tenants in coparcenary were inherited by their heirs. The doctrine of coparcenary has never prevailed in this country except in the single state of Maryland.
1 Harrer vs. Wallner, 80 111., 197.
Coparcenary arose where a person who was seised in fee simple or in fee tail died and his next heirs were two or more females, his daughters, sisters, aunts, cousins, or their representatives. It also extended in gavelkind to all the males in equal degree as sons, brothers, uncles, etc. In either of these cases, all the coparcenaries put together made but one heir.
The right of partition first existed in the case of estates of this character.
 
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