In the case of a joint tenancy all the tenants have together, in the theory of the law, but one estate in the land and this estate each joint tenant owns conjointly with the other cotenants. All the joint tenants, whether only two or more than two, constitute for some purposes but one tenant, or, as it has been more specifically stated, each joint tenant is regarded as the tenant of the whole for purposes of tenure and survivorship, while for purposes of alienation and forfeiture each has an undivided share only.2 As between themselves each is entitled to a share of the rents and profits.2a

In a joint tenancy there are said by Blackstone to be four unities, to wit, unity of interest, of title, of time, and of possession, or, in other words, joint ten2. Co. Litt. 186a; 1 Preston, Estates, 136; 4 Kent, Comm. 360, note (a); Challis, Real Prop. 368. See, particularly, the exceedingly learned notes by William Green, Esq. in Wythe's Virginia Reports, Appendix, pp. 361, 391.

This is apparently the meaning of the statement in the books that each tenant holds "per my et per tout," whether "my" means

"half," or whether it means "nothing,"-a matter on which there has been a conflict of opinion. See 2 Blackst. Comm. 182; note in Wythe's Reports at p. 393; note in 7 Com. Bench Rep. at p. 455; Challis, Real Prop. (3rd Ed.) 367.

2a. Williams, Real Prop. (21st. Ed.)136; 4 Kent, Comm. 359.

R. P.-40 ants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession.2b Of these, the unity of possession, only, exists in all forms of co-ownership.2c The unity of interest refers to the necessity that all the tenants have interests of the same duration, and accordingly one cannot be joint tenant for life and another joint tenant for years; one cannot be joint tenant in fee simple and the other joint tenant in tail. This requirement is a result of the theory that together they have but one estate.3 The requirement of unity of time involves a necessity that the interests of all the joint tenants should vest at the same time. Thus, at common law, if a conveyance was made to A for life with remainder to the heirs of B and C, and during the continuance of the particular estate B and C die at different times, the heir of B and the heir of C cannot be joint tenants, since their interests do not vest at the same time.4

The requirement of unity of time has been re" garded as not applicable, when the limitations can be

2b. 2 Blackst. Comm. 180. It is said by Mr. Challis that this theory of the four unities has perhaps attracted attention rather by reason of its appearance of symmetry and exactness than by reason of its practical utility, and that it means merely that each joint tenant stands in all respects in exactly the same position as each of the others, and anything which creates a distinction either severs the tenancy or prevents it from arising. Challis, Real Prop. 367.

2c. And even unity of possession, as before suggested, may not exist, as in the case of co-owners in remainder.

3. Co. Litt. 188a; 2 Cruise, Dig.

An estate may, however, be limited to two persons in joint tenancy for less than a fee, as for their lives, with remainder to one of them in fee, in which case, if he who has the fee dies first, the survivor, by right of survivorship, has the whole property for the balance of his life, or they may have a joint tenancy for their lives, with several inheritances. 2 Blackst. Comm. 181, and Chitty's note; Litt. Sec.Sec. 283, 285; Co. Litt. 188a; 4 Kent, Comm. 357; 24 Hals-bury's Laws of England, 202 note.

4. Co. Litt. 188a; 2 Blackst. Comm. 181.

- The doctrine of survivorship. The leading characteristic of joint tenancy is the fact that, on the death of one joint tenant, the other joint tenant or tenants who may survive him, if it is an estate of inheritance, have the whole estate. Thus, if there are three joint tenants, on the death of one the two survivors have the whole, and, on the death of one of these

5. Samme's Case, 13 Co. Rep.

56; Hales v. Risley, Pollexf. 373;

Sugden's Gilbert on Uses, 135 note 10; 2 Preston, Abstracts 67.

6. 2 Jarman, Wills, 1118; Fearne, Cont. Rem. 313; Oates v.

Jackson, 2 Strange 1172; Ken-worthy v. Ward, 11 Hare, 196.

6a. See Lewin, Trusts, (12th Ed.), 186, citing Lake v. Gibson, 1 Eq. Cas. Abr. 291; Rigden v. Vallier, 3 Atk. 291.

Real Property.

[Sec. 191 survivors, the last survivor has the whole, and, on the death of this last survivor, the whole passes to his heirs, or to his personal representatives, if it is a leasehold estate.7 This doctrine of survivorship appears to be the result of, or at least associated with, the theory that the joint tenants together own but one estate, a theory which, rigidly applied, would recognize no distinct interest in one to pass on his death to his heirs or devisees, his claim being, as against the others, merely extinguished in that case.

The right of the survivor to succeed to the interest of a deceased joint tenant takes precedence of any devise made by the latter,8 nor can it usually be affected by any charge placed by the latter on his interest, or by a grant by him of a right of use or profit.9 It may, however, be destroyed at the option of either joint tenant by a "severance" of the tenancy, as hereafter explained.10

In some states the doctrine or incident of survivorship has been expressly abolished by statute.11-15 In North Carolina the statute abolishing survivorship has been construed not to apply to a gift to two or more persons for life,16 while in Pennsylvania, it is held to apply only in so far as the language of the devise or conveyance fails to indicate an intention to create a right of survivorship.17 In the latter state,

7. Litt. Sec. 280; 2 Blackst. Comm. 183; 4 Kent, Comm. 360.

8. Litt. Sec. 287; Co. Litt, 185b; 4 Kent's Comm. 358; Swift v. Roberts, 1 Wm. Bl. 467, 2 Ambl. 617; Wilkins v. Young, 144 Ind. 1, 55 Am. St. Rep. 1G2, 41 N. E. 68; Bassler v. Rewodlinski, 130 Wis. 26, 7 L. R. A. (N. S.) 701, 109 N. W. 1032; Duncan v. Forrer, 6 Binn. 193.