FIFTH AMERICAN, FROM THE FOURTH LONDON EDITION, WITH BY JOSEPH F. RANDOLPH AND WILLIAM TALCOTT OF THE NEW JERSEY BAR. JERSEY CITY, N. J.: FREDERICK D. LINN & CO., LAW PUBLISHERS. Entered according to Act of Congress, in the year 1881, by JOSEPH F. RANDOLPH AND WILLIAM TALCOTT, In the Office of the Librarian of Congress, at Washington. Entered according to Act of Congress, in the year 1881, by FREDERICK D. LINN & CO., In the Office of the Librarian of Congress, at Washington. A CARD. The English publisher of "Jarman on Wills" begs leave to recommend to the American Bar the Fifth American Edition of that work, published by Messrs. F. D. Linn & Co., of Jersey City, N. J. This edition is published from advance sheets of the Fourth English edition, purchased from me, and is the only edition printed or to be printed in the United States from the English advance sheets, or with authority or license from me. Any other American edition will depend upon this or the English edition, when published, for its English text and notes. It is due to the unprecedented enterprise of Messrs. F. D. Linn & Co. that this work reaches the hands of English and American readers simultaneously that it has indeed, in large part, reached the bar of America first. HENRY SWEET. 3 CHANCERY LANE, LONDON W. C., March 2d, 1881 ANALYSIS OF CONTENTS OF VOL. III. NOTE.-The figures refer to the pages of this edition. CHAPTER XXXII. JOINT TENANCY, AND TENANCY IN COMMON. Section I. Joint tenancy, tenancies by entireties, and tenancy in common. 1. Joint tenancy and tenancy in common. 2. Devisees, joint tenants, when. 3. Husband and wife, tenants by entireties, when. take the share of one only. although the bequest create a tenancy in common. Devisees in tail, tenants in common, when. though made joint tenants of the freehold. 4. Devise to "first, second, &c., sons," they take successively. Joint tenancy in chattels. pecuniary legacies and residues of personalty. 5. Rule applies to gifts to children as a class. nor from another gift connected by the word "also." 8. Distinct gifts of same lands to different persons create a joint tenancy. Executory trusts. Section II. What words create a tenancy in common. 9. "To be divided." "In joint and equal proportions." 10. "Equally," "respectively," "severally," "each of their respective heirs," "between," "amongst," "each" of several, "all to have part alike," &c. iii 5655 |