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Severance of an Estate by Joint Tenancy


SEVERANCE OF AN ESTATE BY JOINT TENANCY. The incidents of survivorship as to estates by joint tenancy- might be put an end to or severed during the lifetime of the joint tenants, as each joint tenant might dispose, in his lifetime, of his share of the lands held in fee simple, by any- of the usual modes of conveyance except by will. But if the tenant died without making such a sale the land went to the survivor or survivors free from his share or moiety. By a sale in the lifetime of a tenant, the share held by him was reg-arded as severed or cut off from the estate, and discharged from the incidents of joint tenancy, and passes to the grantee to be held as a tenancy- in common.

As early as the time of Henry VIII, by statute it was permissible for one tenant to compel his compan ions in joint tenancy and tenancy in common to submit to a partition of the estate between themselves accord ing to the value of their shares, so that each might hold his portion in severalty. This method has been simpli fied and is enforced in the equity courts, the tenants may also make mutual deeds or releases, and thus ap portion the joint estate between themselves in sever alty.