coparcenary

coparcenary (koh-pahr-s[schwa]-ner-ee), n. An estate that arises when two or more persons jointly inherit from one ancestor, the title and right of possession being shared equally by all. • Coparcenary was a form of coownership created by common-law rules of descent upon intestacy when two or more persons together con-stituted the decedent’s heirs. Typically, this situation arose when the decedent was survived by no sons but by two or more daughters, so that the daughters took as coparceners.

— Also termed parcenary; tenancy in coparcenary. — coparcenary, adj.

“Coparcenary is converted into separate ownership (i) by partition, or (ii) by the union in one parcerner of all the shares, and it is converted into a tenancy in common if one parcener transfers her share to a stranger.” G.C. Cheshire, Modern Law of Real Property 553 (3d ed. 1933).


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