coparcener

coparcener (koh-pahr-s[schwa]-n[schwa]r). A person to whom an estate descends jointly, and who holds it as an entire estate; a person who has become a concurrent owner as a result of descent.

— Also termed parcener; (archaically) coparticeps.

“Coparceners constitute a single heir, and they occupy a position intermediate between joint tenants and tenants in common. Like joint tenants they have unity of title, interest and possession; like tenants in common, their estate is not subject to the doctrine of survivorship, and if there are three coparceners and one dies, her share passes separately to her heirs or devisee, not to the survivors, though the unity of possession continues. It follows that unity of time is not necessary to constitute coparcenary, for if a man has two daughters to whom his estate descends and one dies leaving a son, such son and the surviving daughter will be coparceners.” G.C. Cheshire, Modern Law of Real Property 553 (3d ed. 1933).


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