doubtful whether the terms of a grant create an executory interest or a remainder, the estate so created is regarded as a remainder. Read 2 Bl. Comm., pp. 173-175, 334, 335. 2 Cruise Dig., Tit. xvi, Ch. ii, § 28. 6 Cruise Dig., Tit. xxxviii, Ch. xvii, § 1; Ch. xviii, §§ 12, 13. 4 Kent Comm., Lect. lix, pp. 237-247; Lect. lx, pp. 264-271. Will. R. P., pp. 267-271, 293, 294. 2 Wash. R. P., B. ii, Ch. v, Sec. 2, 3; Ch. vii, Sec. 1, § 1; Sec. 2, § 2. CHAPTER IX. OF THE NUMBER AND CONNEXION OF THE TENANTS IN ESTATES IN REAL PROPERTY. § 113. Of Joint and Several Estates. Estates, as to the number and connexion of their tenants, are of three kinds: Estates in Severalty; Estates in Joint-Tenancy; and Estates in Common. An estate in severalty is an estate, both the ownership and possession of which are granted to, or vested in, one person only. An estate in joint-tenancy is an estate granted to two or more persons jointly. An estate in common is an estate vested in one person, but the possession of which is united with that of other estates, held by other persons, in the same property. Read 2 Bl. Comm., pp. 179, 180, 191. 2 Cruise Dig., Tit. xviii, Ch. 1, §§ 1-3; Tit. xx, § 1. 4 Kent Comm., Lect. lxiv, pp. 357, 367. Will. R. P., pp. 123, 127. 1 Wash. R. P., B. i, Ch. xiii, Sec. 1, §§ 1, 2 ; Sec. 3, § 1. § 114. Of Estates in Severalty. An estate in severalty is the usual form of an estate, and all estates are presumed to be in severalty unless the contrary be expressly declared. The owner of such an estate has the entire control thereof, and may enjoy it as he pleases, so long as he does nothing to impair the value of other estates in the same property. Read 2 Bl. Comm., p. 179. 2 Cruise Dig., Tit. xviii, Ch. i, § 2. § 115. Of Estates in Joint-Tenancy. The Four Unities. An estate in joint-tenancy is characterized by the four unities: Unity of estate; Unity of title; Unity of time; and Unity of possession. There is said to be unity of estate, because there is but one estate created, and because, whatever the number of persons to whom such estate is granted, they together constitute but one tenant. There is said to be unity of title, time and possession, because all these persons have their estate by the same act of the same grantor, enter upon its enjoyment at the same time, and possess it together as if they were but one person. All these unities are, however, reducible to the one unity of estate, since every estate is essentially a unit, and presupposes unity of title, time and possession. Read 2 Bl. Comm., pp. 180-183. 2 Cruise Dig., Tit. xviii, Ch. i, §§ 12, 13, 17, 18, 27. 4 Kent Comm., Lect. lxiv, pp. 357, 358. Will. R. P., pp. 123–126. 1 Wash. R. P., B. i., Ch. xiii, Sec. 1, § 6. § 116. Of Estates in Joint-Tenancy. Survivorship. An estate in joint-tenancy is also characterized by the right of survivorship. For an estate, granted to two or more persons as one tenant, can never be without a tenant as long as either of such persons survive. In contemplation of law, therefore, the death of one joint-tenant works no change in the estate. It still inheres in the survivors, to the exclusion of the heirs or representatives of the de ceased co-tenant, and only ceases to exist when, in the last survivor, it becomes an estate in severalty. Read 2 Bl Comm., pp. 183, 184. 2 Cruise Dig., Tit. xviii, Ch. i, §§ 28, 29. 1 Wash. R. P., B. i. Ch. xiii, Sec. 1, §§ 7-10. § 117. Of the Incidents of Estates in Joint-Tenancy. The same unity of estate leads to other rules, viz.: that possession by one joint-tenant is possession by all; that if one purchases an adverse title it accrues to all, if they so elect: that one can neither sue or be sued alone in respect to the joint-estate that the estate is not subject to dower or curtesy, nor can one of the joint-tenants devise his share therein. Read 2 Bl. Comm., pp. 182, 183. 2 Cruise Dig., Tit. xviii, Ch. i, §§ 52, 62, 64. 4 Kent Comm., Lect. lxiv, p. 359. 1 Wash. R. P., B. i, Ch. xiii, Sec. 1, §§ 11-16, 21. § 118. Of the Alienation of Estates in Joint-Tenancy. A joint-tenant may, however, alienate his share of the estate, either to his co-tenants or to a stranger. If to a stranger, the stranger thereby becomes tenant in common with the other joint-tenants; if to a sole co-tenant, he becomes tenant in severalty; if to one of several co-tenants, he becomes tenant in common as to the share aliened and remains joint-tenant as to the rest. Read 2 Bl. Comm., p. 185. 2 Cruise Dig., Tit. xviii, Ch. ii, §§ 10-22. Will. R. P., 1 Wash. R. P., B. i, Ch. xiii, Sec. 1, §§ 17, 18. § 119. Of the Destruction of Estates in Joint-Tenancy. Estates in joint-tenancy may be destroyed by destroying either of the unities of estate, title, or possession; by alienation to a stranger; by voluntary partition; or by vesting in a sole survivor. Read 2 Bl. Comm., pp. 185-187. 2 Cruise Dig., Tit. xviii, Ch. ii. 4 Kent Comm., Lect. lxiv, pp. 363-366. 1 Wash. R. P., B. i, Ch. xiii, Sec. 1, § 22; Sec. 7. § 120. Of Estates in Common. Estates in common are characterized by unity of possession. Though they may have the other unities of time and title, yet these are not necessary, the community of possession being the only essential feature of the estate. The interest of the tenants is not a joint interest. Each has his own separate estate, which he can manage as he pleases provided he does not injure his co-tenants in so doing, and which he can convey by deed or will, or which may descend to his heirs. From this severalty of estate it results that, between tenants in common, there is no survivorship Read 2 Bl. Comm., p. 191. 2 Cruise Dig., Tit. xx, §§ 2, 21, 23. 4 Kent Comm., Lect. lxiv, pp. 367–369. Will. R. P., pp. 127, 128. 1 Wash. R. P., B. i, Ch. xiii, Sec. 3, §§ 1-6, 10-16. § 121. Of the Creation of Estates in Common. cenary. Copar This estate may be created either by grant, devise, descent, or the destruction of one of the unities of a jointtenancy. Any estate, granted to two or more persons, will be considered an estate in common in each, unless it is |