II. An eſtate in joint-tenancy is where lands or tenements are granted to two or more perſons, to hold in fee-ſimple, fee-tail, for life, for years, or at will. In conſequence of ſuch grants the eſtate is called an eſtate in joint-tenancy[1], and ſometimes an eſtate in jointure, which word as well as the other ſignifies a union or conjunction of intereſt; though in common ſpeech the term, jointure, is now uſually confined to that joint eſtate, which by virtue of the ſtatute 27 Hen. VIII. c. 10. is frequently veſted in the huſband and wife before marriage, as a full ſatisfaction and bar of the woman's dower[2].
In unfolding this title, and the two remaining ones in the preſent chapter, we will firſt enquire, how theſe eſtates may be created; next, their properties and reſpective incidents; and laſtly, how they may be ſevered or deſtroyed.
1. The creation of an eſtate in joint-tenancy depends on the wording of the deed or deviſe, by which the tenants claim title; for this eſtate can only ariſe by purchaſe or grant, that is, by the act of the parties, and never by the mere act of law. Now, if an eſtate be given to a plurality of perſons, without adding any reſtrictive, excluſive, or explanatory words, as if an eſtate be granted to A and B and their heirs, this makes them immediately joint-tenants in fee of the lands. For the law interprets the grant ſo as to make all parts of it take effect, which can only be done by creating an equal eſtate in them both. As therefore the grantor has thus united their names, the law gives them a thorough union in all other reſpects. For,
2. The properties of a joint eſtate are derived from it's unity, which is fourfold; the unity of intereſt, the unity of title, the unity of time, and the unity of poſſeſſion: or, in other words, joint-tenants have one and the ſame intereſt, accruing by one and the ſame conveyance, commencing at one and the ſame time, and held by one and the ſame undivided poſſeſſion.
