nues. But a deviſe of one's ſhare by will is no ſeverance of the jointure: for no teſtament takes effect till after the death of the teſtator, and by ſuch death the right of the ſurvivor (which accrued at the original creation of the eſtate, and has therefore a priority to the other[1]) is already veſted[2]. 4. It may alſo be deſtroyed, by deſtroying the unity of intereſt. And therefore, if there be two joint-tenants for life, and the inheritance is purchaſed by or deſcends upon either, it is a ſeverance of the jointure[3]: though, if an eſtate is originally limited to two for life, and after to the heirs of one of them, the freehold ſhall remain in jointure, without merging in the inheritance; becauſe, being created by one and the ſame conveyance, they are not ſeparate eſtates, (which is requiſite in order to a merger) but branches of one intire eſtate[4]. In like manner, if a joint-tenant in fee makes a leaſe for life of his ſhare, this defeats the jointure[5]; for it deſtroys the unity both of title and of intereſt. And, whenever or by whatever means the jointure ceaſes or is ſevered, the right of ſurvivorſhip or jus accreſcendi the ſame inſtant ceaſes with it[6]. Yet, if one of three joint-tenants alienes his ſhare, the two remaining tenants ſtill hold their parts by joint-tenancy and ſurvivorſhip[7]: and, if one of three joint-tenants releaſes his ſhare to one of his companions, though the joint-tenancy is deſtroyed with regard to that part, yet the two remaining parts are ſtill held in jointure[8]; for they ſtill preſerve their original conſtituent unities. But when, by an act or event, different intereſts are created in the ſeveral parts of the eſtate, or they are held by different titles, or if merely the poſſeſſion is ſeparated; ſo that the tenants have no longer theſe four indiſpenſable properties, a ſameneſs of intereſt, an undivided poſſeſſion, a title veſting at one and the ſame time, and by one and the ſame act or grant; the jointure is inſtantly diſſolved.
