9,  (a)  Give  full3r  th©  ragpuisites  of  a  d6sd;(b)  ^ive  and
ddfine  tha  f i-^t  principal  'jovsnaiit*  in  d39ds-,  _

10,  (a)  Qi^m  fnllj  th©  ra^Misit^s  of  a  'Tftlid  will;(bhwhat
lair  Qo^mrnn  in  the  eonstrMotion  of  ^ills  di-^posing  of
l^ndsiio)  how  does  this  law  di-?far  ??Tom  the  copttruotioa

of  de@ds»


Txet  th®  first  29  p^9B  in  Cor2)orati©B.
JOINT  ESTATES.  339

JOINT  TENANCIES.
A  JOINT  TENANCY  IS  AN  ESTATE  HELD  BY  TWO  OB  MORE
PERSONS  (NOT  HTTSBAND  AND  WIFE)  IN  A  UNITY  OP  POS-
SESSION, TIME,  INTEREST  AND  TITLE.'

At  the  coniinon  law,  a  joint  tenancy  was  created  by  a  grant
or  deyise  to  two  or  more  persons  in  fee,  or  for  life,  for  years,
or  at  will.  No  words  were  necessary  to  make  tlie  grantees
joint  tenants;  for,  in  the  absence  of  an  expressed  intent  that
the  tenants  should  hold  as  tenants  in  common,  they  took  a
joint  estate.  In  many  of  the  States  this  common  law  rule  has
been  reversed,  and  a  tenancy  in  common  arises,  unless  it  ex-
pressly appears  that  the  grantor,  or  devisor,  intended  to  create
a  joint  tenancy.^

It  was  the  theory  of  the  common  law  that  the  joint  tenants
held  the  land  as  a  unit,  and  not  as  a  number  of  individuals.
In  order  that  a  number  of  persons  should  constitute  this
unit,  it  was  necessary  that  the  same  estate  should  accrue  to
each  by  the  same  instrument,  commence  at  the  same  time,  and
be  held  by  one  and  the  same  undivided  possession.
As  often  expressed,  there  must  be  a  unity  of  title,  time,
interest  and  possession.
L    UNITY  OP  TITLE.
