Joint Tenancy - Law Dictionary Search Results
Home Dictionary Name: joint tenancy Page: 2Entireties, tenancy by
Entireties, tenancy by. Before the (English) L.P. Act, 1925, where an estate was conveyed or devised to a man and his wife during coverture, they were said to be tenants by entireties, that is, each was said to be seized of the whole estate, and neither of a part. The consequence was, that the husband's con-veyance alone would not have had any effect against his wife surviving him. The husband being seised of the whole estate during coverture either in his own right or jure uxoris, could of course part with that interest; but to make a complete conveyance of all the interests held in entirety, the wife must concur. Tenants by entireties were seised pre tout, and not per my et per tout. As a consequence of this doctrine if lands were given to a husband and his wife and a third person, the husband and wife, being reckoned only as one person, took one-half and the third person the other half; but under s. 37 of the (English) Law of Properties Act, 1925, the husband, wife and third person ...
Estate
Estate [fr. status, Lat.; etat, Fr.], the condition and circumstance in which an owner stands with regard to his property. The word is used in several senses and may denote either an estate in land; or an estate in property other than land; a legal estate or an equitable estate, land being an immovable is capable of being the subject of many estates existing concurrently with each other, thus the absolute ownership or fee simple may be leased and sub-leased, mortgaged and charged, each of the holders of these estates having a good legal or equitable estate at the same time; again, estates may be in possession, or in futuro; personal property may also be subject concurrently to a variety of ownerships, according to its nature; technically, in regard to land, the word is used to denote the quantity of interest, e.g., estate in fee simple, for life, for years, etc., in either legal or equitable estates. In practice its most important division is into real estate and personal estate, altho...
Tenancy by the entirety
Tenancy by the entirety, means a tenancy that is shared by spouses who are considered one person in law and have the rights of survivorship inherent in joint tenancy and that becomes a tenancy in common in the event of divorce, Mays v. Brighton Bank, 832 SW 2d 347....
co-owner
co-owner : one of two or more individuals or entities owning property together (as by joint tenancy, tenancy in common, or tenancy by the entirety) ...
Personal property
Personal property, money, goods, cattle, chattels, stocks, shares, securities, debts, etc., and also leases for years, however long. Personal property is either in possession, or in action, where a man has not the actual occupation of the thing, but only a right to it arising upon some contract, and recoverable by an action at law.Any person may assign personal property, including chattels real, directly to himself and another person or other persons or corporation, by the like means as he might assign the same to another, Law of Property Amendment Act, 1859, s. 21.This was extended by the (English) Emergency Act, 1881, to conveyances of freehold land or choses in action by a husband to a wife or e contra. Now, by the (English) Law of Property Act, 1925, s. 72, a person may convey real or personal property to himself alone.In the case of real property there can be no such thing as an absolute ownership in the subject-matter, i.e., land; the utmost that any one, even an owner in fee sim...
To be distributed in joint equal proportion
To be distributed in joint equal proportion, means when such an expression appears in a Will with reference to legatees, it creates only tenancy-in-common between them and the word 'joint' is not to be considered as giving a joint interest, but the same as if the testator had said 'to my children altogether of it', Ettrike v. Ettrike, 27 ER 426....
Joint tenants
Joint tenants, are those who hold land or tenements by joint tenancy. K.J. Aiyar's Judicial Dictionary, 11th Edn., 1992, p. 644....
joint tenant
joint tenant : one who holds an estate by or in joint tenancy ...
cotenancy
cotenancy pl: -cies : joint tenancy at tenancy ...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
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