Coparcenary

Coparcenary, an estate in England originating in descent to two or more persons, called thence coparcenars or parcenars. It generally arises under the rule of law which makes the daughters of one dying without male heirs inherit equally, but it may also arise by local custom, as in the case of Gavelkind (q.v.). Although the property remains undivided, yet each parcenar is entitled to a dis- tinct share of it, and consequently there is no benefit of survivorship as in joint-tenancy, but the right of each descends to his or her heirs. The rule of descent is also per stirpes, so that the heirs of one who has predeceased the common ancestor take only the share which would have come to their immediate ancestor had he or she survived, and thus in the rare case of gavelkind a grandson of the common ancestor will also exclude his own sisters. Division may be carried through by voluntary agreement, or by a suit in Chancery. Such parts of the property as cannot be divided (such as the manor-house, &c.) pass to the eldest sister or her issue, but an equivalent in value is assigned to the remaining sisters. These principles resemble closely the law of common property in Scotland, as to which the right of individual management extends only to necessary operations, not to extraordinary use of the subject. Each pro indiviso owner may sell his right, and, except in the case of conjunct rights to husband and wife (which are considered indivisible), may insist on an action of declarator and division. If the subject is naturally indivisible, as a brewery, it may be sold and the price divided. In the case of heirs-portioners in Scotland, also, such things as a peerage, a public office, or a mansion-house with accessories form a præcipuum for the eldest sister. Where the præcipuum comes under a settlement, compensation is generally due to the younger sisters. An Advowson (q.v.) is exercised in turns, according to seniority.

Co-partnery. See PARTNERSHIP.