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Simple English definitions for legal terms
parcener
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A quick definition of parcener:
A parcener is a person who inherits an estate jointly with others and holds it as a whole. This means that they share ownership of the property with others, but each person has the right to their own portion of the property. For example, if a father dies and leaves his estate to his two daughters, they become coparceners and each own half of the property. If one of the daughters dies, her share of the property will pass to her own heirs or devisee, not to the surviving daughter. Coparceners have unity of title, interest, and possession, but their estate is not subject to the doctrine of survivorship.
A more thorough explanation:
A parcener, also known as a coparcener, is a person who inherits an estate jointly with others and holds it as a single estate. This means that they share equal ownership and have the same rights to the property.
For example, if a father dies and leaves his estate to his two daughters, they become coparceners. They both have equal rights to the property and must make decisions together regarding the property.
It's important to note that coparceners are different from joint tenants and tenants in common. While they have unity of title, interest, and possession like joint tenants, their estate is not subject to the doctrine of survivorship. This means that if one coparcener dies, their share of the property passes to their heirs or devisee, not to the surviving coparceners.