COPAR'CENA'RY (from co- pareenary, from OF. pa reenerie, from pareener, partner, from .ML. partionarins, having a share, from Lat. part itio, share, from pars, portion). An estate in England originating in descent to two or more persons, called thence coparceners or par eeners. 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, where all the sons inherit equally. Although the property remains unsevered, yet each pareener is entitled to a distinct share of it, and consequently there is no benefit of sur vivorship, but the right of each descends to his or her heirs, who are still called copareeners with the surviving original parceners. The rule of descent is also per st it-1)es, so that the heirs of one who has predeceased the common an cestor take only the share which would have come to their immediate ancestor had he or she survived, and thus in England a grandson of the common ancestor will also exclude his own sisters. If one of the eoparceners alienates his
share, the coparcenary is destroyed, and the estate becomes a tenancy in common (q.v.). It may also be destroyed by partition, when the estates become in severalty. This may be effected either by voluntary agreement, or by a suit. in chancery. Such parts of the property as cannot be divided (such as the manor-house, etc.) pass to the eldest sister or her issue, but an equivalent in value is assigned to the remain ing sisters. if the estates in eopareenary are by descent reunited in one person, they become again an estate in severalty.
In the 'United States, where descent is to all the children or to all of a group of heirs equally, without distinction of age or sex. coparcenary was from the beginning a common form of joint ownership of land. At the present time such descendants are usually declared by statute to take the land as tenants in common. See COM MON, TENANCY IN; JOINT TENANCY; DESCENT.