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Legal Definitions - coparcener

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Definition of coparcener

Definition: A coparcener is a person who inherits an estate jointly with others and holds it as a single estate. They become a concurrent owner as a result of descent. They are also known as parceners or coparticeps.

For example, if a man dies and leaves his property to his two daughters, they become coparceners. They both have equal rights to the property and hold it as a single estate. If one of the daughters dies, her share of the property will pass to her heirs or devisee, not to the surviving daughter. However, the unity of possession continues.

Coparceners have unity of title, interest, and possession, like joint tenants. But their estate is not subject to the doctrine of survivorship, like tenants in common. This means that if one of the coparceners dies, their share of the property does not automatically pass to the surviving coparceners. Instead, it passes separately to their heirs or devisee.

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Simple Definition

Term: Coparcener

Definition: A coparcener is a person who inherits an estate jointly with others and holds it as a single estate. They are like joint tenants in that they have unity of title, interest, and possession, but like tenants in common, their estate is not subject to the doctrine of survivorship. This means that if one coparcener dies, their share passes separately to their heirs or devisee, not to the surviving coparceners. Coparceners are considered a single heir and occupy a position between joint tenants and tenants in common.

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