In gifts by will of real estate the word issue is often held to be a word of limitation and not of purchase. Thus, such a gift to A. for life and after his decease to his issue gives to A. an estate tail (g), and before 1838 this construction was held to apply notwithstanding that the gift to the issue contained words of distribution indicating that the issue were to take concurrently, such as "equally," "share and share alike," or "as tenants in common "; but words of distribution indicating that the issue are to take concurrently are sufficient indication in wills made or republished on or after the 1st January, 1838, that the issue are to take by purchase (h). The rule that "issue" is primâ facie a word of limitation has no application to personal estate (i).

Requisitions.

1. It appears from the abstract that the proposed mortgagors are the three out of the nine children of A. B., deceased, who survived him. A statutory declaration must be supplied showing that there were at the time of the testator's decease no issue of any of his children in existence.

2. Under the bequest of the leaseholds to A. for life and. after his decease to his issue, it would seem that all the issue of A. living at the testator's death are entitled as joint tenants, and issue born subsequently, but before the death of A., would be admitted along with them. A proper pedigree must be furnished to the purchaser in order to enable him to discover who are the persons now entitled to the leaseholds.

JOINT ACCOUNT CLAUSE.
See MORTGAGES.

(g) Roddy v. Fitzgerald, 6 H. L. C.

23.

() Wills Act, 1837 (7 Will. 4 & 1 Vict. c. 26), s. 28; Montgomery_v. Montgomery, 3 Jo. & Lat. 47; 8 Ir.

Eq. R. 740; Crozier v. Crozier, 3 D. & War. 353; 2 Con. & L. 309; 5 Ir. Eq. R. 415.

(i) Knight v. Ellis, 2 Bro. C. C. 570.

JOINT STOCK COMPANIES.

See COMPANIES REGISTERED UNDER THE COMPANIES

ACT, 1862.

JOINT TENANTS.

A joint tenancy is that form of ownership which is created by a limitation in a deed or will to two or more persons either expressly as joint tenants or without indicating what kind of joint interests they are to take. All joint tenants are equally interested in the property limited to them, and on the decease of any of them without severing his undivided share, that share survives to the remaining joint tenants or tenant notwithstanding any disposition the deceased joint tenant may have made by will. There is no curtesy or dower in an estate held in joint tenancy.

A joint tenancy in fee simple may be created by deed by a grant to A. and B. and their heirs, or, since the 1st January, 1882, by a grant to A. and B. in fee simple (); and, since the 1st January, 1838, a gift by will of real estate to A. and B. is sufficient to create a joint tenancy in fee (7).

A joint tenancy in tail special may be created by gift to A., B., and the heirs of their bodies, if A. and B. are persons who can possibly intermarry (m); but such a gift to more than two persons, or to two persons who cannot intermarry, will make them tenants in common in tail subject to the joint life estate (n).

A mistake which is sometimes made by persons intending to limit estates in joint tenancy is to devise them to several persons, such as A. and B., and the survivor of them, and the heirs of such survivor. Such a limitation gives to A. and B.

(k) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), 8. 51.

(4) Wills Act, 1837 (7 Will. 4 &

1 Vict. c. 26), s. 28.

(m) Co. Litt. 25 b.

(n) Cook v. Cook, 2 Vern. 545.

joint life estates with a contingent remainder in fee simple to the survivor (o).

When real or personal property was given to husband and wife before the 1st January, 1883, in such terms as would have constituted them joint tenants if they had not been husband and wife, they held not as joint tenants but as tenants by entireties. Such a limitation, however, contained in any deed or will after 1882 creates a joint tenancy (p).

If husband and wife were joint tenants before marriage, they still remained so after marriage, and did not become tenants by entireties (9).

A joint tenancy may be severed and turned into a tenancy in common-(1) by a disposition made by one of the joint owners amounting at law or in equity to an assignment of the share of that owner; (2) by mutual agreement between the joint owners (). It is of importance for a purchaser when taking a conveyance from the survivor or survivors of two or more joint tenants, to ascertain whether any severance of the joint tenancy had taken place in the joint lifetime, and inquiry should be made with a view to throw upon the vendor's solicitor the responsibility of stating that they have no knowledge of any such severance.

Although there may be a limitation in a deed to A. and B. in fee simple so that they are joint tenants at law, they will, in the following cases, be deemed to be tenants in common in equity, namely, (1) where they are mortgagees (s), (2) where they are partners and the property is partnership property (t); (3) where they are purchasers and the purchasemoney has been advanced by them in unequal shares (u). See MORTGAGES-PARTITION-PARTNERSHIP-TENANTS

BY ENTIRETIES-TENANTS IN COMMON.

(0) Vick v. Edwards, 3 P. W. 372; 2 Eq. Abr. 473.

(p) Thornley v. Thornley, (1893) 2 Ch. 229; 62 L. J. Ch. 370; 68 L. T. 199; 41 W. R. 541; 3 R. 311.

(g) Co. Litt. 187 b.

(r) Re Wilks, Child v. Bulmer, (1891) 3 Ch. 59; 60 L. J. Ch. 696; 65 L. T.

181; 40 W. R. 13.

(s) Re Jackson, Smith v. Sibthorpe, 31 Ch. D. 732; 56 L. J. Ch. 593; 56 L. T. 562; 35 W. R. 646.

(t) Co. Litt. 182 a; Partnership Act, 1890 (53 & 54 Vict. c. 39), s. 20. (u) Lake v. Craddock, 2 W. & T. 952; 3 P. W. 158.

Requisitions.

1. The conveyance to A. and B. as joint tenants appears to have been in consideration of 1,000l. paid by A., and 5001. paid by B. Under these circumstances A. and B. were tenants in common in equity, and B.'s heir-at-law must therefore join in the conveyance to the purchaser.

2. Is the vendor or are his solicitors aware of any deed, act, matter or thing, which has operated to sever the joint tenancy of the vendor and A. B., deceased? The certificates of the Inland Revenue Commissioners, showing that the estate duty and succession duty leviable on the death of A. B., deceased, have been paid, must be produced and handed over to the purchaser.

JOINTURE,

A woman is not entitled both to jointure and dower out of her husband's lands (). In order to effectually prevent the wife claiming dower, the jointure must (1) be made before marriage, (2) take effect upon the death of the husband, (3) be for the widow's own life at least or during widowhood, (4) be made to the widow and not to another in trust for her, and (5) be made and expressed to be in satisfaction of dower (y).

If a woman before marriage expressly accepts any provision made in lieu of dower, she will be restrained in equity from claiming dower out of her husband's lands.

See DOWER.

Requisition.

Mrs. B., the widow of A. B., deceased, appears to be entitled to jointure out of, amongst other property, the land contracted to be sold. If she is still alive her concurrence must be obtained. If dead, her death must be proved in the usual way.

(x) The Statute of Uses (27 Hen. 8, c. 10), s. 4.

(y) 2 Blackstone, 138.

JUDGMENTS, WRITS AND ORDERS,
REGISTRATION OF.

No judgment entered up on or after the 29th July, 1864, affects land of any tenure until the land has been actually delivered in execution (); but an order for the appointment of a receiver, is a process of execution within the meaning of this provision (a).

Every such delivery in execution is void as against a purchaser for value unless the writ or order is registered at the Land Registry Office (b). Registration ceases to have effect after five years, but may be renewed from time to time, and, if renewed, has effect for five years from the date of renewal (c).

Judgments entered on or after the 29th July, 1864, can be registered and re-registered at the Central Office of the Supreme Court, but the only advantage of such registration is that, in the event of the judgment debtor dying without having paid the debt, the judgment creditor may secure the preference given to judgment debts in administration (d).

A writ or other process of execution issued upon any such judgment may also be registered in the Central Office (e) ; the only object of such registration is to enable a summary order for sale under the Judgments Act, 1864, to be obtained, as this Act provides in effect that, before any creditor to whom any land of his debtor shall have been actually delivered in execution can obtain such summary order, his writ or other process of execution must be duly registered (e). Inasmuch, however, as the same object may be effected by registration at the Office of the Land Registry, there now

(2) The Judgments Act, 1864 (27 & 28 Vict. c. 112), s. 1.

(a) Re Pope, 17 Q. B. D. 743; 55 L. J. Q. B. 522; 55 L. T. 369; 34 W. R. 693.

(b) Land Charges, Registration, and Searches Act, 1888 (51 & 52 Vict. c. 51), s. 6.

(c) Ibid. s. 5 (3).

(d) 23 & 24 Vict. c. 38, ss. 3, 4; Williams on Executors, 9th edit., pt. 3, bk. 2, chap. 2; Evans v. Williams, 11 L. T. 762; 13 W. R. 423; 11 Jur. (N. S.) 256; 2 Drew. & Sm.

324.

(e) 27 & 28 Vict. c. 112, s. 3.