BT WILL AND-TS8TAMEMT. 165

i^cts of joint-tenancy being very necessary to be understood,
I shall here be somewhat particular in describing it; and
then shew how a joint-tenant may obtain power for devising
his part by will. Joint-tenancy is where two or more per-
tons come to and hold an estate jointly by one title,
and those persons are called joint-tenants, because the
estate is conveyed to them jointly ; as where a man seised
or possessed of an estate in fee-simple, makes a convey-
ance to two or more and their hcArs, or makes a lease to
them for life, or where two or more have a joint estate in a
chattel real or personal, or a joint-estate in a debt, duty,
covenant, contract, &c* it is a joint-tenancy, and the part of
him that dies, goes not to hb heir, executor, or administrator,
but the whole to the survivors or survivor^; and a will
made by a joint-tenant during the continuance of the joint-
tenancy is not a good will, even as to his share of the estate
under the statute of wills, notwithstanding a subsequent
severance of the joint-tenancy by a partition made c^ter the
making of the will and before the testator's death, unless
there be a republication of it after the partition > (2). But as
to joint merchants for the wares, merchandizes, debts, or
duties, that they have as joint-merchants, or partners, the
same shall not survive, but shall go to the executors or ad-
ministrators of him that dieth, by the law of merchants,
which is part of the laws of this realm for the advoncement
fflid continuance of commerce and: tjpade, as being for the
public good K And for the encouragement of husbandry

y 2 Black. Com. 399. ' Co. Litt. 182.

### Language ###
English

### Assessment ###
The text discusses what happens to joint merchants' assets after death, which could be a key question for business owners.

### Query ###
What happens to a merchant's business assets when they die if they are in a partnership?
What happens to a merchant's business assets when they die if they are in a partnership?