ABSTRACT

The law's treatment of the survivorship philosophy has made a circle. Its origin has been described to the needs of the feudal system. Common law doctrines display remarkable stability. The intellectual apparatus used in many areas of law, including terminology, basic concepts, and fundamental assumptions, were developed centuries ago. The received history of the law of joint tenancy traces its origin to a sort of medieval conceptualism. Feudal overlords were entitled to certain services which were thought of as issuing from the land of their vassals. The law of joint tenancy has outlasted feudalism and the commercial, industrial, and social revolutions that succeeded it. Long familiarity with joint tenancy as an integral part of the common law of property helps to perpetuate the estate. When the demands of justice or the felt needs of society do not influence the result, the judges sensibly fall back on well-established precedent.