What is CUJUS EST DIVISIO, ALTERIUS EST ELECTIO?

Whichever [of two parties] has the division, [of an estate,] the choice [of the shares] is the other’s. Co. Litt. 1006. In partition between coparceners, where the division is made by the eldest, the rule In English law is that she shall choose her share last. Id.; 2 Bl. Comm. 189; 1 Steph. Comm. 323.

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