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S 11. It is said, that if a person be seised of a manor Watf. 67. to which an advowson is appendant, and he grants one or two acres of the manor, una cum advocatione, the advowson will become appendant to such one or two acres ; but the land and the advowson must be granted by the same clause.

$ 12. Where the property of an advowson has been Advowsons in

Gross. once separated from the manor by any legal conveyance, it is then called an advowson in gross; and never can be appendant again, except in a few cases, which will be mentioned hereafter.

§ 13. An advowson appendant may become an ad- Watf. 68. vowson in gross by various means. ist, If the manor to which it is appendant is conveyed away in fee-simple, with an exception of the advowson. 2d, If the advowson is conveyed away without the manor to which it is appendant. 3d, If the proprietor of an advowson ap- id. 69. pendant presents to it as an advowson in grofs.

2 Wood. 63.

$ 14. Where a manor to which an advowson is ap- i Inft. 122 . pendant descends to coparceners, whọ make partition of the manor, with an express exception of the advowfon, it ceases to be appendant, and becomes an advowson in grofs. But if parceners make partition of a manor to which an advowson is appendant without saying any thing of the advowson, it remains in coparcenary, and


of their turn, it is appendant to that part which they have.

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Watf. 69.

S 15. An advowson may, however, cease to be

appendant for a certain time, and yet become again appendant. Thus, if an advowson is excepted in a lease for life of a manor, it becomes an advowson in gross, during the continuance of the lease. But upon the expiration of the lease, it again becomes appendant.

If an advowson is granted for life, and another person enfeoffed of the manor to which it is appen. dant, with the appurtenances in fee-simple, in such case the reversion of the advowson passes; and at the expiration of the first grant, it will again become appendant.

6 Rep. 64 a.

$ 16. If a manor to which an advowson is appen. dant descends to two coparceners, and, upon a parti. tion, the advowson is allotted to one of the coparceners, and the manor to the other, by this means the ad. vowson is become in gross. But if the coparcener to whom the advowson was allotted dies without issue, and without disposing of the advowson, it will go to the other sister, and again become appendant.

Dyer 259 4. and b.

$ 17. An advowson may be appendant for onę turn, and in gross for another. Thus, if a person having an advowson appendant, grants every second presentation for the future to a stranger. The advowson will be in gross, for the turn of the grantee, and appendant for the turn of the grantor.

$ 18. Advowsons S 18. Advowsons are also presentative, collative, Advowsons

Presentative. and donative.

An advowson presentative, is where the patron has 2 Comm. 22. a right of presentation to the bishop or ordinary, and, moreover, to demand of him to institute his clerk, if he finds him canonically qualified,

$ 19. An advowson collative is, where the bishop Collative. and patron are one and the same person; in which case, the bishop cannot present to himself; but he does by the one act of collation, or conferring the benefice, the whole that is done in common cases, by both presentation and institution.

S 20. An advowson donative is, when the king, or Donative.

1 Inst. 314 6. any subject by his licence, doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron, subject to his visitation only, and not to that of the ordinary, and vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction.

§ 21. Lord Coke says, that if the patron of a dona. Idem. tive doth once present to the ordinary, and his clerk is admitted and instituted, the church is by that means become presentative, and shall never after be donative.

$ 22. The existence of an advowfon, like that of How a Seisin

is acquired. every other incorporeal hereditament, being merely in idea, and abstracted contemplation, it is not capable

of a corporeal seisin or possession ; and, therefore, a i Int. 29a. presentation to the church is allowed to be equivalent

to a corporeal seisin of land. But until the church becomes void, it is impossible to acquire any thing more than a feilin in law of an advowson.

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§ 23. A person may be tenant in fee-simple of an advowson, as well as of a piece of land ; in which case, he and his heirs have a perpetual right of presentation to the church.

An advowson may be intailed within the statute De Donis Conditionalibus, being an hereditament annexed to land. It may also be limited to a person for life or years, in possession, remainder, or reversion.

Dower and

§ 24. Where a widow is endowed of a manor to which an advowson is appendant, she becomes entitled to such advowson, and if the church becomes vacant during the continuance of her estate in the manor, she may present to it. And if a widow be endowed of

part of a manor, to which an advowson is appendant, the third part of the advowson shall pass therewith.

Watts, 89.

a third

1 Init. 32 a.

S 25. A woman is also dowable of an advowfon in Huward v. Cavendin, gross, and the assignment shall be of the third presenC1o. Jac. 621. tation to the church.

į Init. siya

Lord Coke says, if a man seised of an advowson in fee maries, his wife, by act in law, acquires a title to the third presentation: then, if the husband grants


the third presentation to a stranger, and dies, the heir shall present twice, the wife shall have the third presentation, and the grantee the fourth ; for in this case it shall be taken, the third presentation which he might lawfully grant.

§ 26. A husband shall be tenant by the curtesy of Inf. 29 a. an advowson, though the church was not void during the coverture ; for although, in this instance, the husband had but a seisin in law, yet as he could by no in. dustry, attain any other seifin, it shall be sufficient. Et impotentia excufat legem.

$ 27. This point was determined in 21 Edw. 3. ; Ab. Tit.

Tenant per le and the case is thus stated by Broke,

Curtesy, pl. 2

In a quare impedit by the king against divers, the defendant made title that the advowson descended to three coparceners, who made partition to present by turns; that the eldest had her turn, and after the second her turn, and he married the youngest and had issue by her, and she died, the church voided, so it belonged to him to present, and did not allege that his wife ever presented, so as she had possession in fact. It was admitted, that he might be tenant by the curtesy by the seisin of the others.

§ 28. Although an advowson become void during Perk. 1. 468. the coverture, and the wife die after the six months past, vide 1 Inft

. before any presentment by the husband, fo that the ordinary presents for lapse to that avoidance; yet the

29 a. n. S.


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