5. Wardship. had any seisin thereof. But if the elder had presented and died without issue, the younger should not have had the advowson, because the presentation put the seisin in the eldest. (1) Though formerly an advowson might be held by knight service, the lord could not grant the wardship of the advowson without deed being derived out of an inheritance that lies in grant and does not pass by livery. (2) Nature of the thing to be conveyed. SECTION III. On the Transfer of Advowsons as affected by Conveyances of the Proprietor. AN advowson is an inheritance incorporeal, of which, according to Lord Coke, a person may be seised; but if it be in gross, not in his demesne, because the inheritance savouring not de domo, cannot serve for sustentation: there are, however, some authorities contradictory to this position; and it is said, if a church be impropriate, the impropriator may plead seisin in his demesne as of fee. (3) It is requisite, however, in order to give seisin to the heir, that he actually present to the ad, vowson, unless such advowson be appendant or appurtenant to a manor of which he has already obtained an actual seisin. (1) therein. A person may have the same estate in an 1. Estate advowson, both in respect of quality and quantity, as in any other real possession; an observation which applies to common law estates, and to those created by statute, So there may be an equitable owner of an advowson, as cestui qui trust, or purchaser before conveyance; but a trustee or mortgagee will have the bare right of presentation and not of nomination. (2) An advowson in gross may be transferred by 2. Nature of every species of conveyance applicable to the conveyance by which transfer of real incorporeal property, according transferred, to the nature of the proprietor's estate in the advowson; and this is true of conveyances by statute, as the statute of uses and the statute of wills, as well as common law conveyances. cited; also, 1 Inst, 29. d. John London v. The Chapter of the collegiate Church of Southwell, Hob. R. 303. (1) Watk. on Des, 3 Ed. 78. (2) Sir Edward Cleer v. | Peacock, Cro. El. 359. 1 Inst. 3. Formali ties requisite in the conveyance. a. Mode of stating the thing conveyed. An advowson appendant being an incident, will pass with its principal, and, therefore, by every conveyance applicable to the transfer of real property corporeal. It may pass by copy of court roll, by reason of the principal thing to which it is appendant. An advowson appendant, in the case of a common person, passes with a manor, or that corporeal hereditament to which it is annexed, by the grant of the manor or corporeal hereditament, although it is not even named in the grant, by the words cum pertinentiis ('); but a demise for years of a manor cum pertinentiis, will not pass an advowson to a lessee, for a spiritual benefice cannot be granted for years or at will, as the freehold thereof might be thereby always in perpetual abeyance, which inconvenience the law will not suffer. (2) So if a person who has an advowson, grants ecclesiam suam, or dispositionem ecclesiæ, or all his tenements or hereditaments, the advowson passes thereby (3), as does the ad 185. cue's V. (1) 1 Inst. 307. a. Stampe | Grant. s. 116. 2 Rol. Abr. v. Clinton, 1 Rol. Rep. 100. Savil v. Savil, Fortes(2) Wats. Cl. L. ch. 15. 170. Rep. 351. Robinson Com. Dig. tit. Adv. c.1. The Tonge, 3 P. Wms. R. 401. case of the Dean and Chapter 3 Bro. P. C. 556. Earl of of Fernes, Dav. Rep. 45. Albemarle v. Rogers, 2 Ves. jun. 477. Kynaston v. Clarke, 2 Atk. R. 206. Ashegell v. Dennis, 1 Leon. R. 191. (8) 1 Inst. 17. b. Colt and Glover v. The Bishop of Coventry, Hob. R. 152. Perk. vowson of a vicarage by the grant of a parsonage, with all the hereditaments thereunto belonging, which latter words are necessary, as by a grant of vicaria sua, or the several parcels of a prebend, with all commodities, emoluments, and appurtenances, the advowson of the vicarage, and the advowson appendant to the prebend would not pass. (') So if the thing conveyed be not expressed by the word advowson, or the equivalent expressions before mentioned, yet if a power is conveyed equivalent to that which would be enjoyed under a grant of the advowson, it is enough; as, if the grant be to one and his heirs that he and his heirs every time the church becomes void, shall nominate to the grantor and his heirs a clerk to be presented to the church, and that the grantor and his heirs shall present to the clerk so nominated, this is a good grant, and he that hath the right of nomination is the only patron of the church, and may maintain a quare impedit in his own name (2); although if the grant had been, that at every avoidance the grantee should nominate to the grantor two clerks, of which he should present one to the bishop, the grantor neverthe (1) Anon. Cro. El. 163. | Anon. Dyer's R. 351. Com. Westfaling Westfaling, Dig. tit. Adv. c. 1. 3 Atk. R. 463. Haslewood v. Pope, 3 P. Wms. R. 322. (2) Smith v. Stapleton, Plowd. R. 435. ch. 10. 90. Wats. Cl. L. Fitz. N. B. 33. Formalities of the conveyance continued. b. The habendum, and the quality and quantity of the estate limited by the habendum. less remains patron, the election being in him which of the parties named shall be presented and have the benefice ('); for grants shall not be taken against the grantor, and yet shall be extended most liberally and beneficially for the grantee. (2) A next presentation cannot be granted to several, jointly and severally, as if a person grants proximam advocationem to two jointly and severally, this word "severally" is void, and they are joint tenants. (3) Things in gross being named after the habendum, cannot pass with the first things specified in the clause of the grant; but things appendant or appurtenant to the premises of the grant may well pass, although the appurtenances are specified after the habendum. (4) In a quare impedit, brought by the king, against the Abbess of Sion, where it appears that Hen. 5. was seised of a manor to which an advowson was appendant, and leased the said manor, by his letters patent, to husband and wife for their lives; afterwards the same king () Moore's Rep. 49. Fitz. | El. 163. Justice Windam's N. B. 33. B. case, 5 Rep. 8. (2) Per Saunders, J. In Throckmorton V. Tracy, Plowd. R. 161. Anon. Cro. (3) Slingsby's case, 5 Rep. 19. Gouldsborough's R. 81. (4) Dod. on Adv. Lect. 7. |