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XV. Sale

7. If the present or any succeeding incumbent of the said Presentation rectory should at any time hereafter during his incumbency to Parsonage.

Right of pre

siastical pa

If present or succeeding

Repington v. Governor of Tamworth School, 2 Wils. 150 ; 7 B. & incumbent be

Cr. 151.

The right of presenting, when vested, being a chattel, and it sentation being an established rule that a corporation sole cannot take a where eccle- chattel by succession (Fulwood's case, 4 Rep. 64 a, except by tron dies

custom, as by the custom of London a bond to the chamberlain during a va

for orphanage money will pass to the successor, Byrd v. Wilford, cancy. Cr. El. 464, or in the case of the crown), it follows that, where

an advowson presentative is vested in an ecclesiastical person, and he dies during a vacancy, his executor, or, in the case of a bishop, the crown, and not his successor, shall present. Thus where a prebendary, who had the advowson of a rectory in right of his prebend, died during the vacancy of the church, his personal representative was held entitled for that term: Renneīl v. Bishop of Lincoln, 7 B. & Cr. 113, reversing judgment in C. P. 11 J. B. Moore, 139 ; affirmed in the House of Lords, Mirehouse

v. Rennell, 1 M. & Sc. 683; 7 Bligh, 241. Presentation But when a bishop dies, a church being vacant in his life, the of an advow- crown, and not the bishop's executor or administrator, shall on death of present, taking the void turn as part of the temporalities; and bishop. where a tenant by knight service, in capite, with an advowson

appendant, which had become void in his life, died, his heir within age, the King presented, and not the executor or administrator, who would have been entitled if the land had been holden of a subject : Co. Litt. 388 a. But these exceptions are referable to the prerogative, and do not show that the void turn remains parcel of the advowson; for though the Queen omits to present in the one case till she restore to the bishop his temporalities, or in the other till the heir, being of age, obtain his livery, still the presentation for that term remains in the crown: Fitzh. N. B. 33 (N. 0); 7 Bligh, 280.

Another exception, founded on the prerogative, or rather, perhaps, in analogy with the rule as to donatives, is, that when the Queen dies, leaving a church void, her successor shall present, as she is entitled to the temporalities where the prede

cessor died sede vacante. See 7 Bligh, 308. Appointment These cases of advowsons must be distinguished from other in right of rights of appointment which are annexed to an office, for if a office.

person holding an office, in right of which he presents to another office, dies during a vacancy, his successor and not his executor shall appoint to the office, as in the case of exigenter : Scroggs v. Coleshill, Dyer, 175. The reason is, that it is a personal thing annexed to the judge of the Court who is to appoint the officers of the Court; and if the office becomes vacant, and the judge dies, his executor can have nothing to do with the appointment, for it belongs to the judge to appoint the officers of the Court. The office of a judge is not like an advowson, which is a thing that descends, and is capable of being conveyed from one person to another, and the presentation of which is the fruit of the

of the said rectory be created a bishop, whereby the right of XV. Sale presentation to the same rectory may devolve to the crown, Presentation

of Next then the said [purchaser] shall have the first or next turn or to Parsonage. right of presentation to the said rectory, after the crown (d). made a bishop, IN WITNESS, &c. (e).

purchaser to have the next

presentation. advowson: Per Littledale, J., 7 B. & Cr. 165. If the office were an office of profit and saleable, it would perhaps be otherwise.

The mortgagee of an advowson, whether appendant or in Mortgagee gross, has the legal right to present; but, until foreclosure, a

and trustee Court of Equity will compel him to present the nominee of the must present mortgagor : because the mortgagee can make no profit by pre- mortgagor, senting to the church, nor can he account for any value in &c. respect of it to sink or lessen his debt: Mackenzie v.

Robinson, 3 Atk. 559; Jory v. Cox, Pr. Ch. 71; Hungerford v. Clay, 9 Mod. 1; Amherst v. Dowling, 2 Vern. 401. So a trustee must present the clerk of the cestui que trust : 2 Atk. 483; 2 W. Blacks. Rep. 1053. It is obvious therefore that an advowson can only be made available as a security to a mortgagee, or an annuitant, by means of a power of sale.

(d) This being the rule of law on the subject, ante, p. 466, n., As to proit is mentioned on an honourable principle, that the purchaser viding for may be aware of it, and provide accordingly. When it is promotion of

. probable the incumbent will be promoted to a bishopric, and sometimes when it is not probable, it is usual to insert a provision, should that event happen, to make a proportionable deduction from the purchase-money, to be ascertained by two arbitrators, or their umpire; or to re-pay the purchase-money, with interest at five per cent.

(e) Although under an agreement for a next presentation, Stamp. equity would compel the vendor to present the purchaser's nominee, the agreement does not require an ad valorem stamp: Wilmot v. Wilkinson, 9 Dowl. & R. 620; 6 B. & Cr. 506.

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to purchase, All that the estate for life, without impeachment XVII. Sale of

Estate for of waste, of the vendor (6), of and in that messuage or tenement Life or pour and hereditaments with the appurtenances, situate, &c. [de

autre vie. scribe parcels], for the sum of £ 2. The vendor, shall at his own cost, make and deliver to make and

deliver abunto the purchaser, or his solicitor, an abstract of the title to the premises (c).

3. If it shall appear to the satisfaction of the purchaser's If title good, solicitor that the vendor has a good title to an estate for to make con

veyance. his life in the said premises, then the vendor and all other necessary parties shall, on or before the day of now next, convey and assure unto the purchaser, or as he shall direct, the said messuage and premises, for the (d) life of the vendor, free from all incumbrances (e); And, at the And deliver same time, deliver unto the purchaser all the title deeds and title deeds. writings in the possession or power of the vendor, relating to the said premises.

4. The said conveyance shall be prepared by and at the Preparaexpense of the purchaser [continue, ut ante, p. 405].

veyance.

tion of con

ESTATE FOR
OTHER LIVES.

Wife's estate estates pour autre vie has never yet been decided. When a married pour autre vie. woman has a freehold in an estate pour autre vie, either absolutely, or quasi in tail, (not held by statute or otherwise to her separate use, ante, p. 215,) a conveyance by herself and her husband, acknowledged by her, is necessary: Duke of Grafton v. Hanmer, 3 P. Wms. 266, note; Perk. s. 613; Harg. n. Co. Litt. 121 a; 2 Bl. Com. 355 ; 5 Cru. Dig. 200; Wms. n. 2, Saund. 175 f. (3); Gilb. Uses, 40, 244.

(6) If the estate be held for the lives of other persons, say, “ the estate of him the vendor, for the lives of [nominees], freehold

Reference to granted and demised by an indenture, bearing date the lease. day of

18–, and expressed to be made between (lessor], of &c., of the one part, and the vendor (or [lessee], of &c.), of the other part; of and in ALL THAT, &c.”

(c) Here insert any stipulations as to commencement of title, delivery of_requisitions, &c. as may be required, vide ante, Precedents I., II., &c.

(d) "for the lives of the said (nominees], and the (survivors ESTATE POUR and] survivor of them." (e) If held by lease, say,

LEASEHOLD. " But subject to the rent, covenants, conditions, and agree- Subject to ments, reserved and contained in the said indenture of rent and

covenants. lease."

AUTRE VIE.

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XVI. CONTRACT for SALE, by a TENANT IN Tail,

in REMAINDER, of the next PRESENTATION to a
RECTORY in the event of the Tenant in Tail being
entitled in possession on its falling tacant; with
COVENANT to Refund the PURCHASE-Money, in
the event of the Tenant in Tail not so becoming

entitled, &c.

ARTICLES OF AGREEMENT made the day of Parties.

, 18—, BETWEEN (tenant in tail], of the one part, and Recital of [purchaser], of the other part. WHEREAS the said (tenant title to advow in tail] is entitled in tail male general to the advowson in tail in re- or right of patronage and presentation of and to the rectory mainder.

and parish church of in the county of and
in the diocese of

with the appurtenances, in re-
mainder, expectant on the decease of (tenant for life]; AND
WHEREAS the Rev. [incumbent] is the present incumbent of

the said rectory and parish church of and is now of Age of in

the age of years or thereabouts. NOW THESE cumbent.

PRESENTS WITNESS, that in consideration of the sum Agreement to sell next pre

of £- by the said [purchaser] to the said (tenant in
sentation in
case it falls tail], paid at or before the execution of these presents, the
vacant while receipt of which sum of £- — be, the said (tenant in tail],
vendor's es-
tate is in pos- doth hereby acknowledge, He, the said (tenant in tail],
session.

hereby covenants and agrees with the said (purchaser], in
manner following, that is to say :-

1. In the event of the death of the said (tenant for life], in
the lifetime of the said (tenant in tail], and also by death,
resignation, cession, deprivation, avoidance, or otherwise of
the said rectory and parish church of in the lifetime
of him the said (tenant in tail], and after the decease of the
said (tenant for life], he the said (tenant in tail] will sell and
assure unto, and at the expense of the said [purchaser], the
now first and next presentation to the said rectory and parish
church of -, with the appurtenances, for all the now

first and next vacation or avoidance of the same. Purchaser

2. It shall be lawful for the said (purchaser] his executors, may present administrators, or assigns, in the event of the decease of the

said (tenant for life], in the lifetime of the said (tenant in , trust to resign tail], and also of such avoidance as aforesaid of the said in favour of rectory in the lifetime of the said (tenant in tail], and after ono of pur

the decease of the said (tenant for life], by virtue of these

sons or a

chaser's sons,

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