Advowson - Law Dictionary Search Results
Home Dictionary Name: advowsonAdvowson
Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...
Collative advowson
Collative advowson. See ADVOWSON....
Presentative advowson
Presentative advowson. See ADVOWSON....
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Donative
Donative, a species of advowson, when the king, or any subject by his license, founded a church or chapel, and ordained that it should 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 of the patron's deed of donation without presentation, institution, or induction. This is said to have been anciently the only way of conferring ecclesiastical benefices in England. If the patron once waived the privilege of donation and presented to the bishop, and his clerk was admitted and instituted, the advowson became representative, and was never donative any more. donatives, which did not amount to one hundred in number, were all converted into presentatives by s. 12 of the Benefices Act, 1898 (61 & 62 Vict. c. 48). See ADVOWSON....
Hereditaments
Hereditaments, every kind of property that can be inherited; i.e., not only property which a person has by descent from his ancestors, but also that which he has by purchase, because his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120].Any property that can be inherited; anything that passes by intestacy, Black's Law Dictionary, 7th Edn., p. 730.The enumeration of incorporeal hereditaments in Hale's Analysis (p. 48) is the following:-Rents, services, tithes, commons, and other profits in alieno solo, pensions, offices, franchises, liberties, villains, dignities. But Blackstone enumerates ten principal kinds:-Advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities,...
Indicavit
Indicavit (he has proclaimed), a writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual Court by another clerk for tithes which amount to a fourth part of the profits of the advowson, when the suit belongs to the Common Law Courts, by West. 2, c. 5, 13 Edw. 1, st. 4. The patron of the defendant is allowed this writ, as he is likely to be prejudiced in his church and advowson if the plaintiff recover in the spiritual Court, Reg. Brev. 55....
Restraint on alienation
Restraint on alienation. Although conditions in restraint of alienation of an absolute interest in possession in either real or personal property are generally void on the ground of repugnancy [see Re Dugdale, (1888) 38 Ch D 176, and RE-PUGNANT], gifts of a life estate or of income or apparently of a reversionary interest, Churchill v. Marks, (1844) 1 Coll 441, until alienation or charging, are permissible, if there is a gift over and the gift is properly expressed [see Re Mabbett, (1891) 1 Ch 707, and Trustee Act, 1925, s. 33]. A settlement upon himself by a settlor determining his estate upon bankruptcy is void. As to alienation of advowson, see Benefices Act, 1898 (61 & 62 Vict. c. 48), and ADVOWSONS. As to church property, see Halsb. Laws of England, tit. 'Ecclesiastical Law,' and as to married woman, see ANTICIPATION.A restriction, usu. in a deed of conveyance, on a grantee's ability to sell or transfer real property; a provision that conveys an interest and that, even after inter...
Presentative
Having the right of presentation or offering a clergyman to the bishop for institution as advowsons are presentative collative or donative...
Appendant
Appendant, a thing of inheritance belonging to another inheritance which is more worthy; as an advowson, common, etc., which may be appendant to a manor, common of fishing to a freehold, a seat in a church to a house, etc. It differs from appurtenance, in that appendant must ever be by prescription, i.e., a personal usage for a considerable time, while an appurtenance may be created at this day, for it a grant be made to a man and his heirs of common in such a moor for his beasts levant or couchant upon his manor, the commons are appurtenant to the manor, and the grant will pass them. Co. Litt. 121 b. see APPURTENANCES, COMMON....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial