pendant to other divisions of corporeal property, and how the appendancy is affected by were so originally appendant might afterwards become appendant to the other species of corporeal hereditaments which have been enumerated, where unlike the former case they were not originally but secondarily appendant; that is to say, the land to which they became appendant was neither the whole demesne of the person who originally founded the church, nor even the to which the whole circuit out of which the profits of the appendancy church arose. the subsequent changes in the subject belongs. This happened in consequence of the grant of the land parcel of a manor to which the advowson was appendant; but to produce the effect of the advowson passing with such parcel, the land and the advowson must be granted by the same clause in a deed, for if there be a feoffment of an acre of a manor to which an advowson is appendant with the advowson, it will not be appendant to that acre unless it be by deed. (1) So if a messuage is built on a parcel of land to which an advowson was appendant, the advowson becomes appendant to the messuage and demesne land, but if the messuage fall, or is pulled down, the advowson is again appendant to the soil. (2) As where the lord of a manor to which an advowson is appendant conveys one or two acres of the (1) 1 Inst. 122. a. Dod. on Adv. 30. Cr. Dig. tit. Ad. 21. 2 Vin. Abr. 597. Wats. Cl. L. ch. 7. 68. (2) Long and Hemings' case, 1 Leon. R. 207. manor, together with the advowson by the same clause in a deed, the advowson is appendant to such acres ('); but if the grant is of a part of the manor with its appurtenances, without mentioning the advowson, the advowson does not pass (2), but remains with the smallest part, minimá portione, retained by the grantor. (3) But if an advowson be originally appendant to one manor, under which another manor is held, though the manor which holds of the other by way of escheat becomes parcel thereof, yet the advowson is appendant to that only to which it was originally appendant. (4) Where there is a lease of an advowson for life Lease of advowson for with a reservation of the manor, the reversion life. of the advowson remains appendant to the manor; for if a grant is made of a manor or acre with the appurtenances, the reversion of the advowson passes, as it may be appendant to a manor or acre in possession, though the advowson in possession cannot be appendant to the reversion of the freehold of an acre or of a manor (5), which follows from the rule before laid down, namely, that an advowson cannot be appendant to a thing incorporeal as a reversion is. (1) Dod. on Adv. Lect. 10. Bracton. lib. 2. 55. 1 Rol. Abr. 232. (3) Bract. lib. 2. 55. lib. 4. Stew (4) 1 Inst. 122. a. If the owner of a manor to which an advowson is appendant gives one part of a manor with one part of the advowson to one person, a second part of the manor with the second part of the advowson to a second person, and a third part of the manor with the remaining part of the advowson to a third person, yet notwithstanding this division the advowson remains appendant. (') Under the head of advowsons in gross will be seen some remarkable instances in which the law preserves the appendancy, where otherwise, by the operation of law as distinguished from the acts of parties, the appendancy would have been destroyed. SECTION II. On presentative Advowsons in gross. Definition of When an advowson belongs to a person who an advowson possesses no corporeal estate to which it is ap in gross. pendant, it is said to be an advowson in gross, which may therefore be defined to be a right subsisting by itself, belonging to the person, and (1) Tucke v. Dalby, Het. | Case, Hutt. R. 89. Dod, on R. 14. Hartox and Cock's | Adv. Lect. 10. 56. not appendant to any corporeal hereditament whatever. (1) It has been stated that advowsons in their Some adorigin were generally appendant to manors; in vowsons originally in some cases, however, they were originally in in gross. gross. When such was the case, this right originated in an agreement that the builder of a church should be the patron thereof, and have the advowson in him and his heirs, ratione fundationis. Besides this mode of creating advowsons in But most adgross, in many or rather most cases, they origi- vowsons in gross originated in the modes of conveyance made use of nally apby persons who enjoyed advowsons appendant, pendant. and in consequence of the advowson being wholly severed from that corporeal heredita ment. It therefore becomes necessary to consider the manner by which this severance may take place. Created ad vowsons in gross by severance. First. An advowson appendant may become 1. By excep tion in the of a grant an advowson in gross, by an exception of the advowson in the grant of the manor to which it manor. was appendant. As if a lord of a manor grants one acre of the manor, and in the same deed, under a different (1) Hill v. Grange, Plowd. R. 170. 2. By grant of the ad vowson alone. clause, grants the advowson which was before appendant to the manor, the advowson then becomes an advowson in gross. (1) But although an advowson passes with a manor without mentioning the advowson, or saying cum pertinentiis, even if the feoffment of the manor be without deed; yet, if a person be seised of a manor whereunto an advowson is appendant, and makes a feoffment of three acres, parcel of the manor, together with the advowson, to two, to have and to hold the one moiety, together with the moiety of the advowson, to the one and his heirs, and the other moiety, together with the other moiety of the advowson, to the other and his heirs, this cannot be good without deed, for the feoffor cannot annex the advowson to these three acres and disannex it from the rest of the manor without deed. (2) Secondly. The grant of the advowson alone without the conveyance of the corporeal hereditament to which it was annexed will make it an advowson in gross. (3) As where a person seised of a manor or an acre of land to which an advowson is appendant, leases the manor or acre for life, with the exception of the advowson, the advowson is in gross, during the lease, and being in (1) Wats. Cl. L. ch. 7. 68. Dy. R. 48. Fulmerston v. Steward, Plowd. R.103. Perk. on Grants, s. 104. p. 22. (2) 1 Inst. 190. b. |