No. LXI. Conveyance of the next or other Turn, or Right of Variations where it is for two or more Turns, if Where for alternate Turns. Also where the Advowson is Presentative, Collative, or PUBCHASES. Next Presentation. This can- (1) See as to the legality of granting the next presentation to an advowson, Vol. II. p. 1, n. (1). Fearn. P. Wks. 404. 3 Cru. Dig. 34. 1 Elem. Conv. 2nd edit. p. 76. 4 ib. 511. not be granted during the avoidance of the church. 282. Leon. 167. Cro. Eliz. 173. 4 Elem. Conv. 511. The next or other right of presentation to a church being but a chattel interest, 2 B. C. 386, is not within the statute of 27 Hen. 8, c. 16, nor of the statute of uses, Hitchins v. Stephens, T. Jones 232; if, therefore, it be made by bargain and sale, it will be good without enrolment, but its operation will be as a conveyance at the common law, and not by the statute of uses. How to be conveyed. (2) If the grant be of several turns, and the wife of the grantor Wife. have a title to dower out of the advowson, make her a party, and vary the draft agreeably to Vol. II. No. XXXI. See also Vol. I. No. IX. PURCHASES. one part, and (the purchaser) of &c. Next of the other part, WHEREAS the said (patron) Presentation is seised of the advowson or sole right of patronage of the rectory and parish church of Recitals. WITNESS, that in consideration in the county of of the purchase NESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of £ money. of lawful money of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (patron) in hand well and truly paid by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof, and that the same is in full for such purchase as aforesaid, the said (patron) doth hereby acknowledge, [and of and from the Life or years. (1) Or, (if the vendor have an estate for life, &c. only) "The right of presentation thereto, when and so often as the same shall or may become void, during the life of the , &c. or during the said term," as the case said may be. Next Presentation. grants, &c. same doth acquit, release, discharge, and exo- PURCHASES. nerate the said (purchaser) his executors, administrators, and assigns, and every of them, as well by these presents as by the receipt or acknowledgment for the same sum hereupon indorsed.] He the said (patron) HATH given, granted, bar- The patron gained, sold, and assigned (1), and by these presents DOTH give, grant (2), bargain, sell, and confirm unto the said (purchaser), his executors, administrators (3), and assigns, ALL that the first or next turn, avoidance, or right of donation, nomination, presentation, and free disposition of and to the advowson, rectory, parsonage, or parish church of in the said county of whenever the same shall first and next (4) after the words. (1) The next presentation to a church being but a chattel in- Operative terest, the word "assign," is sometimes, and without impropriety, added to those here used. (2) In a grant this is the proper and technical word, Co. Lit. Ibid. 147; but any other word clearly expressing the intention of the party will operate as a grant, see Holmes v. Sellers, 3 Lev. 305. This word passes no greater estate than the grantor has in the premises, if therefore he have nothing, nothing passes, although he should have it afterwards, see Perk. s. 65; Gilb. Ten. 122; Co. Litt. 251, b. sed vid. Co. Lit. 43, b. where it is said that if A. having nothing in the land execute a lease for years by indenture he is concluded, as to the lessee, to say that he had nothing in the land. (3) A right of presentation being but a chattel interest, must Presentation a be limited to the personal representative of the grantor; see chattel. Co. Lit. 110. 2 Blac. Com. 386. (4) Or the right of presentation may be during a term of Life or years. years, or during the life-time of the vendor or purchaser, in which case it may run thus, "The right of presentation, &c. when and so often as the Next Presentation. PURCHASES. date of these presents happen to become void, by the death, resignation, cession, or deprivation of the said (A. B.) or other the now or present incumbent thereof, or by any other ways or means whatsoever, (other than by promotion of the said present incumbent to a bishopric, as hereinafter is mentioned), and all the rights, privileges, members and appurtenances whatsoever, to the said turn or avoidance belonging, or in any wise appertaining, and all the right, title, and interest of him the said (patron) of, in, and to the said advowson and rectory, as to and concerning the same turn, avoidance, presentation, and premises (1). Alternate. Title deeds. said church shall become void by the death, resignation, or deprivation of the present or any future incumbent thereof, or otherwise howsoever, in the life-time of the said (vendor) or (purchaser), or during the said term of years." Or alternate, as, "The presentation of a fit person to the rectory and parish church of &c. in the manner following, (that is to say), upon the first turn when the said church shall next happen to become vacant, and after such first presentation then upon every alternate turn of the said church, when it shall happen to become vacant, for ever." (1) The subject of the present conveyance being the next presentation only, and not the advowson itself, no grant, it will be perceived, is made of the title deeds, because as the grantor still continues to possess the inheritance of the advowson, he is entitled to retain them upon the same reasonable principle which every other vendor is, who retains a greater portion of an estate than that which he parts with; but as a precaution against the patron or his heirs executing any new grant of the same avoidance, he is sometimes required to deposit the title deeds in the hands of a third person as a trustee for both parties, [TO HAVE AND TO HOLD the said first and next PURCHASES. turn or avoidance, and to have, exercise, and enjoy Next a right of donation, nomination, presentation, and Presentation. free disposition of and to the said advowson, rec- To hold, &c. tory, parsonage, or parish church of aforesaid (1), when the said church shall first and next happen to become void by any way or means whatsoever, other than as aforesaid, unto the said (purchaser), his executors, administrators, and assigns], so and in such manner, and to the end and intent, that it shall and may be lawful for the said (purchaser), his executors, administrators, and assigns, to present such able and fit person (2) as to him or them until the next presentation has been made by the grantee, in which case a short deed of trust, declaring the intent of such deposit, should be prepared and executed at the same time with the present conveyance, for the form of which, see INDEX voc. TRUST; and see Fearn. Post. Wks. 404. (1) If the right of presentation be granted during a term of Life or years. years, or during the life-time of the vendor or purchaser, say, "When and so often as the same shall become void by the death, resignation, or deprivation of the present or any future incumbent thereof, or otherwise howsoever, in the life-time of the said (vendor) or (purchaser), or during the said term." Nominee. Or to a nominee or to nominees, as post, rider (A). p. 28. (2) As it has been holden that the purchase of the next avoid- Simony. ance of a church with a declared intent to present a certain person, and a subsequent presentation of such person accordingly, is simoniacal, care should be taken to avoid expressing an intent to present any person in particular, and see Fearn. P. Wks. 404, 408; and see ante, Vol. I. p. 83. |