Sr. It is faid, that if a person be seised of a manor Wats. 67. to which an advowfon is appendant, and he grants one or two acres of the manor, una cum advocatione, the advowfon will become appendant to fuch one or two acres; but the land and the advowfon must be granted by the fame clause. Grofs. S 12. Where the property of an advowfon has been Advowfons in once feparated from the manor by any legal convey ance, it is then called an advowson in gross; and never can be appendant again, except in a few cafes, which will be mentioned hereafter. § 13. An advowfon appendant may become an ad- Watf. 68. vowfon in grofs by various means. 1ft, If the manor to which it is appendant is conveyed away in fee-fimple, with an exception of the advowfon. 2d, If the advowfon is conveyed away without the manor to which it is appendant. 3d, If the proprietor of an advowfon appendant presents to it as an advowfon in grofs. Id. 69. 2 Wood. 63. § 14. Where a manor to which an advowfon is ap- 1 Inft. 1224. pendant defcends to coparceners, who make partition of the manor, with an express exception of the advowfon, it ceases to be appendant, and becomes an advowfon in grofs. But if parceners make partition of a manor to which an advowfon is appendant without faying any thing of the advowfon, it remains in coparcenary, and yet in every of their turn, it is appendant to that part which they have. Watf. 69. 6 Rep. 64 a. Dyer 259 4. and b. § 15. An advowfon may, however, cease to be appendant for a certain time, and yet become again appendant. Thus, if an advowfon is excepted in a leafe for life of a manor, it becomes an advowfon in grofs, during the continuance of the leafe. But upon the expiration of the leafe, it again becomes appendant. If an advowfon is granted for life, and another perfon enfeoffed of the manor to which it is appendant, with the appurtenances in fee-fimple, in fuch cafe the reverfion of the advowfon paffes; and at thẹ expiration of the first grant, it will again become appendant. § 16. If a manor to which an advowfon is appendant defcends to two coparceners, and, upon a parti tion, the advowfon is allotted to one of the coparceners, and the manor to the other, by this means the advowfon is become in grofs. But if the coparcener to whom the advowfon was allotted dies without iffue, and without difpofing of the advowfon, it will go to the other fifter, and again become appendant. § 17. An advowfon may be appendant for one turn, and in grofs for another. Thus, if a person having an advowfon appendant, grants every fecond presentation for the future to a stranger. The advowfon will be in grofs, for the turn of the grantee, and appendant for the turn of the grantor. § 18. Advowfons § 18. Advowfons are alfo prefentative, collative, Advowfons and donative. Prefentative. An advowfon prefentative, is where the patron has 2 Comm. 22. a right of presentation to the bifhop or ordinary, and, moreover, to demand of him to inftitute his clerk, if he finds him canonically qualified. § 19. An advowfon collative is, where the bifhop Collative. and patron are one and the fame perfon; in which cafe, the bishop cannot prefent to himfelf; but he does by the one act of collation, or conferring the benefice, the whole that is done in common cafes, by both presentation and inftitution. 20. An advowfon donative is, when the king, or any fubject by his licence, doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron, subject to his visitation only, and not to that of the ordinary, and vefted abfolutely in the clerk by the patron's deed of donation, without. prefentation, inftitution, or induction. § 21. Lord Coke fays, that if the patron of a dona- Idem. tive doth once prefent to the ordinary, and his clerk is admitted and inftituted, the church is by that means become prefentative, and fhall never after be donative. § 22. The existence of an advowfon, like that of every other incorporeal hereditament, being merely in idea, and abstracted contemplation, it is not capable How a Seifin is acquired. I Inft. 29 a. What Eftate may be had in. Dower and Watts, 89. I Inft. 32 a. Howard v. Cavendith, C10. Jac. 021. I init. 579. of a corporeal feifin or poffeffion; and, therefore, a presentation to the church is allowed to be equivalent to a corporeal feifin of land. But until the church becomes void, it is impoffible to acquire any thing more than a feifin in law of an advowson. § 23. A perfon may be tenant in fee-fimple of an advowfon, as well as of a piece of land; in which case, he and his heirs have a perpetual right of prefentation to the church. An advowfon may be intailed within the ftatute De Donis Conditionalibus, being an hereditament annexed to land. It may alfo be limited to a perfon for life or years, in poffeffion, remainder, or reversion. § 24. Where a widow is endowed of a manor to which an advowfon is appendant, fhe becomes entitled to fuch advowfon, and if the church becomes vacant during the continuance of her eftate in the manor, fhe may prefent to it. And if a widow be endowed of a third part of a manor, to which an advowfon is appendant, the third part of the advowfon fhall pafs therewith. § 25. A woman is alfo dowable of an advowfon in grofs, and the affignment fhall be of the third prefentation to the church. Lord Coke fays, if a man feised of an advowfon in fee mairies, his wife, by act in law, acquires a title to the third prefentation: then, if the husband grants the the third presentation to a stranger, and dies, the heir shall present twice, the wife shall have the third presentation, and the grantee the fourth; for in this cafe it fhall be taken, the third prefentation which he might lawfully grant. I § 26. A husband fhall be tenant by the curtesy of 1 Inft. 29 a. an advowson, though the church was not void during the coverture; for although, in this inftance, the hufband had but a seisin in law, yet as he could by no induftry, attain any other feifin, it fhall be fufficient. Et impotentia excufat legem. § 27. This point was determined in 21 Edw. 3.; Ab. Tit. and the cafe is thus ftated by Broke, In a quare impedit by the king against divers, the defendant made title that the advowfon defcended to three coparceners, who made partition to present by turns; that the eldest had her turn, and after the fecond her turn, and he married the youngest and had iffue by her, and she died, the church voided, fo it belonged to him to prefent, and did not allege that his wife ever presented, so as fhe had poffeffion in fact. It was admitted, that he might be tenant by the curtesy by the feifin of the others. Tenant per le vide I Inft. 29 a. n. 5. § 28. Although an advowson become void during Perk. 1.468. the coverture, and the wife die after the fix months past, before any presentment by the husband, fo that the ordinary prefents for lapfe to that avoidance; yet the husband |