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[001] real seisin remains in suspense until vacancy. 1Then let the donee present, if he
[002] has not transferred the advowson to another, or let the donor do so if he has, and
[003] thus we must proceed where an advowson has been separated from an estate and
[004] is not among its appurtenances. 2Suppose that a gift is made of an estate with the
[005] advowson and before the church falls vacant [or after] the donee is disseised by
[006] the donor or another and the church then falls vacant. The donee shall not present
[007] to the church whose advowson is included in the appurtenances [of his estate] until
[008] he has recovered the estate, the principal thing, and so must he do in many cases,
[009] for3 one may not have seisin of the appurtenances or of a thing accessory before he
[010] has acquired the principal thing.4 The right of advowson sometimes passes with
[011] the corporeal thing, that is, with the estate or tenement to which it is appurtenant,
[012] [sometimes by express words, sometimes without them: by express words, as
[013] where it is said, ‘I give you this estate with all its appurtenances and with the
[014] advowson of the church;’ without them, as ‘I give you this estate with all its
[015] appurtenances without any reservation,’ whether in fee or to farm,]5 [sometimes
[016] it does not], as where6 the donor gives part of the estate, though with all the
[017] appurtenances, and retains part; the advowson is not thereby transferred but will
[018] remain with the donor, though he retains but a small part,7 for an advowson is
[019] not transferred with any portion of an estate unless it is expressly transferred. If a
[020] gift of an estate is made to several, at one time or successively, each receiving a
[021] portion with all the appurtenances, the advowson not being expressly mentioned,
[022] the last feoffee must be preferred to all the others as regards the right of advowson,
[023] unless it is specially excepted,8 this distinction being taken,9 according to some,
[024] whether the donor says, ‘I give you so much land with all its appurtenances
[025] excepting so much of the aforesaid land with the appurtenances’ or ‘reserving to
[026] myself so much land from that land;’ in the first case it seems that the donor
[027] transfers the whole to the donee, that is, the advowson and the other appurtenances,
[028] and thus, when he afterwards excepts a part from that whole, it seems
[029] that the advowson, since it is not specially [re-]transferred with the excepted part,
[030] ought to remain to the donee. But if he says, ‘I give you so much land with all its
[031] appurtenances saving to myself (or ‘retaining’) such part,’ it is apparent that the
[032] advowson ought to remain with the part retained or saved. 10Suppose that a tenement
[033] with the advowson is given to a person ‘until he be provided for;’ if before provision



Notes

1. ‘et’ for ‘ut’

2. New paragraph

3. ‘quia’

4. Infra iii, 220, 239, 240

5. Om: ‘In quo casu ... ad donatarium,’ redundant

6. ‘ut si’

7. Infra 278, iii, 221-2

8. ‘nisi’ (for ‘si’) advocatio specialiter excipiatur,’ from line 24

9. Supra 105, infra 278

10. New paragraph


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