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[001] of the rector, or if he surrenders it, which, so it seems, he cannot do except in fraud
[002] of the giver. If he does so, it would have to be ascertained whether he did it fraudulently
[003] or of necessity and for good reason. If fraudulently, his resignation is without
[004] effect. If compelled by necessity or for some good reason, it could be upheld. But
[005] what if in his lifetime he demises his term to another and dies within the term. We
[006] must still see whether he has acted of necessity or fraudulently, and after an inquest
[007] has been made judgment will be given accordingly. Suppose that in his will he
[008] bequeaths his term to someone, or leaves it to be disposed of by his executors. We
[009] then must see whether they may bestow the church and present. I do not know why
[010] not, since he who transferred it to farm made no exception at the time of the transfer
[011] and did not impose a law on the transfer.1 And so in the converse case, if the
[012] term is first granted to some one other than the rector, and that termor then grants
[013] his term to the rector. Suppose that [it is given for a term] and within the term
[014] the church becomes vacant and the farmer presents, or he does so after the term
[015] [but] before the owner can aid himself, and while his presentation is pending the
[016] owner begins to possess and then presents in his own name. His presentation will
[017] prevail, but whatever has been done earlier by the termor will be good, as in the case
[018] of a guardian and wardship, as above.2 And so if one under age claims the seisin of
[019] his ancestor by the assise [of mortdancestor], and while the plea is pending the church
[020] becomes vacant; if no one is admitted on the guardian's part, the presentee of the
[021] owner, whether he is within age or of full age, will obtain. [[In the roll] of Michaelmas
[022] term in the sixth year of the reign of king Henry in the county of Hereford, [the case
[023] of] the prior of Llanthony and Walter Biset concerning the church of Pencombe,3
[024] that an assise of darrein presentment is not taken where the demandant is within
[025] age.]4Suppose that a woman who has dower and the advowson of a church presents
[026] a clerk when the church is vacant, who is admitted on her presentation; the heir,
[027] the warrantor of her dower, then grants that advowson to another, and after that
[028] gift, the woman being still alive, she confers it again. She transmits that seisin to her
[029] warrantor and5 his heirs, and hence, after such seisin the donee will have to have a
[030] new gift, or a confirmation of the earlier gift, because until he can allege seisin he will
[031] never prevail in a proprietary action. If there are several co-heirs, some of full age,
[032] and in possession of the inheritance to the extent of their shares, and some within
[033] age and in wardship, and there is but



Notes

1. Supra ii, 68, 106

2. Supra 223

3. C.R.R., xi, no. 1144 (Mich. 7-8); not in B.N.B.

4. Infra 226

5. ‘et’


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