CHAP. XXIV. Of Settlement by Estate. SECT. I. Of the Estate necessary to confer a Settlement. AN estate is defined by Sir William Blackstone to signify Estate what such interest as the tenant has in lands, tenements, or he reditaments. (1) The nature of the thing, or property, out of which the In what things. interest which is to confer a settlement must arise, does not seem to have been expressly defined. The reported cases generally respect settlements by estate in land, and it is no where directly considered, whether a settlement can be acquired by an estate in a tenement, as that word has been explained under 13 & 14 Car. II. (2), or in the more extensive denomination of property, called an hereditament. (3) The principle upon which these settlements are founded, Estates in inviz. that the party shall not be removed from his own (4), corporeal hereditaments. but is entitled to the superintendence and care of his property, goes beyond estates in land, and seems to extend this right to all interest in things immoveable, situate within a town or parish, which, as the party cannot take with him to the place of his settlement, he must be allowed to remain where they are, for the purpose of superintending them. (1) 2 Black. Com. 103. (2) Ante, 7. (3) 2 Black. Com. 20. 2 Woodeson's Lect. 56. (4) See Ryslip v. Harrow, Salk. 524. post, 73. (1). Rex. v. Uttoxeter Burr. S. C. 538. post, 71, (9). Rex v. Aythorpe Rooding, ib. 412. Rex. v. Hasfield, Burr. S. C. 147. 2 Str. 1132. Rex v. St. Nyott's, Burr. S. C. 132. Rex v. Houghton Le Spring, 1 East, 247. Rex v. Staplegrove 2 B. & A. 527. Must issue from the realty. An annuity on personal settlement. But the interest must issue out of the realty locally situated in the parish where the settlement is sought. The pauper's grandmother being possessed of an estate charged by will in Cheriton Fitzpayne, for a term of years determinable estate gives no upon the death of his mother S. W., devised to the pauper J. W. the sum of ten pounds a year, to be paid by her executors, in trust therein named, out of her estate, during the said J. W.'s mother's life; and if her grandson J. W. should happen to die before his mother S. W., she demised the annuity over to his brother and sister, and the survivor. The testatrix died soon after, leaving this leasehold estate, and effects to the amount of 32l., and no more. The pauper being settled in S., and in debt, in order to avoid his creditors, went to Cheriton Fitzpayne, and resided with his mother on the leasehold estate more than forty days, carrying on the business of a jobber in cattle. Lord Mansfield said, there was no colour for adjudging the pauper to have gained a settlement in Cheriton Fitzpayne. He did not go thither to reside upon his own. He absconded there to avoid his creditors. This was no specific legacy: it is payable out of her whole personal estate. But if it were a specific legacy, has a specific legatee any right to go and live upon the estate? If it had been a rent charge out of a freehold, it would not give a right to live upon such freehold; but this man has only a pecuniary demand. There was no colour for his going to live upon her leasehold estate as his own. (1) An annuity charged on real estates to a cha rity-school, to be paid to the vicar, is T. M. officiated as schoolmaster (in the charity school) at Melborne, in Derbyshire. During his continuance there, Lady B. Hastings, by deed inrolled, conveyed to trustees and their heirs, certain lands in trust, to receive and pay the rents and profits; among others, "the yearly sum of 101. to the person to the charity-school of Melborne, to be paid to the vicar officiating as school-master, there, for the time being." Which sum T. M. received which gives a from the vicar to the time of his death. The sessions apsettlement. not an interest (1) Rex v. Stockley Pomroy, Burr. S. C. 762. prehended, that T. M. " had gained a freehold estate, by receiving the said 10l. a year under the said deed." But by the court," This annuity of 10l. per annum does not appear to be appropriated to the schoolmaster; nor does the man appear to have had any interest in it (though indeed he received it): he could have no freehold in it beyond doubt." (1) what estates gained. An estate or interest in things real is affected by various Settlement by qualities and circumstances, which are to be noticed on this subject. As, 1st, The nature of the tenure. But this does not affect a settlement. It may be acquired by an estate in lands, held in frank-tenure (2), or by copyhold. (3) 2d, The duration of the estate, seems likewise immaterial, if it is sufficient to ensure a residence of forty days. It may be either a freehold estate in fee (4), or for life (5), or a copyhold in fee (6), or for life (7), or a leasehold interest determinable on lives (8), or years. (9) Even a tenancy from year to year (10), when acquired by proper means (11), as also the right which the widow has under Magna Charta, chap. 7., to continue forty days upon (1) Rex v. Melborne, Burr. S. C. 244. ante, vol. i. The pauper resided under a certificate. See 9 & 10 W. III. c. 11. But if the schoolmaster is in effect the cestuy que trust residing upon what is substantially his own, he acquires a settlement. See Rex v. Owersby le Moor, 15 East, 356. and post, 88. (2) Rex v. Charlton, 2 Bott, 493. Cald. 416. Pl. 511. Rex v. Great Farringdon, 6 Term Rep. 520. (3) Harrow v. Edgeware, 2 Bott, 465. Pl. 485. Rex v. Burclear, 1 Str. 163. (4) Rex v. Charlton, supra, (2). Rex v. Great Farringdon, supra, (2). (7) Harrow v. Edgeware, 2 Bott, 465. Pl. 485. Rex v. Ingleton, Burr. S. C. 560, post, 74. (3). (8) Rex v. Marwood, Burr. S. C. 386. post, 80. (4) Rex v. Cold Ashton, Burr. S. C. 444. pauper certificated. (9) Murfley, v. Grandborough, 1 Str. 97. Rex v. Uttoxeter Burr. S. C. 538. (10) Rex v. Stone, post. 79. (4). (11) See Rex v. Hagworthingham, 1 B. & C. 634. Must have a nency. her husband's lands until she is assigned her dower, are interests sufficiently permanent to confer a settlement. (1) But the interest must be of sufficient permanency to certain perma- render the party irremovable during his forty days of residence. (2) A tenant at will cannot acquire a settlement as such (3), unless his tenement is of the annual value of 10%. when it ranks under a different species of settlement. (4) Settlement title. The great principle upon which this species of settlerests on party's ment is founded is, that a person cannot be removed from his own. The chief question, therefore, in this part of the law of settlement respects the means by which property becomes a man's own; or, in other words, his title to the estate. (5) Modes of acquiring property. 1. Descent. 2. Purchase. The methods of acquiring property are usually divided into two kinds. 1. By descent, or hereditary succession, which is the title whereby a man, on the death of his ancestor, acquires his estate by right of representation as his heir at law. (6) 2. Purchase, when taken in its largest and most extensive sense, is thus defined by Littleton (7): - The possession of lands and tenements which a man hath by his own act or agreement, and not by descent from any of his ancestors or kindred. In this sense it is contra-distinguished from acquisition by right of blood, and includes every other method of coming to an estate, except by inheritance. (8) (1) Rex v. Painswick, Burr. S. C. 783. Rex v. Long Wittenham, Cald. 474, where the widow was certificated, (2) Rex v. Stone, ante, 71. (6). (3) See the opinion of the judges, Rex v. Widworthy, Burr. S. C. 109. (4) Ante, 4, 5. 39-43. (5) Lord Coke's definition is: Titulus est justa causa possidendi id quod nostrum est. (6) 2 Black. Com. 14 & 26. (7) Litt. Sect. 12. (8) 2 Black. Com. 15. 241. cites Co. Lit. 18. But this distinction is scarcely of further use in the law of settlement, than to distinguish between the legal import of the word purchase, and that more limited sense in which it is used in the 9 Geo. I. c. 7. s. 5. An estate to which the party is entitled by descent, will Settlement on always confer a settlement, without regard either to the an estate by annual or total value of the interest. (1) descent. An estate acquired by purchase also confers a settle- By purchase. ment, except in certain cases. Where the settlement under 9 Geo. I. is claimed by estate, the annual value of the property is immaterial, but the price given for the interest is rendered important by 9 Geo. I. c. 7. s. 5., which enacts, "that after Price of inter25th March 1753, no person or persons shall be deemed, est material or adjudged, or taken to acquire any settlement, in any c.7. parish or place for or by virtue of any purchase of any estate or interest in such parish or place whereof the consideration for such purchase doth not amount to the sum of thirty pounds, bona fide paid, for any longer or further time than such person or persons shall inhabit in such estate, and shall then be liable to be removed to such parish or place where such person or persons were last legally settled, before the said purchase or inhabitancy therein.” c. 7. It becomes necessary, therefore, to consider what cases of cases not come within the purview of the act, because a settlement within 9 Geo.I. is not gained by the purchase of such an estate, unless the price paid for it amount to 30%., and the value is of no importance in any other case. The 9 Geo. I. was intended to prevent parishes from being fraudulently incumbered under small fraudulent conveyances; and it only intended to exclude all purchases of cottages under the value of 30%. from giving a settlement (1) Rex Great Farringdon, 6 Term Rep. 679. Rex v. Hasfield, Burr. S.C. 147. 2 Str. 1132.; and see Ryslip v. Harrow, 5 Mod. 416. Ashbrittle v. Wiley, 1 Str. 608. Rex v. Garway, Burr. S. C. 632. Object of 9 Geo. I. c. 7. |
