CHAPTER THE TWENTY-NINTH. OF TITLE BY SUCCESSION, MARRIAGE AND JUDGMENT. 1N N the prefent chapter we fhall take into 'confideration three other species of title to goods and chattels. V. THE fifth method therefore of gaining a property in chattels, either perfonal or real, is by fucceffion: which is, in strictness of law, only applicable to corporations aggregate of many, as dean and chapter, mayor and commonalty, mafter and fellows, and the like; in which one fet of men may, by fucceeding another fet, acquire a property in all the goods, moveables, and other chattels of the corporation. The true reafon whereof is, because in judgment of law a corporation never dies: and therefore the predeceffors, who lived a century ago, and their fucceffors now in being, are one and the fame body corporate". Which identity is a property fo inherent in the nature of a body politic, that, even when it is meant to give any thing to be taken in fucceffion by fuch a body, that fucceffion need not be expreffed: but the law will of itself imply it. So that a gift to fuch a corporation, either of lands or of chattels, without naming their fucceffors, vefts an abfolute property in them so long as the corporation fubfifts. And thus a leafe for years, an obliga * 4 Rep. 65. Bro. Abr. t. eftates. 90. Cro. Eliz. 464. tion, a jewel, a flock of fheep, or other chattel intereft, will veft in the fucceffors, by fucceffion, as. well as in the identical members, to whom it was originally given. 1 BUT, with regard to fole corporations, a confiderable diftinction must be made. For if fuch fole corporation be the reprefentative of a number of perfons; as the mafter of an hofpital, who is a corporation for the benefit of the poor brethren; an abbot, or prior, by the old law before the reformation, who reprefented the whole convent; or the dean of fome antient cathedral, who ftands in the place of, and reprefents in his corporate capacity, the chapter; fuch fole corporations as thefe have in this refpect the fame powers, as corporations aggregate have, to take perfonal property or chattels in fucceflion. And therefore a bond to fuch a mafter, abbot, or dean, and his fucceffors, is good in law; and the fucceffor fhall have the advantage of it, for the benefit of the aggregate fociety, of which he is in law the reprefentative. Whereas in the cafe of fole corporations, which reprefent no others but themselves, as bishops, parfons, and the like, no chattel intereft can regularly go in fucceffion: and therefore, if a leafe for years be made to the bishop of Oxford and his fucceffors, in such case his executors or adminiftrators, and not his fucceffors, fhall have it. For the word fucceffors, when applied to a person in his political capacity, is equivalent to the word heirs in his natural; and as fuch a leafe for years, if made to John and his heirs, would not veft in his heirs, but his executors; fo if it be made to John bishop of Oxford and his fucceffors, who are the heirs of his body politic, it fhall ftill veft in his executors and not in fuch his fucceffors. The reafon of this is obvious: for, befides that the law looks upon goods and chattels as of too low and perishable a nature to be limited either to heirs, or fuch fucceffors as are equivalent to heirs; it would also follow, that if any fuch chattel interest (granted to a fole corporation and his fucceffors) were allowed to defcend to fuch fucceffor, the property thereof must be in abeyance from the c Dyer 48. Cro. Eliz. 464, d Co. Litt. 46. death death of the present owner until the fucceffor be appointed: and this is contrary to the nature of a chattel interest, which can never be in abeyance or without an owner; but a man's right therein, when once fufpended, is gone for ever. This is not the cafe in corporations aggregate, where the right is never in fufpence; nor in the other fole corporations beforementioned, who are rather to be confidered as heads of an aggregate body, than fubfifting merely in their own right: the chattel intereft therefore, in fuch a cafe, is really and substantially vested in the hofpital, convent, chapter, or other aggregate body; though the head is the visible person in whose name every act is carried on, and in whom every intereft is therefore faid (in point of form) to veft. But the general rule, with regard to corporations merely fole, is this, that no chattel can go to or be acquired by them in right of fucceffion f.. YET to this rule there are two exceptions. One in the cafe of the king, in whom a chattel may veft by a grant of it formerly made to a preceding king and his fucceffors . The other exception is, where, by a particular custom, some particular corporations fole have acquired a power of taking particular chattel interests in fucceffion. And this custom, being against the general tenor of the common law, must be ftrictly interpreted, and not extended to any other chattel interefts than fuch immemorial ufage will ftrictly warrant. Thus the chamberlain of London, who is a corporation fole, may by the custom of London take bonds and recognizances to himself and his fucceffors, for the benefit of the orphan's fund but it will not follow from thence, that he has a capacity to take a leafe for years to himself and his fucceffors for the fame purpofe; for the custom extends not to that: nor that he may take a bond to himself and his fucceffors, for any other purpose than the benefit of the orphan's fund; for that alfo is not warranted by the custom. Wherefore, upon the whole, we may clofe this head with laying down this general rule; that fuch right of fucceffion to chattels is univer e Brownl. 132. f Co. Litt. 46. g Ibid. 90. h 4 Rep. 65. Cro. Eliz. 682. fally .. 1 fally inherent by the common law in all aggregate corporations, in the king, and in fuch fingle corporations as reprefent a number of perfons; and may, by fpecial cuftom, belong to certain other fole corporations for fome particular purposes although, generally, in fole corporations no fuch right can exist. VI. A SIXTH method of acquiring property in goods and chattels is by marriage; whereby those chattels, which belonged formerly to the wife, are by act of law vested in the husband, with the fame degree of property and with the fame powers, as the wife, when fole, had over them. THIS depends entirely on the notion of an unity of perfon between the hufband and wife; it being held that they are one person in law, so that the very being and existence of the woman is fufpended during the coverture, or entirely merged or incorporated in that of the hufband. And hence it follows, that whatever perfonal property belonged to the wife, before marriage, is by marriage abfolutely vested in the husband. In a real estate, he only gains a title to the rents and profits during coverture: for that, depending upon feodal principles, remains entire to the wife after the death of her husband, or to her heirs, if she dies before him; unless, by the birth of a child, he becomes tenant for life by the curtefy. But, in chattel interests, the fole and abfolute property vests in the husband, to be disposed of at his pleasure, if he chufes to take poffeffion of them: for, unless he reduces them to poffeffion, by exercifing fome act of ownership upon them, no property vests in him, but they fhall remain to the wife, or to her reprefentatives, after the coverture is determined. THERE is therefore a very confiderable difference in the acquifition of this fpecies of property by the husband, according to the subject-matter; viz. whether it be a chattel real, VOL. I'. i See book I. c. 15. Ee or or a chattel perfonal; and, of chattels perfonal, whether it be in poffeffion, or in action only. A chattel real vests in the husband, not absolutely, but fub modo. As, in case of a lease for years, the husband shall receive all the rents and profits of it, and may, if he pleases, fell, furrender, or difpose of it during the coverture: if he be outlawed or attainted, it fhall be forfeited to the king'; it is liable to execution for his debts and, if he survives his wife, it is to all intents and purposes his own ". Yet, if he has made no difpofition thereof in his lifetime, and dies before his wife, he cannot difpofe of it by will: for, the husband having made no al、 teration in the property during his life, it never was tranf ferred from the wife; but after his death fhe fhall remain in her antient poffeffion, and it shall not go to his executors. So it is also of chattels perfonal (or choses) in action; as debts upon bond, contracts, and the like: these the husband may have if he pleases; that is, if he reduces them into poffeffion by receiving or recovering them at law. And, upon fuch receipt or recovery, they are abfolutèly and entirely his own; and fhall go to his executors or administrators, or as he shall bequeath them by will, and shall not revest in the wife. But, if he dies before he has recovered or reduced them into poffeffion, so that at his death they still continue chofes in action, they shall furvive to the wife; for the husband never exerted the power he had of obtaining an exclusive property in them P. And fo, if an eftray comes into the wife's franchise, and the husband feifes it, it is abfolutely his property: but if he dies without feifing it, his executors are not now at liberty to feife it, but the wife or her heirs ; for the husband never exerted the right he had, which right determined with the coverture. Thus in both these species of property the law is the fame, in cafe the wife survives the husband; but, in cafe the husband furvives the wife, the law is very different with respect to chattels real and chofes in action: for he fhall have k Co. Litt. 46. 1 Plowd. 263. m Co. Litt. 351. n Ibid. 300. • Poph. 5. Co. Litt. 351. Ibid. the |