Subject: HEREDITAMENTS
Resent-Date: Sat, 26 Sep 1998 21:23:53 -0700 (PDT)
Resent-From: SCROOTS-L@rootsweb.com
Date: Sun, 27 Sep 1998 00:24:31 -0400
From: "Steven J. Coker" 
Organization: http://members.tripod.com/~SCROOTS/index.html
To: SCROOTS-L@rootsweb.com

HEREDITAMENTS, estates. Anything capable of being inherited, be it corporeal or
incorporeal, real, personal, or mixed and including not only lands and
everything thereon, but also heir looms, and certain furniture which, by custom,
may descend to the heir, together with the land.... By this term such things are
denoted, as may be the subject-matter of inheritance, but not the inheritance
itself; it cannot therefore, by its own intrinsic force, enlarge an estate,
prima facie a life estate, into a fee....
   Hereditaments are divided into corporeal and incorporeal. Corporeal
hereditaments are confined to lands. (q.v.).

HEREDITARY. That which is inherited.

INCORPOREAL HEREDITAMENT, title, estates. A right issuing out of, or annexed
unto a thing corporeal.
   Their existence is merely in idea and abstracted contemplation, though their
effects and profits may be frequently the objects of our bodily senses....
According to Sir William Blackstone, there are ten kinds of incorporeal
hereditaments; namely,

      1. Advowsons.       6. Dignities.
      2. Tithes.          7. Franchises.
      3. Commons.         8. Corodies.
      4. Ways.            9. Annuities.
      5. Offices.        10. Rents.

   But, in the United States, there, are no advowsons, tithes, dignities, nor
corodies. The other's have no necessary connexion with real estate, and are not
hereditary, and, with the exception of annuities, in some cases, cannot be
transferred, and do not descend.

INCORPOREAL. Not consisting of matter.
   Things incorporeal are those which are not the object of sense, which cannot
be seen or felt, but which we can easily, conceive in the understanding, as
rights, actions, successions, easements, and the like....

INCORPOREAL PROPERTY, civil law. That which consists in legal right merely; or,
as the term is, in the common law, of choses in actions.

CORPOREAL PROPERTY, civil law. That which consists of such subjects as are
palpable. In the common law, the term to signify the same thing is properly in
possession. It differs from incorporeal property, (q.v.) which consists of
choses in action and easements, as a right of way, and the like.

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