The American Students' Blackstone : Commentaries On the Laws of England : in Four Books

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In this case, albeit the freehold of the church is in the parson, and these are annexed to that freehold, yet cannot the parson or any other take them away or deface them, but is liable to an action from the heir. Pews in the church are somewhat of the same nature, which may descend by custom immemorial (without any ecclesiastical concurrence) from the ancestor to the heir.' But though the heir has a property in the monuments and escutcheons of his ancestors, yet he has none in their bodies 01 ...ashes ; nor can he bring any civil action against such as inde- cently at least, if not impiously, violate and disturb their remains, when dead and buried."* The parson, indeed, who has the free- hold of the soil, may bring an action of trespass against such as dig and disturb it ; and if any one in taking up a dead body steals the shroud or other apparel, it will be felony ; for the property thereof remains in the executor, or whoever was at the charge of the funeral.
'The interest of a pewholder is generally held in this country to be in the nature of an easement, and therefore real property, though in some States it is provided by statute that it shall be deemed personal estate.


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