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Pew

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

See Church. In the United States, pews belong to the legal owners of the church building. The right of an individual holder is not partial ownership of the building itself. The sale of a pew, as a pew, conveys no such ownership. The pewholder's right is incorporeal, a mere easement, or, at most, a usufructuary interest; subject to such changes as the circumstances of the congregation require. The holder's consent is not necessary to such a change, and his right is extinguished when the edifice is taken down. He is not entitled to a pew in a new building because he held one in the old. But while his right remains it is exclusive. He may use the pew on all occasions when the house, as a church, is open; he may put a fastening on the door, and deny access to persons other than those whom he chooses to admit; he may even maintain an action at law against an intruder. Acquisition is by perpetual grant from the owners of the edifice, or by demise for a limited term; and, possibly, subject to assessments. For unpaid dues or rents, an action at law will lie. Whether, in the event of failure to dispose of it by will, a pew passes to the owner's heirs, or to his executor or administrator, depends upon the question whether, by the law of the State, pew rights are real or personal property. In Connecticut, Louisiana, and Maine, pews are realty, and descend to the heir-at-law; in Massachusetts and New Hampshire, — in most of the States, — they are personalty, and, unless disposed of by will, vest in the administrator or the executor.