Incumbent

Prom the verb incumbo, that is, to be diligently resident; and when it is written encumbent, it is falsely written. Co. Litt. 119b. See Termes de la Ley. One who is in possession of an office and is legally authorized to discharge the duties of that office; as, the present incumbent. 11 Ohio 50. In Ecclesiastical Law. A clerk resident on his benefice with cure. He is so called because he does, or ought to, bend the whole of his studies to his duties.

In Eooleslastioal Law. A clerk resident on his benefice with cure. In common parlance, it signifies one who is in possession of an office: as, the present Incumbent. One does not become the incumbent of an office, until legally authorized to discharge ^ts duties, by receiving his com- INCUMBRAltCE. Any right to, or Interest in, land which may subsist In third persons, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. 2 Greenl, Bv. $ 242; Prescott V. Trueman, 4 Mass. 629, 8 Am. Dec. 246; Huyck v. Andrews, 113 N. Y. 81, 20 N. E. 681, 3 L. R. A 789, 10 Am. St. Rep. 432. “Every right to or Interest In the land which may subsist in third persons to the diminution of the land, but consistent with the passing of the fee by the conveyance.” Rawle, Cov. for Title, § 25, approved In Batley V. Foerderer, 162 Pa, 466, 29 Atl. 868. Incumbrance, when used In reference to real estate, includes every right to or Interest In the land granted, to the diminution of the value of the land, but consistent with the passing of the fee by the owner thereof; Westerlund v. Mining Co., 203 Fed..599, 121

Jn English ecclesiastical law. A clerk who is resident on his benefice, with cure. The word is now applied also to civil officers, to describe the person in present possession of an office.

1. Resting as a duty or obligation. 2. One who is legally authorized to discharge the duties of an office.3 See Vacancy.

Eccl. law. A clerk resident on his benefice with cure; he is so called because he does or ought to bend the whole of his studies to his duties. In common parlance, it signifies one who is in the possession of an office, as, the present incumbent.