Pew

A seat in a church, separated from all others, with a convenient place to stand therein. It is derived from puye, and signifies primarily an inclosed seat in a church. L. R. 5 C. P. 224. It is an incorporeal interest in the real property. And although a man has the exclusive right to it, yet it seems he cannot maintain trespass against a person entering it (1 Term R. 430); but case is the proper remedy (3 Barn. & Aid. 361; 8 Barn. & C. 294). In Connecticut and Maine, pews are considered real estate. In Massachusetts and New Hampshire, they are personal property. Gen. St. Mass. c. 30, § 38; 1 Smith, St. 145. The precise nature of such property does not appear to be well settled in New York. 15 Wend. (N. Y.) 218; 16 Wend. (N. Y.) 28; 5 Cow. (N. Y.) 494. See 10 Mass. 323; 17 Mass. 438; 7 Pick. (Mass.) 138; 4 N. H. 180; 4 Ohio, 515; 4 Har. & McH. (Md.) 279; Best, Pres. Ill; Crabb, Real Prop. §§ 481-497; Washb. Easem.

A seat in a church, separate from all others, with a convenient place to stand therein. It is an incorporeal interest in the real property. The pewholder does not own the soil; Cooper v. Presbyterian Church, 32 Barb. (N. Y.) 234; Gay v. Baker, 17 Mass. 435, 9 Am. Dec. 159. And although a man has the exclusive right to it, yet it seems he cannot maintain trespass against a person entering it; 1 Term 430; but case is the proper remedy; 3 B. & Aid. 361; 8 B. & C. 294. In First Baptist Church v. Withered, 3 Paige Ch. (N. Y.) 29G, 24 Am. Dec. 223; it was held that the owner of a pew can, if disturbed in its use, maintain trespass, case, or ejectment, according to the circumstances. The right to pews is limited and usufructuary, and does not interfere with the right of the parish or congregation to pulL down and rebuild the church; Price v. Methodist Church, 4 Ohio 541; Freligh v. Platt, 5 Cow. (N. Y.) 496; Sohier v. Trinity Church, 109 Mass. 21; Com. v. St. Mary’s Church, 6 B. & R. (Pa.) 508; indemnifying those whose pews are destroyed; Gay v. Baker, 17 Mass. 435, 9 Am. Dec. 159. See 2 Bla. Com. 429; 19 Am. L. Reg. N. S. 1; Gay v. Baker, 17 Mass. 435, 9 Am. Dec. 101; First Baptist Church v. Withered, 3 Paige Ch. (N. Y.) 296, 24 Am. Dec. 230. The pewholder’s right is only to occupy his pew during public worship; IIow v. Stevens, 47 Yt. 262. Ilis right is subject to the paramount rights of the parish; First Baptist Society in Leeds v. Grant, 59 Me. 250; but it is held that a rule of the Roman Catholic Church forbidding a layman to control his pew will not be regarded by the courts, unless it was part of the contract; O’Hear v. De Goesbriand, 33 Vt. 602, 80 Am. Dec. 653 (criticised in 15 Am. L. Reg. 280). When pews are removed from a church O’Brien, 160 Mass. 118, 35 N. E. 313, 22 L. R. A. 206. See Perturbation. A pew may be used only for divine service and for meetings of the congregation held for temporal purposes. The pewowner must preserve order, while enjoying his pew; Wall v. Lee, 34 N. Y. 149. Where not otherwise provided by statute the interest is considered as real estate, subject to the incidents of that kind of property; 1 Washb. R. P. 9; O’Hear v. De Goesbriand, 33 Vt 602, 80 Am. Dec. 653; (see also lleeney v. St. Peters Church, 2 Edw. Ch. [N. Y.] 608); White v. Baile 3 r, 14 Conn. 279; Third Presbyterian Congregation v. Andruss, 21 N. J. L. 325. In Massachusetts and New Hampshire pews are personal property by statute. In Pennsylvania they are held personal property as to devolution, although, strictly speaking, an interest in real estate; Church v. Wells’ Ex’r, 24 Ta. 251. See, generally, State v. Trinity Church, 45 N. J. L. 230; Best, Pres. Ill; Crabb, R. P. § 481; Baum, Church 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.

is a seat in a church separated from all others, with a convenient space to stand therein. It is an incorporeal interest in the real property. And, although a. man has the exclusive right to it, yet, it seems, he cannot maintain trespass against a person entering it; 1 T. R. 430; but case is the proper remedy. 5 B. & Ald. 361; 8 B. & C. 294; S. C. 15 Eng. C. L. R. 221. Vide Pow. Mortgages, Index, h. t.; 2 BI. Com. 429; 1 Chit. Pr. 208, 210; 1 Pow. Mort. 17 n..