LOOM, a frame composed of a variety of parts, used in all the branches of weaving; for a particular description of which, see the article WEAVING.
Heir-loom, in law, are such goods and personal chattels, as, contrary to the nature of chattels, shall go by special custom to the heir along with the inheritance, and not to the executor of the last proprietor. The termination, loom, is of Saxon original; in which language it signifies a limb or member; so that an heir-loom is nothing else but a limb or member of the inheritance. They are generally such things as cannot be taken away without damaging or dismembering the freehold: otherwise the general rule is, that no chattel-interest whatsoever shall go to the heir, notwithstanding it be expressly limited to a man and his heirs, but shall vest in the executor. But deer in a real authorized park, fishes in a pond, doves in a dove-house, &c. though in themselves personal chattels, yet they are so annexed to, and so necessary to the well-being of, the inheritance, that they shall accompany the land wherever it vests, by either descent or purchase. For this reason also the ancient jewels of the crown are held to be heir-loom; for they are necessary to maintain the state, and support the dignity, of the sovereign for the time being. Charters likewise, and deeds, court-rolls, and other evidences of the land, together with the chests in which they are contained, shall pass together with the land to the heir, in the nature of heir-loom, and shall not go to the executor. By special custom also, in some places, carriages, utensils, and other household implements, may be heir-loom; but such custom must be strictly proved. On the other hand, by almost general custom, whatever is strongly affixed to the freehold or inheritance, and cannot be severed from thence without violence or damage, quod ab edibus non facile revellitur, is become a member of the inheritance, and shall thereupon pass to the heir; as chimney-pieces, pumps, old fixed or dormant tables, benches, and the like. A very similar notion to which prevails in the duchy of Brabant; where they rank certain things moveable among those of the immovable kind, calling them by a very peculiar appellation, prædia volantia, or volatile estates: such as beds, tables, and other heavy implements of furniture, which (as an author of their own observes) dignitatem istam nacta sunt, ut villis, sylvis, et edibus, aliisque prædiis, comparentur; quod solidiora mobilia ipsis edibus ex destinatione patrisfamilias coherere videantur, et pro parte ipsarum æstimantur.
Other personal chattels there are, which also descend to the heir in the nature of heir-loom; as a monument or tomb-stone in a church, or the coat-armour of his ancestor there hung up, with the pensions and other emblems of honour suited to his degree. 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.
Looking rial (without any ecclesiastical concurrence) from the
Lophius. ancestor to the heir. But though the heir has a pro-
perty in the monuments and escutcheons of his an-
cestors, yet he has none in their bodies or ashes; nor
can he bring any civil action against such as indecently
at least, if not impiously, violate and disturb their
remains, when dead and buried. The parson indeed,
who has the freehold 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.
Heir-looms, though they be mere chattels, yet
cannot be devised away from the heir by will; but
such a devise is void, even by a tenant in fee-simple.
For, though the owner might during his life have
sold or disposed of them, as he might of the timber
of the estate, since, as the inheritance was his own,
he might mangle or dismember it as he pleased; yet,
they being at his death instantly vested in the heir,
the devise (which is subsequent, and not to take
effect till after his death) shall be postponed to the
custom, whereby they have already descended.