*301 b.

ever, because no other had any interest in this chauntry, *save only the patron and chauntry priest, and the grant is made concurrentibus hiis quæ in jure requiruntur. But since Littleton wrote, all, and all mander of free chapels and chauntries perpetual, whereof Littleton here speaks, are by (g) acts of parliament given to the crown, (g) 37 H. 8. cap. 4. and the bodies politic thereof dissolved. See hereafter 1 E. 6. cap. 14. section 648. more at large of all this present section.

ALSO, if a man letteth land for term of life, the which tenant for life charge the land with a rent in fee, and he in the reversion confirm the same grant, the charge is good enough and effectual.

it

LITTLETON. [Sect. 592. 301 a.1

Confirmation by donor of a grant of rentcharge made by his tenant for life, is good.

301 a.

Diversity herein where the determination of a the rent is expressed in

the deed, and when it is implied in law.

Here is a diversity to be observed, where the determination of the rent is expressed in the deed, and when is implied in law. For when tenant for life granteth rent in fee, this by law is determined by his death; and yet a confirmation of the grant by him in the reversion 26 Ass. pl. 38. 45 Ass. pl. 13. Lib. 1. fol. 147. makes that grant good for ever, without words of enlarge- Anne Mayowe's case. ment, or clause of distress, which would amount to a (1 Rol Abr. 483.) 14 Ass. pl. 14. new grant. And yet if the tenant for life had granted a

rent to another and his heirs by express words, during the life of the grantor, and the lessor had confirmed that grant, that grant should determine by the death of tenant for life.

Tenant for life upon condition grant a rent in fee, the lessor confirm the grant, and after the condition is broken, the lessor re-enter, he shall not avoid the grant.

ALSO, if I be disseised, and I confirm the estate of LITTLETON. the disseisor, he hath a good and rightful estate in fee- [Sect. 519.296 b. simple, albeit in the deed of confirmation no mention shall enure. be made of his heirs, because he had a fee-simple at the When to the whole estime of the confirmation. For in such case if the (528)* disseisee confirm the state of the disseisor, to have and On confirmation by dissersee to disseisor of to hold to him and his heirs of his body engendered, his estate, it enures in or to have and to hold to him for term of his life, yet fer, though without words of inheritance the disseisor hath a fee-simple, and is seised in his de

(5 Rep. 81.) mesne as of fee, because when his estate was confirmand although made in ed, he hud then a fee-simple, and such deed cannot tail, or for life only; change his estate, without entry (13) made upon him, &c.

296 b.

19 Η. 6. 22. 6 Ε. 3. Confirm. 4.

LITTLETΟΝ.

Here is the first case wherein the release and confirmation doth agree, viz. a confirmation to a disseisor in tail, or for any particular estate, is of the like force as a release to a disseisor, during such estate, which in both cases is good for ever.

IN the same manner it is, if his estate be confirm[Sect. 520.247 a.] ed for term of a day, or for term of an hour, he hath or but for an hour. a good estate in fee-simple, for this, that (14) his estate in fee-simple was once confirmed. Quia confirmare idem est, quòd firmum facere, &c.

297 2.

296 h.

seisor's donee in tail of his estate for his life, it enures to the whole

Here is the second case wherein the release and confirmation do agree. The reason of this is, for that the disseisor hath a fee-simple; and therefore if his estate be confirmed but for an hour, it is good for ever, because (saith Littleton) confirmare idem est, quòd firmum facere.

In the same manner it is, if the disseisor make a gift On confirmation to dis-in tail, and the disseisee confirm the estate of the donee for the life of the donee, this confirmation enures to the whole estate tail; for a confirmation can make no fraction of any estate, to extend but to part of the estate only, Et sic de cæteris (P).

estate tail.

297 a.

Nota, a diversity between a bare assent without any Diversity herein be. right or interest, and an assent coupled with a right or tween the confirmation interest; and therefore an attornment cannot be made of a term for years, and that of an estate of for a time nor upon condition; but if the parson make a

freehold.
Lab. 5. tol. 81. Forde's

(13) fart, not in L. and M. nor

Roh.

(14) son, not in L. and M. nor Roh.

Ante, 300 b.)

(P) See n. (Q) infra.-[Ed.]

(529)*

lease for a hundred years, the patron and the ordinary may confirm fifty of the years, for they have an interest, and may charge in time of vacation. * And so if a disseisor make a lease for an hundred years, the disseisee may confirm parcel of those years; but then it must be by apt words, for he must not confirm the lease, or demise, or the estate of the lessee, for then the addition for parcel of the term should be repugnant when the whole was confirmed before, but the confirmation must be of the land for part of the term. So may the confirmation be of part (1 Rol. Abr. 412. of the land; as if it be of forty acres, he may confirm twenty, &c. So if tenant for life make a lease for an hundred years, the lessor may confirm either for part of the term, or for part of the land. But an estate of freehold cannot be confirmed for part of the estate, for that the estate is entire, and not several, as years be (q).

ALSO, if my disseisor maketh a lease for life, the LITTLETON. remainder over in fee, if I release to the tenant for [Sect. 521.297 a. 1 In respect of other perlife, this shall enure to him in the remainder. But if sons. On confirmation of the I confirm the estate of the tenant for term of life, yet estate of the particular after his decease I may well enter, because (15) no-tenant. it does not thing is confirmed but the estate of the tenant for life, man, (secus as to a so that after his decease I may enter. But when Irelease).

(15) nul, added L. and M. and Roh.

(Q) A confirmation to a disseisor of his estate for an hour passes the fee without the word "heirs," because the disseisor acquires by the disseisin a tortious fee-simple; and when that estate is assented to, the disseisee can never afterwards destroy it. And according to the old books, if he confirm the estate, lease, demise, or term, of the lessee of the disseisor for some part of the years, he cannot defeat it during the whole term, because the whole interest of the lessee is confirmed; and the clause restricting it in point of time, after confirming it absolutely, must be rejected as repugnant. But if the land be confirmed for part of the term, the assent is but partial, and not to the whole estate, and therefore it cannot, contrary to the express words, be carried any further. Gilb, Ten. 76. However, in modern times, this distinction seems to have been exploded. See Plowden v. Cartwright, 1 Burr 282. Earl of Derby v. Taylor, 1 East. 502. 2 Prest Conv. 166. But an estate of freehold cannot be confirmed, though by express words, for part of that estate; for an estate of freehold is considered as integral and indivisible. It does not consist, like a term of years, of an aggregrate or number of separate portions of time; but is, of itself, an entire and individual estate. Watk, Gilb. Ten. 76. 392. Shep. Touch, 317.-[Ed.]

enure to the remainder297 a.

(530)*

*297 b.

On confirmation of the
estate of one joint-te-
nant, it enures to both.
(Ante, 52 a.)
(Ante, 310 a. 315 a.
319a.) (1 Rol. Abr.

302.) 02.)

(Sid. 83.)

release all my right to the tenant for life, this shall enure to him in the remainder or in the reversion, be. cause all my right is gone by such release.

Here is the third case wherein the release and confirmation differ, for the confirmation to the tenant for life doth not enure to him in the remainder (R).

*And so it is, when the several estates be in one person; as if the disseisor make a gift in tail, the remainder to the right heirs of tenant in tail; if the disseisee confirm the estate in tail, it shall not extend to the fee-simple, no more than if the disseisor had made a gift in tail, the remainder for life, the remainder to the right heirs of tenant in tail; this extendeth only to the estate tail, and not to the remainder for life, nor to the remainder in fee. But if the disseisor make a lease for life to A. and B., and the disseisee confirm the estate of A., B. shall take advantage thereof; for the estate of A. which was confirmed was joint with B., and in that case the disseisee shall not enter into the land, and devest the moiety of B.

If the disseisor infeoffs A. and B. and the heirs of B., if the disseisee confirm the estate of B. for his life, this shall not only extend to his companion, as hath been said, but to his whole fee-simple, because to many purposes he had the whole fee-simple in him, and the confir(1 Cro. 321.) (Ante, mation shall be taken most strong against him that made

182.)

it.

(R) If a man releases to tenant for life all his right, this enures to him in the remainder, because he parts with his whole; and he that has but an estate for life by the feudal conveyance, cannot have the whole fee, as is said; but if a man confirm the estate for life, it is an approbation and assent to that estate only, and therefore the assent being no farther than to the estate for life, it cannot be carried to strengthen the remainder: but if he had confirmed the remainder, that had confirmed the estate for life by implication, because the remainder cannot be without the particular estate to support it, and the confirmation of the remainder must imply an assent to all means necessary to support it. Gilb. Ten. 76, 77.-[Ed.]

Tenant in tail discontinueth in fee, and dieth, the discontinuee make a lease for life, and granteth the reversion to the issue, he shall not have a formedon against tenant for life; for by his formedon he must recover the estate of inheritance, and the lessee for life hath not the inheritance, but the issue in tail himself hath it.

If feoffce upon condition make a lease for life, or a gift (Ante, 202 a.) in tail, and the feoffor release the condition to the feoffee, he shall not enter upon the lessee or donee, because he cannot regain his ancient estate.

If the feoffee upon condition make a lease for life, the remainder in fee, if the feoffor release the condition to the *lessee for life,, it shall enure to him in the remainder; as well as in the case of the right, or of a rent, &c.

If a feme disseisoress make a feoffment in fee to the use of A. for life, and after to the use of herself in tail, and the remainder to the use of B. in fee, and then taketh husband the disseisee, and he releaseth to A. all his right, this shall enure to B. and to his own wife also; for by the rule of Littleton it must enure to all in the remainder (1).

But if A. letteth to B. for life, and B. maketh a lease to C. for his life, the remainder to A. in fee, A. releaseth to C. all his right, this is good to perfect the estate of C. for his life. But when C. dieth, A. shall be in of his old estate, for his release could not enure to himself to perfect his defeasible remainder, but his ancient right remaineth. And note, that in these two cases the fee is devested and vested all at one instant; in the same manner as if tenant in tail make a lease for life, at the same instant the estate tail is devested out of the donee, and the reversion in fee out of the donor, and a new fee vest

(1) For, though a man cannot contract with his wife, or transfer any interest to her, yet she may, by construction of law, take benefit of his release made to a third person, and enuring by way of extinguishment. Hawk. Abr. 394. [Butler, Note 257.]

(531)*