LITTLETON.

man, or reve sioner,

it enures to the particular tenant.

ed in tenant in tail. And so if the husband make a lease for life of his wife's land, he devesteth his own estate, that he hath in her right, and the inheritance of his wife, and at the same instant vested a new reversion in fee in himself.

BUT in this case, if the disseisee confirm the estate [Sect. 521.297 a.] and title of him in the remainder, without any conOn confirmation of the estate of the remainder-firmation made to tenant for life, the disseisee cannot enter upon the tenant for term of life, for that the remainder is depending upon the state for life; and if his estate should be defeated, the remainder should be defeated by the entry of the disseisee, and it is no reason that he by his entry should defeat the remainder against his confirmation, &c.

(532)* 297 b.

Vid. 29 Ass. 17.

38 H 8. Recov, en Value. Br. 30.

"But in this case, if the disseisce confirm the estate and title of him in the remainder." Here is the third case, wherein the release and confirmation do agree, *for 13 E. 3. Entr. Cong. the confirmation* made to him in the remainder shall avail the tenant for life, as much as the release shail,

Br. 127. Pl. Com.
Delamere's case.

Vid. sect. 374.

*298 a.

(Mo. 91.)

"For that the remainder is depending, &c." By this some have gathered, that if a disseisor make a lease for life, reserving the reversion to himself, and the dis seisee confirmeth the state of the disseisor, that he may enter upon the lessee, because the estate of him in the reversion dependeth not upon the state for life as the remainder: but all is one, for by the confirmation made to him in the reversion, all the right of him that confirmeth is gone, as well as when he maketh it to him in remainder; and he cannot by his entry avoid the estate of the lessee for life, out he must avoid the state of the lessor, Reported by Sir John which against his own confirmation he cannot do; and it hath been adjudged, that if a disseisor make a lease for (6 Rep. 40) (Sid, life, and after levy a fine of the reversion with proclama159. Ante, 224 a.) tions, and the five years pass, so as the disseisee is for

Popham, Chief Jus

tice. (Post, 302 a.)

360) (1 Saund. 149.

the reversion barred, he shall not enter upon
for life.

the lessee

sband mak

reversi

m the

ALSO, if there be two disseisors, and the disseisee LITTLETON. releaseth to one of them, he shall hold his companion On confirmation of the [Sect. 522. 298 a.] out of the land. But if the disseisee confirm the es-estate of one of two disseisors, it enures to tate of the one, without more (16) saying in the deed, both though othersome say that he shall not hold his companion out, wise of a release) : but shall hold jointly with him, for that (17) nothing

was confirmed but his estate, which was joint, &c.

This is the fourth case, wherein the release and confirmation seem to differ, being made unto one of the disseisors

298 a.

be to hold the land to

"Confirmed but his estate, &c." Hereby it appear- Secus if the habendum eth, that if the disseisee confirm the estate of the one him and his heirs. disseisor in the lands, to have and to hold the lands or tenements, or the right of the disseisee, to him and his heirs, he shall hold out the other disseisor; and that appeareth by Littleton, first, upon these words (confirm the state of one) without more saying in the deed, viz. to have and to hold the lands, &c. Secondly, the reason of Littleton in express words is, for that nothing was confirmed but his estate, which was joint (T). Thirdly, the next two sections make it plain where the habendum` is added.

Hereby also it appeareth, that a release is more forcible in law than a confirmation.

(16) dire-parlance, L. and M.

and Roh.

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

*298 b.

(533)*

(T) If a man confirms the estate to one of the disseisors, he only has the estate as he first had it, which was jointly with the other disseisor; but if he confirms the estate of one disseisor in the lands, to have and to hold the lands, or his right, to him and to his heirs, then such disseisor shall hold out his companion; for such habendum explains the manner of his confirmation, viz. that he should not hold the estate merely as it is, but in a manner more beneficial for him, that is, that he should hold the possession, which he has per my et per tout, to him only; for the habendum explains the assent, viz. that he should hold the possession sole, so that the possession in the whole being confirmed to him only, he has the total right to such possession, and therefore may hold out his companion, Gilb. Ten. 77, 78.—{Ed.}

lenements. in te

Соски, 21. 248 2 se Cacarmeno gn; and inerefore it is a groot and mething in every confirmation to have trends to hate and to hold the tenements, &e. in fee, or in fer tots or for term of life, or for term of years, according ea the case 19, is, or the matter lieth.

298 b.

LITTLETON.

"And therefore it is a good and sure thing, &c." This is good counsel, and worthy to be observed.

FOR to the intent of some, if a man letteth land to [Sect. 524. 20 b. another for life, and after confirm his estate which he On conformation of the hath in the same land, to have and to hold his estate estate of tenant for ufe. habendum has state to to him and to his heirs, this confirmation as to ti ham and has hears, has extate is not enlarged:

heirs is void. for his heirs cannot have his estate vide [COKE. 299 a.] section 650.,, which was 20, not but for term of his seous if it be to hold the land token and his life But if he confirm his estate by these words, to

heirs.

(534)*

298 b.

(1 Rol. Abr. 482.) 18 Ε. 3. 40. (Plo. 158 a.)

have the same land to him and to his heirs, this confirmation maketh a fee-simple in this case to him in the land, for that (21) the words to have and to hold, &c. goeth to the land, and not to the estate which he hath, &c.

(U) But in such case the assurance operates as a release, which is the proper mode of conveyance by one joint-tenant to his companion, and not as a confirmation. Fitz. Abr. Confirm, 15. Shep. Touch. 314. Watk. Gilb. Ten. 78. Ante, vol. 1. p. 764. n. (E).-[Ed.]

*299 a.

of the estate for life in the land to have and to hold the said state in the land to him and his heirs, this cannot enlarge his *estate, for his estate being but for life, that estate cannot be extended to his heirs. But in that case if he confirm the state for life in the land in the premises of the deed, and the habendum is of this sort, to have and to hold the land to him and his heirs, this shall enlarge his estate, and create in him a fee simple (w). Wherein is to be noted, (h) that the habendum and (h) Vid. Pl. Com, in the premises do in substance well Throgmorton's case, a and Throg fol. 147 a. Wrottesthat the habendum may enlarge the premises, but not leye's case, 197. (2 Rep. 23.) abridge the same (1).

agree together,

And seeing that in conveyances, limitations of remainders are usual and common assurances, it is dangerous by conceits or nice distinctions to bring them in question, as have in latter time been attempted.

LITTLETΟΝ.

On confirmation to baron and fême lessee

ALSO, if I let certain land to a feme sole for term of her life, who taketh husband, and after I confirm [Sect. <5 299 a.] the estate of the husband and wife, to have and to hold (22, for term of their two lives; in this case the for life for their lives, husband doth not hold jointly with his wife, but hold- is enlarged by way of eth in right of his wife for term of her life. But this remainder for life, if confirmation shall enure to the husband by way of he survive :

remainder for term of his life, if he surviveth his wife.

the husband's estate

(535)*
299 b.

*" By way of remainder &c." Here some question hath been made of this term remainder, without any cause at all, because in law it is in nature of a remainder. For in case of a fine, when a reversion expectant upon Pl. Com. Colthirst s

(22) la terre, added L. and M. and Roh.

case. Doct. & Stud, ca. 21.

(W) For, by these words, "to have and to hold the land to him and his heirs," there appears to be a further intent than merely to confirm the estate, viz. to enlarge it to him and his heirs; and taking the grant strongest against the grantor, it must pass away the fee-simple. Gilb. Ten. 78.-[Ed.]

(1) On the operation of an habendum in a deed, see ante, 21 a. Vin. Abr. Grant, J. K. L. and M.

Elcia, ed a remainder in End that is the tormation an rare aversed to the based for term of b s. 17,17Eje Laserdong the feat have nothing bola abey arce af or are ca cfhawe Eet there should be pizia vermi leted and wise men ever ass 3, ad co reic se, ta state of the bostanis 2001, and lite there by way of crease and enirgement of his este. Adat his case of Lit Sros, the torace by the firerat on gaineth an esate 676 Arte, for fein remades, as Live ton ters yet if the 150605 waste, an action of wastes al. 1-art hande, twit sarding the means rema. benetrero dhir self commitch tre waste, and doth the wrong; andt ere o e shall not exere himself Arhive mmiti z of waste, in respect he himself tath the remainder; to more than if a man least to A. during the life of B. the remainder to him during the life of C.. if he commit waste, an action of waste shall lie aga..st him (y.

299 a. Vid, sert, 57生。 (50.83 %1.) (2 Rol Aor 8.29.)

er.

Here is the fourth case wher in the release and confirmation do agree; and in this case it is to be observed, that the baron hath such an estate in the land in the right of his wife, as he is capable of a confirmation to enlarge

(Y) With respect to the distinction between the cases where an estate for ille is enlarged to an estate in fee, by the release or confirmation of the reversioner, or remainder-man, and those cases where a person being seived of an estate for life, the inheritance is afterwards conveyed or devised to his right heirs, by a subsequent deed or will, in which case the estate of the ancestor is not enlarged by the subsequent conveyance of devise to his right heirs: see arte. p. 145. n. (P). Fearn. Cont. Rem.