cus as to a release de mitter le droit, ib. Words of inheritance not
necessary to a release d'extinguisher le droit, ib. Secus as to re-
leases by way of enlargement, 499. III. Release d'enlargir l'es-
tate, ib. To whom to be made, ib Releasee must be in privity
to the releasor, ib. And have an actual estate to be enlarged,
500. A tenant merely in supposition of law, is not capable pable of a re-
lease d'enlargir, ib. So lessee for years before entry, having but
an interesse termini, is not capable of a release by way of enlarge-
ment, 501. Secus as to lessee for years in possession, after an un-
der lease by him. 502; or as to lessee for years in remainder, after
entry by the first lessee, ib. Diversity between a release d'enlar-
gir l'estate, and a release de mi ter le droit, to lessee for years be-
fore entry, ib. Release d'enlargir to tenant for life, before entry,
is good. 503. Release d'enlargır may be made to tenant by sta-
tute-merchant, &c. ib.; or to tenant at will, 504. Secus as to a
mere trespasser, 504.5 or as to a tenant at sufferance, 506. But
* cestui que trust, holding at the will of the trustees, is capable of
a release by enlargement, ib. How release by enlargement sh
enure, 509 On release of all the right to tenant pur autre vie, an
estate for his own life passes, ib. So on a release of all the right to
lessee for years, an estate for life passes, ib. But to a release en-
larging an estate into a fee, words of inheritance are necessary, ib.
Diversity herein between a release de mitter le droit, and a release
d'enlargir l'estate, 511, 12. IV. Release de mitter l'estate, 513.
To whom to be made, and how it shall enure, 514. Husband and
wife and a third person, having a joint estate, a release by the
third person to the husband enures de mitter l'estate, ib. So if
made to the wife, ib. On release by one of three joint-tenants to
one of his companions, it enures de mitter l'estate, ib; but a re-
lease by one of two join-tenants to the other, does not to all pur-
poses enure de mitter l'estate, ib. On release by one of two co-
parceners to the other, it enures de mitter l'estate, ib. Words of
inheritance not necessary to a release de mitter l'estate, ib. But
privity of estate is requisite, 514,515.
Definition of a confirmation, 516. Its nature and operation, ib.
The different kinds, 517. I. Confirmation in deed, by what words
made, ib. II. Confirmation in law, by what words created, ib.
Operation of the word, "grant," 517 to 519.; "demise," 519.
"will," ib. On joint feoffment by disseisee and disseisor's heir, it
operates as to the disseisee, as a confirmation, ib On joint feoff-
ment by disseisor and disseisee, it operates as to the disseisor, as a
confirmation, 521. III. Confirmation, by and to whom to be made,
ib. Confirmation by the donor to the lessee for years of his te-
nant for life, is good, (though a release would be void), ib. Con-
firmation by the disseisee to his disseisor's lessee for years is good,
(secus as to a release), 522. Confirmation by infant lessor at full
age to the lessee of his tenant for years, is good, (secus as to a re-
lease), 523. Confirmation by patron and ordinary of a grant of
rent-charge by a parson, was good, (at common law), ib. Diver-
sities as to confirmation of grants by ecclesiastical persons, at com-
mon law, 524, 5. Diversity between a confirmation of an estate,
and a confirmation of a deed, 526. Confirmation by donor of a
grant of rent-charge made by his tenant for life, is good, 527. Di-
versity herein where the determination of the rent is expressed in
the deed, and when it is implied in law, ib. IV. Confirmation, how
it shall enure, ib. When to the whole estate of the confirmee, ib.
On confirmation by disseisee to disseisor of his estate, it enures in
fee, though without words of inheritance, 528; and although made
in tail, or for life only, ib.; or but for an hour, ib. On confirmation
to disseisor's donee in tail of his estate for his life, it enures to the
whole estate tail, ib. Diversity herein between the confirmation
of a term for years, and that of an estate of freehold, ib. In re-
spect of other persons, 529. On confirmation of the estate of the
particular tenant, it does not enure to the remainder man, (secus
as to a release), ib. On confirmation of the estate of one joint te-
nant, it enures to both, 530. On confirmation of the estate of the
remainder-man, or reversioner, it enures to the particular tenant,
531. On confirmation of the estate of one of two disseisors, it
enures to both, (though otherwise of a release), 532. Secus if the
habendum be to hold the land to him and his heirs, ib. When it
enures to enlarge the estate of the confirmee, 533. On confirma-
tion by one joint-tenant of the estate of his companion, his estate
is not enlarged, ib. Secus if the habendum be to hold the tene-
ments to him and his heirs, ib. On confirmation of the estate of
tenant for life, habendum his estate to him and his heirs, his estate
is not enlarged, ib. Secus if it be to hold the land to him and his
heirs, 534 On confirmation to baron and feme lessee for life, for
their lives, the husband's estate is enlarged by way of remainder
for life, if he survive, 534. So if made to hun and his heirs, it
enures to him in fee after her decease, 536. But on confirmation
to them and their heirs, it enures to them jointly in fee, and the
husband is seised in right of his wife for her life, ib. On lease to
husband and wife to hold one moiety to him for life, and the other
moiety to her for life, a confirmation to them and their heirs enures
to him in fee as to his moiety, and to them jointly as to the other
moiety, ib. But on such lease and confirmation to two men, they
are tenants in common of the inheritance, ib. So if the lessor
confirms to his lessee for life and remainder-man for life, to hold to
them and their heirs, ib; or where, after a gift in special tail to
two men, the donor confirms to them and their heirs, 537. On
confirmation to baron and feme lessee for years, for their lives, it
enures to them jointly for life, 537 On confirmation to tenant
for years, to hold the land for his life, &c. his estate is enlarged
for life, &c. 538. Secus if the confirmation be of his estate with-
out saying more, 539. Diversity herein in the case of a release,
ib. Confirmation of a grant of a rent newly created, to hold to
the grantee in fee, is void to enlarge his estate, ib. Secus in the
case of a rent-service or rent charge in esse, 540. V. Confirma-
tion of a rent-charge not avoided, though the estate out of which
it issued be afterwards defeated by the entry of the confirmor,
541; or by his recovery in an action, ib. VI. Confirmation does
not give distinct rights, 542. On confirmation by the lord of the
estate of his tenant, yet the seignory remains, ib. So in the case
of a confirmation of the estate of the tenant by the grantee of a
rent-charge, or common, yet the rent-charge, or common, remains,
ib. Diversity herein in the case of a release, ib. VII. Confirma-
tion does not extinguish a right in suspence, 543. VIII. On con-
firmation by the lord to his tenant, the services may be abridged,
but new services cannot be reserved, ib. Privity necessary to a
confirmation, abridging services, 544 to 547. IX. Confirmation of
a void estate, is void, 547. Where a person takes away a villain in
gross from his owner, a confirmation to him of his estate in the vil,
lain, is void, ib. Diversity herein in the case of a villain regard-
ant to a manor, 548; or where the deed of confirmation enures by
way of grant, 549. Confirmation of estate of lessee for years, be-
fore entry, is void, 550.
SAME SUBJECT.
Of a Surrender.
Definition of a surrender, 551. The different kinds of surren-
der, 552. I. Surrender in deed, 553. Might be by parol (at com-
mon law), and livery of seisin not requisite, ib. But a surrender
of things in grant must be by deed, ib. Surrender must be of an
actual estate, and not of a mere right, ib. II. Surrender in law,
554. Lease for years to begin at a future day, is not merged by a
surrender in deed, before the day, ib. Secus as to a surrender in law
by acceptance of a new lease, ib. On lessee's acceptance of a new
lease on condition, by breach whereof it becomes void, yet the sur-
render in law of the old lease is absolute, 555. So in case the les-
see accepts a grant of the reversion on condition, &c. ib. Diver-
sity herein when the lessee surrenders on condition, ib. On guar-
dian in chivalry taking a feoffment of the infant, though it be void,
his interest is surrendered in law, ib. On lease for years by the
master of an hospital sole seised, &c. the lessee being afterwards
made master, the term is merged, 556. So in case of lessee for
years marrying the feme lessor, ib. Secus where a man lessor
marries the feme lessee, ib.; or where the lessee makes the lessor
his executor, 557 to 562; or in case of lessee for years, under a
corporation aggregate of many, being made master, 563. III. ef
fect of a surrender, 563. On a surrender, the estate, as between
the parties, is absolutely determined, ib. Secus as to strangers,
564; unless it be for their advantage, 565. Of a bond, 566 to 569.
Of Conveyances under the Statute of Uses, &c.
Definition of an use at common law, 570. Cannot be two uses
in esse of the same land, 571 to 577., On what conveyances uses
may be raised, 578. On feoffinent to future uses, the use results
to the feoffor in the mean time, 579 to 582 So where feoffor dís-
poses of the profits for a particular time in præsenti, the use of the
inheritance is in him, as a thing undisposed of, 583 to 586. By stat..
27 H. 8. all uses are transferred into possession, 587 to 589. Di-
versity as to the passing of the estate, between a feoffment to the
intent to perform feoffor's last will, and where it is to the use of
such persons and such estates as he shall appoint by will, 590 to
Of Alienation by Matter of Record.
Definition and nature of a fine, 604 to 612. Fine by tenant in
tail, a bar to the issue: secus as to the remainder-man, or rever-
sioner, if he enter within five years after his right accrued, 613.
Tenant in tail being disseised, or having a right of action, a fine
by the tenant of the land, after five years, bars the right of the es-
tate-tail, ib. Definition of a common recovery, 613 to 615. The
different kinds, 616. Nature and operation of a common recove-
ry, 617. Common recovery by tenant for life, no bar to the re-
mainder-man, or reversioner, ib. Secus as to a common recovery
by tenant for life, with the concurrence of tenant in tail, ib. Com-
mon recovery by tenant in tail in possession, is a bar to all re-
mainders and reversions, 618; and to the estate tail, ib. Secus as
to a common recovery (or fine) by tenant in tail of the king's gift
the reversion or remainder being in the crown. ib. Construction
of stat. 34 H. 8. c. 20., 619 to 623. Recovery suffered by tenant in
tail without voucher, no bar of an estate tail, 623.
Of Alienation by Special Custom.
Alienation by surrender, the proper mode of conveying copyhold
estates, 624; or customary freeholds, ib. Form of the surrender,
625. Who may take surrenders, 626. Lord of a manor pro tem-
pore may take surrenders, 627, The lord may take surrenders out
of court, 628. Steward of a manor, his office and duties, 629.
How appointed, ib. Surrender by custom may be made to the
bailiff, or to two tenants of the manor, out of court, 630. Such
surrender made out of court must be presented at the next court,
ib. On presentment at the next court the surrender is good,
though the surrenderor die in the mean time, ib. Effect of a sur-
render and admission, 632. The surrenderee is in by the surren-
deror, and the lord is a mere instrument, ib. On surrender, the
limitation of the use being general, the surrenderee has but an es-
tate for life, 633. Surrender out of court by one joint-tenant to the
use of his will, with presentment (after his death) at the next
court, enures as a severance of the jointure by relation, ib. Cus-
tom to surrender need not be alleged in pleading, unless surrender
made to the steward, &c. out of court, 634, 5.
CHAP. XLVI.
Of Alienation by Devise.
Signification and etymology of the word "devise," 636. How.
distinguished from a testament, ib. At common law, no lands were
deviseable except by custom, ib. Alteration in the common law
herein, by stat. 32 & 34 H 8. 637 to 639. Devise by custom, not
taken away by these statutes, 640, 1. What devises good under
the stats. of wills, 642 to 645. On devise of lands, the freehold in
law is in the devisee before entry, 645. Construction of devises,
646. Where there are several wills, or two inconsistent devises, the
last only shall stand, 646 to 652.
OF THE LAW OF TENURES AND REAL PROPERTY
OF ESTATES UPON CONDITION.
LITTLETON, having before spoken of estates absolute
now beginneth to entreat of estates upon condition (A). Nature of conditions
Glanv. lib. 10. cap. 8.
Bracton, lib. 2. ca. 5.
(A) Estates upon Condition, as Sir William Blackstone justly remarks, 6. 7, &c. lib. 4. fol. are more properly qualifications of other estates, than a distinct species 213. Brit. cap. 36. of themselves. Any quantity of interest, either fee-simple, a or a term for years, may be granted with an express condition annexed, 130. 205. 206, 207. whereby an estate may be created, enlarged, or defeated upon an uncer- 249. Fleta, lib. 3.. lain event. Where the condition must be pei performed before the estate cap. 9. & lib. 5. cap. can commence, it is called a condition precedent; but where the effect of 5. Mirr. cap. 2, sect a condition is either to enlarge or defeat an estate already commenced, 15. & 17, it is called a condition subsequent. Thus, if an estate be limited to A. upon his marriage with B., the marriage is a precedent condition, and till that happens nó estate vests in A. Show. Parl. Ca. 83. Or if a man make a lease of land to I. S. for ten years, provided that if he pay the lessor 101. at Michaelmas, he shall have the land to him and his heirs; this is also a condition precedent, and must be fulfilled ere the estate can take effect. Shep. T. 17. But where à lease is made for years, on condition that the lessee shall pay 101. to the lessor at Michaelmas, or else his lease shall be void, this is a condition subsequent; for here the estate is executed, but the continuance thereof depends upon the breach or performance of the condition. Ibid. So if a man grant an estate in fee-simple, reserving to himself and his heirs a certain rent, and that, if such rent be not paid at the times limited, it shall be lawful for him and his heirs to re-enter, and avoid the estate: in this case the grantee and his heirs have anter, and upon condition subsequent, which is defeasible if th
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