does not enure by way of mitter le Droit, for then should he have the whole right, but by way of extinguishment, in respect of him that made the release, and that it fhall enure to him in remainder. $ 39. With refpect to the things that may be released, it is a rule of law, that no poffibility, right, title, or thing in action, shall be granted or affigned to strangers, for that would be the occafion of multiplying contentions and fuits. § 40. Hence it is faid by Littleton, that a fon can- f. 446. not release to his father's diffeifor, in the lifetime of the father, because he has no right to the land during the life of his father; and, therefore, in fuch a cafe, 1 Inft 265 a. the fon may enter on the land, against his own release. § 41. But although a mere poffibility cannot be released to a stranger, yet all rights, titles, and actions, may be released to the terre-tenant, for fecuring his repofe and quiet, and for avoiding contentions and fuits; and, therefore, a right or title to an estate of freehold, be it in præfenti or futuro, may be released in five manners. 1ft, To the tenant of the freehold in fact or in law, without any privity. 2d, To the perfon in remainder. 3d, To the perfon who is feised of the reverfion, without any privity. 4th, To the person who has right only in respect of privity; as, if the tenant be diffeifed, the lord may release his fervices, in respect of the privity and right, without any eftate. 5th, In respect of privity only, without right, 10 Rep. 48 a. Of a Confir nation. as if tenant in tail makes a feoffment in fee, the donee, after the feoffinent, has no right, and yet, in respect of the privity only, the donor may release to him the rent and all fervices, faving fealty. 66 § 42. A confirmation is of a nature nearly allied 1 ft. 295 b. to a release. Lord Coke defines it to be, a conveyGilo. Ten 75ance of an eftate or right in effe, whereby a void"able estate is made fure and unavoidable, or where66 by a particular eftate is encreased." § 43. The proper technical words of a confirmation are, ratify, approve, and confirm: and Littleton fays, that confirmare idem eft quod firmum facere. $ 44. The words dedi et conceffi have the fame effect in fome cafes as the word confirmare. Thus, if a diffeifce conveys to the diffeifor by the word dedi, or conceffi, it will operate as a confirmation. § 45. The first part of the definition of a confirmation, may be illuftrated by the following cafe: Where a tenant for life makes a leafe for 20 years, and dies during the term, if the reverfioner confirms the leafe during the life of the tenant for years, it will be no longer voidable. $ 46. As to the latter branch of the definition, whenever a confirmation operates by way of increafing the estate, it is fimilar in all respects to that kind of release which operates by way of enlargement, for there must be a privity of eflate, and proper words of limitation. § 47. In § 47. In the cafe of a diffeifin, a confirmation by Lit.f.519,20. the diffeifee to the diffeifor, of his eftate, will give him a fee-fimple, without the word heirs. And it would be the fame, if the estate of the diffeifee had been confirmed for a day or an hour only. But if a 1 loft, 297 4 diffeifor makes a leafe for 100 years, the diffeifee may confirm parcel of thefe years by apt words, without confirming the whole, $ 48. Mr. Butler has obferved upon this paffage, Id. n. 1. that the diftinctions taken here by Lord Coke are, that a confirmation of a tenant of freehold or inheritance cannot be fo worded as to have a lefs operation than that of confirming his whole eftate: confequently, a confirmation to fuch a tenant, either of the lands or of his estate in them, for any term or period, is a confirmation of his whole fee. A diffeifor always acquires by the diffeifin a tortious fee-fimple; a confirmation, therefore, to him, however qualified, is a confirmation of his whole fee. It is otherwise in the case of a term of years; a confirmation may be made of part of the term only. The reafon of this difference is, that an estate of freehold, or of inheritance, is confidered as integral and indivisible. But as years are several, the term which is compofed of them, is neceffarily fractional and divisible, and may consequently be confirmed in part only, by using proper expreffions for this purpose. If a person confirms the estate of the tenant for years for part of the term, as the word eftate fignifies all the interest or term of years which the tenant has, the fubfequent words are not confidered as qualifications of the former words, but as abfolutely repugnant to Sect. 524. 1 Inft. 295 b. to them; and as both cannot stand together, the law prefers the first, which are the principal, to the other, which are only secondary. § 49. Littleton fays, if a man lets land to another for life, and after confirms his estate which he hath in the fame land, to hold his estate to him and his heirs, this confirmation to his heirs is void, for his heirs cannot have his estate, which was but for term of his life. But if he confirms his estate by these words, to have the fame land to him and his heirs, this confirmation will give him an estate in fee-fimple; because it applies to the land, and not to the estate in the land. $ 50. Lord Coke fays, that a confirmation doth not strengthen a void estate; confirmatio eft nulla, ubi donum præcedens eft invalidum, et ubi donatio nulla omnino, nec valebit confirmatio: for a confirmation may make a voidable or defeasible estate good, but it can not work upon an estate that is void in law, A $15. Of an Affignment. 18. No technical Words ne- 20. Must be by Deed. Section 1. SURRENDER, furfum redditio, is of a nature of a Surren directly oppofite to a release; for, as that ope rates by the greater eftate defcending upon the less, a furrender is the falling of a less estate into a greater by deed. der. Lord Coke defines it to be, a yielding up of an estate Inst. 337 6. for life or years, to him that hath an immediate estate in reverfion or remainder, wherein the eftate for life or years may drown, by mutual agreement between them. § 2. It has been held, after great confideration, that a furrender immediately divefts the estate out of the furrenderors, and vests it in the furrenderee; for this is a conveyance at common law, to the perfection of Thompson v. 2 Salk. 618. |