SURRENDER. "Sursum redditio properly is a yielding up of an estate for life or years to.him that hath an immediate estate in rever sion or remainder, wherein the estate for life or years may drown by mutual agreement between them." A surrender and a release both have the effect of uniting the particular estate with that in reversion or remainder ; but they differ in this, that whereas a release generally operates by the greater estate descending on the less, a surrender is the falling of the less estate into the greater.
Coke mentions three kinds of surrenders : 1. A surrender at com mon law, which is the surrender properly so called ; 2. A surrender by custom of copyhold lands or customary estates ; and, 3. A sur render improperly taken, as of a deed, a patent, of a rent newly created and of a fee-simple to the king.
1. The surrender at common law is of two aorta : 1. A surrender in deed or by words in writing, expressing the intention of the owner of the particular estate to yield it up to him in reversion or remainder ; and, 2. A surrender in law, which is wrought by operation of law, and
not actual; as if a lessee for life or years takes a new lease of the same land during the continuance of his term, this will be a surrender in law of the prior lease.
The surrender of terms of years will sometimes be presumed from length of time alone ; and many cases have arisen upon the question, after what periods mortgage terms have been satisfied, and terms which have been assigned to trustees to attend the inheritance and have not been subsequently dealt with, will be presumed to have been surrendered.
2. As to surrender of copyholds, see Corvuotn.
3. A surrender may be made of letters-patent and offices to the crown, to the intent that a fresh grant be may made of the same right; and a grant of the second patent for years to the same person, for the same thing, causes a surrender in law of the first.