Surrender

A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement.

Co. Litt. 337b.

The deed by which the surrender is made. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent of the latter.

Shep. Touch. 300, 301.

The technical and proper words of this conveyance are, surrender and yield up; but any form of words by which the intention of the parties is sufficiently manifested will operate as a surrender.

Perk. § 607; 1 Term R. 441; Comyn, Dig. "Surrender" (A).

The surrender may be express or implied. The latter is when an estate incompatible with the existing estate is accepted, or the lessee takes a new lease of the same lands.

16 Johns. (N. Y.) 28; 2 Wils. 26; 1 Barn. 6 Aid. 50; 2 Barn. & Aid. 119; 5 Taunt. 518. And see 6 East, 86; 9 Barn. & 0. 288; 7 Watts (Pa.) 123; Cruise, Dig. tit. 32, o. 7; Comyn, Dig.; 4 Kent, Comm. 102; Rolle, Abr.; 11 East, 317, note.