to the encreaſe of a particular eſtate, is the ſame in all reſpects with that ſpecies of releaſe, which operates by way of enlargement.
9. A surrender, ſurſumredditio, or rendering up, is of a nature directly oppoſite to a releaſe; for, as that operates by the greater eſtate's deſcending upon the leſs, a ſurrender is the falling of a leſs eſtate into a greater by deed. It is defined[1], a yielding up of an eſtate for life or years to him that hath the immediate reverſion or remainder, wherein the particular eſtate may merge or drown, by mutual agreement between them. It is done by theſe words, "hath ſurrendered, granted, and yielded up." The ſurrenderor muſt be in poſſeſſion[2]; and the ſurrenderee muſt have a higher eſtate, in which the eſtate ſurrendered may merge: therefore tenant for life cannot ſurrender to him in remainder for years[3]. In a ſurrender there is no occaſion for livery of ſeiſin[4]; for there is a privity of eſtate between the ſurrenderor, and the ſurrenderee; the one's particular eſtate, and the other's remainder are one and the ſame eſtate; and livery having been once made at the creation of it, there is no neceſſity for having it afterwards. And, for the ſame reaſon, no livery is required on a releaſe or confirmation in fee to tenant for years or at will, though a freehold thereby paſſes; ſince the reverſion of the releſſor, or confirmor, and the particular eſtate of the releſſee, or confirmee, are one and the ſame eſtate; and where there is already a poſſeſſion, derived from ſuch a privity of eſtate, any farther delivery of poſſeſſion would be vain and nugatory[5].
10. An aſſignment is properly a transfer, or making over to another, of the right one has in any eſtate; but it is uſually applied to an eſtate for life or years. And it differs from a leaſe only in this: that by a leaſe one grants an intereſt leſs than his own, reſerving to himſelf a reverſion; in aſſignments he parts with the whole
