and teſtament; and in my will I muſt declare my intentions, and name a deviſee, who will then be entitled to admiſſion[1].
In order the more clearly to apprehend the nature of this peculiar aſſurance, let us take a ſeparate view of it's ſeveral parts; the ſurrender, the preſentment, and the admittance.
1. A surrender, by an admittance ſubſequent whereto the conveyance is to receive it's perfection and confirmation, is rather a manifeſtation of the alienor's intention, than a transfer of any intereſt in poſſeſſion. For, till admittance of ceſtuy que uſe, the lord taketh notice of the ſurrenderor as his tenant; and he ſhall receive the profits of the land to his own uſe, and ſhall diſcharge all ſervices due to the lord. Yet the intereſt remains in him not abſolutely, but ſub modo; for he cannot paſs away the land to any other, or make it ſubject to any other incumbrance than it was ſubject to at the time of the ſurrender. But no manner of legal intereſt is veſted in the nominee before admittance. If he enters, he is a treſpaſſer and puniſhable in an action of treſpaſs: and if he ſurrenders to the uſe of another, ſuch ſurrender is merely void, and by no matter ex poſt facto can be confirmed. For though he be admitted in purſuance of the original ſurrender, and thereby acquires afterwards a ſufficient and plenary intereſt as abſolute owner, yet his ſecond ſurrender previous to his own admittance is abſolutely void ab initio; becauſe at the time of ſuch ſurrender he had but a poſſibility of an intereſt, and could therefore transfer nothing: and no ſubſequent admittance can make an act good, which was ab initio void. Yet, though upon the original ſurrender the nominee hath but a poſſibility, it is however ſuch a poſſibility, as may whenever he pleaſes be reduced to a certainty: for he cannot either by force or fraud be deprived or deluded of the effect and fruits of the ſurrender; but if the lord refuſe to admit him, he is compellable to do it by a bill in chancery or a mandamus[2]: and the ſurrenderor can in no wiſe defeat his grant; his hands being for ever bound from diſpoſing of the land
