estates, conveyancing. 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. 337, b. 2. 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 surrenderer, aud vests it in the surrenderee, even without the assent of the latter. . 3. 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. 4. 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.
Law Dictionary – Alternative Legal Definition
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. An assurance restoring or yielding up an estate, the operative verbs being “surrender and yield up.” The term is usually applied to the giving up of a lease before the expiration of it Wharton. The giving up by bail of their principal into custody, In their own discharge. 1 Burrill, Pr. 394. Of charter. A corporation created by charter may give up or “surrender” its charter to the people, unless’ the charter’ was granted under a statute, imposing “indefeasible duties on the bodies to which it applies. Grant Corp. 45. Surrender by bail. The act, by bail or sureties in. a recognizance, of giving up their principal again into custody. Surrender by operation of law. This phrase is properly applied to cases where the tenant for lice or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his particular estate continued to exist. Surrender of copyhold. The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord for such purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward, either in court or out of court, or else to two customary tenants of the same manor, provided there be a custom to warrant it and there, by delivering up a rod, a glove, or other symbol, as the custom directs, to resign into the hands of the lord, by the hands and acceptance of his steward, or of the said two tenants, all his interest and title to the estate, in trust, to be again granted out by the’ lord to such persons and for such uses as are named in the surrender, and as the custom of the manor will warrant. Brown. Surrender of criminals. The act by which the public authorities deliver a person accused of a crime, and who is found m their jurisdiction, to the authorities within whose jurisdiction it is alleged the crime has been committed. Surrender of a preference. In bankruptcy practice. The surrender to the assignee in bankruptcy, by a preferred creditor, of anything he may have received under his preference and any advantage it gives him, which he must do before he can share in the dividend. In re Renter’s Estate, 1 Dill. 544, Fed. Cas. No. 11.803. Surrender to uses of will. Formerly a copyhold interest would not pass by will unless it had been surrendered to the use of the will.