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Estates and Trusts

1927

University of Missouri Bulletin Law Series

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Operative Facts In Surrenders - Part 1, Merrill I. Schnebly Jun 1927

Operative Facts In Surrenders - Part 1, Merrill I. Schnebly

University of Missouri Bulletin Law Series

A discussion of surrenders is likely to begin with the oft repeated definition of Lord Coke:" 'SURRENDER' sursum redditio, properly is a yeelding up of an estate for life or yeares to him that hath an immediate estate in reversion or remainder, wherein the estate for life or yeares may drowne by mutuall agreement betweene them."' In the passages which follow Coke classifies surrenders in two different ways: first, into surrenders "in deed, or by express words", and surrenders "in law"; secondly, into surrenders "by deed" and surrenders "without deed". There is an obvious shift in the meaning of the …