An abridgement of the Lord Coke's commentary on Littleton collected by an unknown author; yet by a late edition pretended to be Sir Humphrey Davenport, Kt. And in this second impression purged from very many gross errors committed in the said former edition. With a table of the most remarkable things therein.

Sect. 525.

If a man letteth land to the husband and wife, to have and to hold, the one moity to the husband for terme of his life, and the other moity to the wife for her life, and the les∣sor confirm the estate of them both in the land, to have and to hold to them and to their heirs; by this Confirmation, as to the moity of the husband, it enureth only to the hus∣band and his heirs, for the wife had nothing in that moity, but as to the moity of the wife they are joyntenants, for the husband hath such an estate in his wifes moity in her right, as is capable of a Confirmation. But if such a lease for life be made to two men by several moities, and the lessor confirm their estates in the land to have and to hold to them and to their heirs, they are Tenants in Common of the Inheri∣tance; for reg. the Confirmation shall enure according to the quality and nature of the estate which it doth en∣large and encrease, 18 Ass. p. 3. 18 E. 3. Confirmation 17. fol. 299. b.

If a lease for life be made to A. the remainder to B. for life, and the lessor confirm, &c. A. taketh one moity to him and his heirs, and therefore of the one moity he is seised for life, the remainder to B. for life, and then to him and his heirs: of the other moity A. ••is seised for life, the immediate inheritance to B. and his heirs, because as to the moity which B. takes the same is executed, 39 H. 6. 9

If lands be given to two men, and to the heirs of their two bodies begotten, and the Donor confirm their two estates in the land, to have and to hold the land to them two and to their heirs; in this case some are of opinion, that they shall be joyntenants of the fee simple, because the Donees were jointenants for life, and the Confirmation must enure

according to the estate which they have in possession, and that was joynt. But others hold the contrary: For

1. They say, that the Donees have to some purposes seve∣rall inheritances executed, though between the Donees sur∣vivor shall hold for their lives.

2. They say, that when the whole estate which compre∣hended severall inheritances is confirmed, the Confirmation must enure according to the severall inheritances, which is the greater and most perdurable estate, and therefore that the Donees shall be Tenants in Common of the inheritance in this case.

Albeit in this case of Littleton, the husband by the Con∣firmation gaineth an estate for life in remainder, yet if the husband doth waste, an action of Waste shall lie against him and his wife, notwithstanding the mean remainder, because the husband himself committeth the wast and doth the wrong, 17 E. 3. 68. b. Sir Edward Caries Case, lib. 5. fo. 76. b.