"A confirmation can make no fraction of any estate to extend but to part of the "estate only."(x) This observation must be confined to estates which are of freehold tenure. "If the parson makes a lease for a hun"dred years, the patron and the ordinary may confirm fifty of the years; for they "have an interest, and may charge in time "of vacation. And so if a disseisor make a "lease for a hundred years, the disseisee may confirm parcel of those years, but "then it must be by apt words; for he must "not confirm the lease or demise, or the estate "of the lessee, for then the addition for 66 parcel of the term should be repugnant, "when the whole was confirmed before; "but the confirmation must be of the land "for part of the term. So may the con"firmation be of part of the land; as, if it "be a lease of forty acres, he may confirm "twenty, &c. So if tenant for life make a "lease for a hundred years, the lessor," [namely, the original lessor,]" may confirm "either for part of the term, or for part of "the land. But an estate of freehold can"not be confirmed for part of the estate, for "that estate is entire, and not several as years be." (y) (x) Co. Litt. 296, a. See It was a refined distinction, that a con firmation of the term eo nomine, or of the estate, precluded any qualification, aiming at a confirmation for a particular period. The old books, as is evident from the passage cited out of Co. Litt. treated the term as comprising all the estate; and the words which express a particular time for the duration of the confirmation, as inconsistent. In modern times, this distinction seems to have been exploded. Plowden v. Cartwright. (z) On the same ground it was formerly held, that a grant of lands and all the estate, or of all the estate in the lands, would render an habendum for a particular time repugnant. This point was overruled in a late case, by which it is decided, that an habendum for a particular time will be operative, and the deed will receive the construction, that the lands, and the estate in the lands, are granted for the time expressed in the habendum. (a) Fifthly, An estate of freehold in lands cannot be defeasanced except by a condition contained in the deed granting the lands, or in a deed executed at the same time, and forming part of the same transac tion; but a term of years may be defeasanced (z) 1 Burr. 282. (a) Earl of Derby v. Taylor, 1 East. 502. by a deed executed at any time after the creation of the term. Sixthly, An estate of freehold is entire, and cannot, by the rules of the common law, be avoided, by condition, for part of the same. It must be wholly avoided, or not at all; while a term for years, which is merely a contract for the possession, may, by defeasance, be avoided, or suspended for a time, and left in force for the residue of the time. It is also to be noted, that limitations by way of use and by executory devise, may partially defeat part of an estate of freehold previously limited. Lastly, An estate of freehold granted by lease at the common law, cannot, by means of a condition, be made to cease, ipso facto, by the operation of the condition: but a condition annexed to a lease for years, that the lease shall, upon a particular event, be void, will actually defeat the estate. It follows, that an estate of freehold to which such condition is annexed, will, after the condition is broken, remain as a subsisting estate, till avoided by entry or claim, (b) and consequently may be confirmed or enlarged; while a term of years thus defeated by the condition, will, ipso facto, be avoided, and consequently cannot be enlarged, nor be (b) Co. Litt. 214, b.. confirmed by express words, or acceptance of rent; (c) since a confirmation must be of an estate which is voidable or defeasible only, and not of an estate which is void. It is also to be observed, that under the learning of uses and executory devises, an estate of freehold may, by a conditional limitation, operating as a future, or springing, or shifting use, or by an executory devise, be made to cease, ipso facto, without entry or claim. After these preliminary observations, it will be necessary only to consider the formal parts of a lease, and the cautions to be observed in preparing instruments of this description. The parts of a lease are, 1st, Its style; 2dly, The parties; 3dly, The consideration; 4thly, The grant ; 5thly, The parcels ; 6thly, The exception; 7thly, The habendum; 8thly, The reservation; 9thly, The conditions; and, 10thly, The covenants. 1st. Leases are made by indenture, or by deed poll.-Indentures begin with the words, (c) Co. Litt. 215. This Indenture, &c.; while in deeds poll the exordium is," Know all Men by these Pre“ sents, that I, A. B. in consideration of, " &c. have," &c.; or, To all persons to whom these presents shall come, A. B. sends greeting, &c. Know ye that, &c. 2dly, In indentures of lease, as in other deeds, the grantors-namely, lessors-on the one part, and the grantees-that is, the lessees-on the other part, should be named as the parties; and care should be taken that the lessors are competent to make a lease, either in right of some estate, or by virtue of some power. Sometimes, as when a lease is made pursuant to a power, which requires consent, or is made by a trustee who has no right to lease without the concurrence of his cestui que trust, the person whose consent is so required, or the cestui que trust, should be also named as a party, that he may express such consent, or give his concurrence. And when different persons, having different interests, are the lessors, the number of parties will be increased. As often as the person, who is to be the immediate lessor, has merely a particular estate, or a doubtful or defeasible title, there should, if the intention requires it, be the concurrence of those persons, who may give stability and confirmation to the lease. When A. has the fee under a defeasible title, a lease granted by |