undertaking: AND WHEREAS, for the settlement of such questions, it was agreed that the costs and expenses of the said undertaking should be borne and paid by the parties hereto in the shares and proportions following, that is to say, three equal sixth shares thereof by the said [A. B.], two equal sixth shares thereof by the said [C. D.], and the remaining one equal sixth share thereof by the said [E. F.], and that they should share the profits of the said undertaking (if any) in the same proportions: AND WHEREAS an abstract of the receipts and expenditure in respect of the said undertaking is set forth in the schedule hereunder written, whereby it appears that the net profits divisible in the proportions agreed upon as aforesaid amounted to £600, and accordingly such amount has been distributed among and received by the several parties hereto in the proportions or sums following, that is to say, the sum of £300 by the said [A. B.], the sum of £200 by the said [C. D.], and the sum of £100 by the said [E. F.], as the parties hereto respectively acknowledge: AND WHEREAS there have been divers other accounts, dealings, and transactions between the parties hereto, all of which have been adjusted and settled: NOW THIS INDENTURE WITNESSETH, that in consideration of the premises, each of them the said [A. B.], [C. D.], and [E. F.] doth, and every two of them do, hereby release the others, and each of the others of them, and their and his heirs, executors, administrators, estates and effects, from all sums of money, accounts, actions, proceedings, claims and demands whatsoever, which any one or any two of them the said [A. B.], [C. D.], and [E. F.], now has at any time heretofore or has had or may have had against the others or either of the others of them, for or by reason or in respect of any act, cause, matter, or thing whatsoever, to the date of these presents. IN WITNESS, &c. THE SCHEDULE ABOVE REFERRED TO. IV. RELEASE from CREDITOR to DEBTOR on Receiving a Sum of Money in Satisfaction of Disputed Claims. THIS INDENTURE, made the day of 19 BETWEEN [releasor], of, &c., of the one part, and [releasee], of, &c., of the other part: WHEREAS the said [releasor] has from time to time, during several years past, advanced various sums of money to or on the account of the said [releasee]; and certain other dealings and transactions have taken place between them, by means whereof the said [releasee] became indebted to the said [releasor] in a considerable sum of money: AND WHEREAS the said [releasor] made certain claims and demands against the said [releasee], by reason of the transactions aforesaid, the validity of some part of which claims and demands was denied by the said [releasee]; in consequence whereof disputes and differences arose between the said parties respecting the same: AND WHEREAS, for the purpose of terminating and adjusting such disputes and differences, it was lately agreed between the said [releasor] and [releasee], that the said [releasee] should pay to Parties. Recitals: settlement; the said [releasor] the sum of £500, in full satisfaction and discharge of all claims and demands whatsoever; and that on receiving the same, the said [releasor] should execute to the said [releasee] such release as is hereinafter contained: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the sum of £500 now paid by the said [releasee] to the said [releasor] (the receipt of which sum he the said [releasor] hereby acknowledges), he the said [releasor] hereby releases the said [releasee], his heirs, executors, and administrators, from All and all manner of sums of money, debts, accounts, actions, proceedings, claims, and demands whatsoever, which he the said [releasor] now has, or which he, his heirs, executors, or administrators but for these presents, could, would, or might, at any time or times hereafter, have, upon or against the said [releasee], his heirs, executors, or administrators, for or by reason or on account of any matter, cause, or thing whatsoever, up to and inclusive of the day of the date of these presents. IN WITNESS, &c. V. RELEASE by REMAINDERMAN of ACTIONS on account of Waste committed by Tenant for Life, the Releasor's Father. THIS INDENTURE, made the day of 19, BETWEEN [releasor], of, &c., of the one part, and [releasee], of, &c., of the other part: WHEREAS, &c. [recite marriage settlement of and in strict of marriage hereditaments in the parishes of that releasor settlement]: AND WHEREAS the said [releasor] is the first and only is the only son of the said [releasee], and Dame [wife], his wife; and he attained marriage; the age of twenty-one years on or about the son of the inrolled assurance of waste committed by tenant for life; day of now last past; AND WHEREAS, by an indenture, dated on or about for barring the day of last, and made between the said the entail; [releasee], of the first part; the said [releasor], of the second part; and [grantee to uses], of, &c., of the third part, the said hereditaments comprised in the indenture of settlement herein before recited, have been assured or limited to the use of the said [releasee] and his assigns for his life, with remainder to the use of the said [releasor], his heirs and assigns, discharged of all estates tail of the said [releasor], and all estates, rights, titles, interests, and powers, to take effect after the determination or defeasance of the same estate tail; AND WHEREAS the said [releasee] did some time since, with the privity and consent of the said [releasor], his son, fell and cut down considerable quantities of timber and other trees, standing and being in or upon the lands and hereditaments comprised in the said indenture of settlement; and did sell and dispose of the same, and apply the produce agreement thereof for his own use; AND WHEREAS, for the purpose of discharging the said [releasee] from all actions, proceedings, claims, and demands whatsoever, in respect of the timber and other trees so felled and cut down by him as aforesaid, and the produce thereof, the said [releasor] hath agreed to execute the release hereinafter contained: NOW THIS INDENTURE WITNESSETH, that, in for release. Testatum. forfeitures, Release of pursuance of the said agreement, and in consideration of the natural actions, &c. love and affection which the said [releasor] hath for the said [releasee], Parties. his father, he the said [releasor] hereby releases the said [releasee], his executors, administrators, and assigns, and all the estate and effects whatsoever, of him, them, and every of them, of and from all and all manner of forfeitures, actions, and causes of action, proceedings, accounts, claims, and demands whatsoever, for or by reason or on account of his, the said [releasee], having felled and cut down, sold and disposed of such timber and trees, or any part thereof, or for or by reason or on account of any matter, cause, or thing, in anywise relating to the premises. IN WITNESS, &c. VI. RELEASE of DOWER and FREEBENCH. and day of TO ALL TO WHOM THESE PRESENTS SHALL COME, [douress], of, &c., widow of [husband], late of, &c., SENDS GREETING: WHEREAS the said [husband] died intestate on the 19, leaving the said [dowress] and [son], his eldest son, him surviving; AND WHEREAS the said [husband] was at the time of his death seised of certain freehold lands and hereditaments in the parishes of , in the county of in fee simple, and was also seised of or entitled to certain copyhold lands and hereditaments in the same parishes in customary fee simple; AND WHEREAS the said [dowress] has, at the request of the said [son], agreed to release all her claim of dower in or out of the same lands and hereditaments in manner hereinafter appearing; NOW KNOW YE AND THESE PRESENTS WITNESS, that the said [dowress], in consideration of the love and affection she bears to the said [son], hereby releases unto the said [son], and to such other person or persons (if any) as the release hereby made may concern, and to their respective heirs and assigns, for ever, all right and title of dower or freebench, whether at common law or by the custom, which she has, or may have, or be entitled unto, in or out of all or any of the freehold, copyhold, or customary lands, hereditaments, or estates whatsoever, of the said [husband] deceased, or the rents, issues, and profits thereof, or any part or parcel thereof, with the appurtenances; and all actions, proceedings, causes of action or proceeding, accounts, claims, and demands whatsoever, for or in respect of any such dower or freebench as aforesaid. IN WITNESS, &c. VII. RELEASE of POWERS of JOINTURING and CHARGING THIS INDENTURE, made the day of 19 BETWEEN [tenant for life], of, &c., of the one part, and [remainderman], of, &c., of the other part; AND SUPPLEMENTAL to an indenture of settlement (hereinafter referred to as the principal Recitals: indenture), dated, &c., and made between [parties]: WHEREAS [first VOL. XII. 40 &c., of pre for life; family; of agreement for release. Testatum. powers. WHEREAS on the day of of marriage, [tenant for life] intermarried with [wife], formerly [wife's maiden name], sent tenant spinster, and he is now tenant for life in possession of the manors and hereditaments comprised in the principal indenture; AND of state of WHEREAS the said [remainderman] is the eldest son of the said [tenant for life] and [wife], and attained the age of twenty-one years on the 19 and he is now entitled to an estate tail in the said manors and hereditaments in remainder expectant on the decease of the said [tenant for life], and there has been issue of the said marriage three other children and no more, namely [give names], all of whom are infants and unmarried; AND WHEREAS the said [tenant for life] has recently under the will of [testator], of, &c., deceased, dated, &c., and proved, &c., become possessed of or entitled to personal estate of considerable amount and value, out of which he the said [tenant for life] intends to make adequate provision for the said [wife], if she should survive him, and also for his children now or hereafter to be born other than the said [remainderman], and he has accordingly agreed with the said [remainderman] to release the powers of jointuring and charging portions given to or vested in him the said [tenant for life] by the principal indenture in manner hereinafter appearing: NOW THIS INDENRelease of TURE WITNESSETH, that, for effectuating the said arrangement and in consideration of the premises, He the said [tenant for life], hereby absolutely and irrevocably releases unto the said [remainderman], his heirs and assigns, and unto all and every other person and persons having or who may hereafter have any estate, right or interest, in to or out of the manors and hereditaments comprised in or which now are or hereafter may or otherwise would be or become subject to the respective powers to be hereby released or any part or parts thereof; First, All that the power or authority which by the principal indenture is given to or vested in the said [tenant for life] by deed or will, to charge the said manors and hereditaments, or any part thereof, by way of jointure as therein mentioned, and to limit or create the usual powers and remedies, and to limit a term of years to secure the same; And secondly, All that the power or authority which by the principal indenture is given to or vested in him, to charge all or any of the manors and hereditaments therein comprised, or any part or parts thereof, with the payment, for the portion or portions of his younger child or children, of such sum or sums of money and in such manner as in the same indenture is mentioned, with all such other accompanying authorities as are in that behalf therein contained, And all benefit and advantage of the said several powers and authorities, To the intent that the same shall respectively be absolutely extinguished and cease to be exercisable. IN WITNESS, &c. Parties. Recitals: of settlement; VIII. RELEASE from a JOINTURE RENT-CHARGE of Part of the Lands charged therewith, and Surrender of Term created for securing the Rent-Charge. day of 19 THIS INDENTURE, made the BETWEEN [jointress], of, &c., widow, of the first part; [trustee], of, &c., and [trustee], of, &c., of the second part; And [releasee], of, &c., of the third part: WHEREAS [recite settlement whereby manors, lands, and hereditaments were limited to A. B. for life, with remainder to the use that his widow should receive a jointure rent-charge of £ and limitation of term of years to trustees for securing the jointure, with remainders in strict settlement in favour of the issue of A. B., with remainder to use of releasee for his life, with remainders of death of over]; AND WHEREAS the said [A. B.] died on the tenant for life without issue; of agreement for release; of agreement by trustees to the term. jointure. day of 19 without having had any issue, leaving the said [jointress] him surviving; AND WHEREAS the said [releasee] is now the tenant for life in possession of the manors and hereditaments comprised in the hereinbefore recited indenture of settlement, and being desirous of selling such of the same hereditaments as are here inafter released, has requested the said [jointress] to release the same from her said jointure rent-charge, which she the said [jointress], being satisfied that the remainder of the said hereditaments on which her said jointure rent-charge is charged is a sufficient security for the same, has consented to do; AND WHEREAS the said [trustee] and [trustee] have agreed, at the request of the said [releasee] and surrender with the consent of the said [jointress], to surrender the said hereditaments hereby released unto the said [releasee], in manner Testatum. hereinafter appearing : NOW THIS INDENTURE WITRelease of NESSETH, that, for the purpose of enabling the said [releasee] to effectuate the said sale, and in consideration of the premises, she the said [jointress] hereby releases ALL AND SINGULAR the messuages, lands, and hereditaments particularly described in the schedule hereunder written, from the said jointure rent-charge of £ so charged thereon as aforesaid, And from all actions, proceedings, accounts, claims, and demands whatsoever for or in respect thereof, or any part thereof, and all powers and remedies for recovering the same. And the said [jointress] hereby covenants with the said [releasee] that she the said [jointress] has not done, omitted, or knowingly suffered or been party or privy to anything whereby she is in anywise hindered from releasing the said hereditaments hereby released, or any part thereof, from the said jointure rent-charge of £ and the powers and remedies for recovering the same in manner aforesaid: AND THIS INDENTURE FURTHER WITNESSETH, that, in pursuance of the said agreement, and in consideration of the premises, the said [trustee] and releasor and [trustee], at the request and by the direction and appointment of the surrenders said [jointress], Do, and each of them DoтH, hereby surrender, and as trustees and trustee convey unto the said [releasee], his heirs and assigns, ALL THOSE the messuages, lands, hereditaments, and premises, particularly described in the schedule hereunder written Covenant against incum brances. Further testatum Trustee, by the direction of the releasee, all the estate. |