Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

possession of the same in his name and for his use; and also to demand and receive all rents now in arrear, or which may hereafter become due from the tenants, hold. ers or occupiers of such lands, tenements and hereditaments, or any part or parcel thereof, and to give acquittances and discharges for the same; and also in default of payment of such rents or any part or parcel thereof, to levy the same by distress acoording to law, or to prosecute for the same by action. In witness, &c.

A general Power by Substitution. V NOW all men by these presents, that whereas A B A of &c. by his certain letter of attorney bearing date the &c. did make, &c. (reciting the power at large ) as by the same letter of attorney reference being thereunto had will more fully appear. Now know ye that I the said CD, the attorney so named, in virtue of the authority to me given, in and by the said letter of attorney have nominated and appointed, and by these presents do nominate and appoint J E of, &c. as my substitute and the attorney of the said A B for the purposes in the said letter of attorney mentioned, and as the attorney of the said A B, to do, permit, suffer and perform, all and singular the matters and things in the said letter of attorney specified, and which by the said letter of attorney I am authorised to do, permit, suffer or perform. In witness, &c.

A Revocation of a Letter of Attorney. V NOW all men by these presents, that whereas I, A Il B of in and by my letter of attorney, bearing dale did make,constitute and appoint C D of my attorney, for recovery of all debts and sums of money whatsoever due to me the said A B from E F of as by said letter of Attorney may appear ; Now know ye, that I the said A B have revoked, countermanded, annulled and made void, and by these presents do revoke, coun. termand, annul, and make void, the said letter of attorney, and all power and authority thereby given or intended to be given to the said CD. In witness &C.

RELEASES OR ACQUITTANCES.

PRACTICAL REMARKS.

A release must be by an instrument sealed ; and the most beneficial release which a man can have is one of all demands.

Where a person has a cause of action against several, either for a debt due or a wrong done, and for which they are jointly and separately liable, it seems that a release to one, is a release to all.

A Release made in pursuance of an award. T NOW ALL MEN by these presents, that I, JS of, J &c. in the county of, &c. have remised, released, and forever quit-claimed ; and by these presents de remise, release, and forever quit-claim unto RS of, &c. in the said county, his heirs, executors and administrators, all actions, cause and causes of action, judgments, suits, controversies, trespasses, debts, duties, damages, accounts, reckonings and demands whatsoever, for or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of — last, save and except my right to redeem a certain farm now in mortgage to the said RS, at the time, under the terms and in the manner prescribed in and by a certain award made the day of in the year by S K of, &c. on a reference to him of all disputes between me and the said R S. In Witness.

A Release of a Trust. · IT NOW all men by these presents, that whereas in di and by certain indentures of bearing date on or about and made or mentioned to be made between CD of of the one part, and me AB of of the other part, the said C D for the considerations therein mentioned, did grant - In which said indenture of

I the said A B do hereby declare, that my name was only used in trust for E F of Now know ye, that I the said A B, in discharge of the trust in me reposed as aforesaid, and at the request of the said E F have remis. ed, released, surrendered, assigned, transferred and set over, and by these presents do for me, my executors and administrators, freely and absolutely remise, release, surrender, assign, transfer, and set over unto the said E F, his executors, administrators and assigns, all the estate, right, title, interest, benefit, trust, claim and demand whatsoever, which I the said A B, my executors or ado ministrators, can, shall or may have, or claim of, in or to the said premises, or of, or in any sum or sums of money, or other matter or thing whatsoever, in the said indenture of contained, mentioned and expressed ; so that neither I the said A B, my executors or administrators,at any time hereafter, shall or will claim, challenge or demand any interest, property, benefit or other thing, in any manner whatsoever, by reason or means of.the said inden. ture or any covenant therein contained; but thereof and therefrom, and of and fron, all actions, suits and demands, which I, my executors or administrators, may have, concerning the same, shall be forever debarred by these presents. In witness, &c.

A Release of a Legacy. V NOW all men by these presents, That whereas A B 1 of by his last will and testament in writing, bearing date did among other legacies therein contained, give and bequeath unto me, C D of the sum or legacy of and of his said will made and constilu. ted E F sole executor, as in and by the said will may ap. pear. Now know ye, that I the said C D do hereby con. fess and acknowledge, that I have had and received of and from the said E F the legacy or sum of so as afore. said given and bequeathed unto me by the said AB. And therefore I do by these presents acquit, release and discharge the said E F of and from all legacies, dues, duties and demands whatsoever, which I, my executors or adeministrators may have, claim, challenge or demand of or against the said E F, his executors or administrators, by

virtue of the said last will and testament of, or out of the estate of the said A B deceased as aforesaid.

In witness, Ca

A Release from a Legatee upon his coming to age. TZ NOW all men by these presents, That whereas A B

of made his last will and testament in writing, bearing date and among other legacies therein con. tained, did give and bequeath unto me, C D of his son, the annual sum of to be paid to me quarterly, until I should attain the age of one and twenty years ; and of his will constituted É F and G H joint executors, as in and by the said will may appear : And whereas, the said E F and G H did jointly accept of the said executor. ship and trust, and I, the said C D have attained my said age of twenty-one years : And whereas, the said E F and G'I have made up an account with me, the said C D of all monies received and paid by the said EF and G H and of all transactions in pursuance of the said executor. ship and trust; and have not only paid me, the said CD the balance of such accounts, but also delivered unto me all the writings and papers belonging to the estate of the said deceased A B. Now know ye, that I the said CD being fully satisfied in the premises, have remised, releasod, and forever quit claimed, and by these presents, do remise, release and forever quit claim unto the said EF and G H, and each of them, their and each of their executors and administrators, all reckonings and accounts, sum and sums of money by them had and received, in pursus ance of the said trust, or by any means of their being ex. ecutors to the said A B as aforesaid ; and also of and froin all other reckonings, accounts and demands whatsoever, from the beginning of the world to the day of the date of these presents. In witness, &c.

Release to an executor very special. Oro all to whom these presents shall come RC of &c.

and Chis wife (one of the daughters, devisees and le. gatees named in the last will and testament of J K late of &c. deceased) send greeting : whereas the said J K at the time of his death being possessed of, interested in, or entis tled unto a considerable personal estste, did, on or about the day of me in the year make and duly publish his last will and testament in writing, and thereby gave, devised and bequeathed unto his the said testator's two daughters, the said C C and M D the wife of T D, all his the said testator's estate, both real and personal, to be equally divided between them share and share alike. And the said testator appointed T E, executor of his : said will. In trust to sell the saleable part of his, the said testator's estate and effects, and to apply the same according to the directions in his said will as by the said will relation being thereunto had may more fully and at large appear; by virtue of which said will he the said T E possessed himself of so much of the personal estate of the said testator as could be received, in trust as afore. said. And whereas the said T E has paid unto the said TD and M his wife, the proportionable share or interest in the said testator's estate and effects, andis willing and desirous to pay to the said R C and C his wife, their pro. portionable share thereof on being indemnified and released in such manner as hereinafter is mentioned. And whereas the said T E hath received in cash and by sale of the saleable part of the said testator's estate and effects the sum of And there are now several notes of hand and book debts still outstanding, which are due to the said testator's estate, which cannot be by him got in and received, (notwithstanding he hath used kis utmost en. deavours 0 to do and which he apprehends are desperate, and on fair and just account now stated between the said TE and R C and C his wife, and after all charges, expenses and disbursements thereo ut allowed and deducta ed, there now remains due to the said RC and Chis wife on the balance thereof the sum of .

Now these presents witness, that for and in considera. tion of the said sum of to the said RC and C his wife, in hand well and truly paid by the said T E, at or before the sealing and delivery of these presents, the receipt whereof they the said RC and C his wife do hereby respectively acknowledge, and thereof and of and from every part and parcel thereof, do and each of them doth acqui!, re ease and discharge the said T E his executors and administrators. by these presents, being in full for their share, of all the personal estate and effects of the

« ΠροηγούμενηΣυνέχεια »