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said testator come to the hands of the said T E, they the said R C and C his wife, have and each of them hath re. leased, exonerated and discharged, and by these presents do and each of them doth release, exonerate and dis. charge the said T E, his executors and administrators, of and from the trusts so vested in him, in and by the will of the said J K as aforesaid.
And also of and from all sum and sums of money whatsoever, by him the said T E, received under or by virtue of the trusts aforesaid, and also of and from all accounts, matters and things whatsoever, relating to the personal estate of the said testator, or otherwise touching or con-. cerning the same.
And these presents further witness, that for the consid. crations aforesaid, they the said R C and C his wife, have and each of them hath remised, released and forever quit. claimed, and by these presents do and each of them doth remise, release and forever quit-claim unto the said T E. his heirs, executors and administrators, all and all manner of action and actions, suit and suits, cause and causes of action and suits, both at law and in equity, or otherwise howsoever, which they the said R C and C his wife, or either of them now have or ever had, or which they or either of them, their or any of their heirs, executors or administrators at any time hereafter can, shall or may have, claim, challenge or demand against the said TE, his executors or administrators, for or on account of his being executor or trustee under the will of the said testa-tor, or acting in the disposition or intermeddling with the said personal estate or otherwise howsoever, touching or concerning the same from the beginning of the same to the day of the date of these presents.
And lastly, he the said RC for himself and for the said C his wife, their executors and administrators doth here. by covenant, promise and agree to and with the said T E, his executors and administrators by these presents, that in case there shall at any time hereafter appear to be any just debts due from the estate late of him the said J K, to any person or persons whomsoever, that then and in such case he the said R C and C his wife or one of them, some or one of their executors or administrators shall and will well and truly pay, satisfy and discharge the same ; and also shall and will from time to time and at
all times hereafter, well and sufficiently save harmless and keep indemnified the same T E, his heirs, executors and administrators and his and their and every of their lands and tenements, goods and chattels, as well of and from the payment of all and every the debts which are now due from the estate late of the said J K as aforesaid, as also of and from and against all actions, suits, costs, .charges, damages and expenses whatsoever, which shall or may be brought or commenced against the said TE, his executors or administrators, or which he, they or any or either of them shall or may pay, bear, sustain, suffer or be put unto for or by reason or on account of the said T E, acting as executor or trustee as aforesaid, under the will of the said J K or otherwise howsoever.
In witness, &c.
A general release from one to one. TZ NOW all men by these presents, that I, A B of, &c.
I have remised, released and for eyer discharged, and by these presents do for me, my heirs, executors and ad. ministrators, remise, release, and for ever discharge, BC of, &c. his heirs, executors and administrators of and for all and all manner of actions, causes of action, suits,debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, damages. judgments, extents executions, claims and demands whatsoever in law and equity, which against the said B, I ever had, now have, or which I, my heirs, executors or administrators hereafter can, shall or may have, for', upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents.
In witness, &c.
From two to one. THAT we A B of, &c. and C D of, &c. have and each
of us bath remised, &c. and by. &c. do, and each of us doth for us, and each of our heirs, &c remise, &c. which against the said E, we, or either of us ever had, now have, or which we, or either of us, ouror either of our heirs, &C.. hereafter can, &c.
A release between two traders on settling accounts: W HEREAS sundry accounts current, and otherwise,
Y and divers dealings in trarle have been subsisting and depending for many years last past, between B P of, &c. and H J late of, &c. but now of, &c. which said accounts and dealings they the said B P and H J have balanced and adjusted by which balance it appears that nothing remains due from the one to the other ; therefore to prevent any future disputes touching or concerning such accounts and dealings, and to ascertain and confirm such balance and adjustment, they the said B P and H J have mutually a. greed to give and execute reciprocal releases to each other: Now * know all men by these presents, that he the said B P (for the considerations aforesaid, and to prevent all future disputes) for himself, his executors and administrators, hath remised, released, and forever quit.claim. ed, and hy these presents doth remise, release and forever quit claim unto the said H I his, heirs, executors and ad. ministrators, all and all manner of actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, variances, damages, judgments, extents, executions, claims and demands whatsoever, both at law and in equity, which against the said H J, his heirs, executors and administrators, he the said B P now hath or ever had, on account of their said mutual dealings, or for or by reason of any other cause, matter or thing whatsoever, from the beginning of the world to the day of the date of these presents. In witness, &c.
*N B. After the words, ( Know all men, &c.) instead of B P put H J, and instead of H J put B. P which will be a counter release.
Release to e Guardian. K NOW all men by these presents, that L M son and
1. heir of S M deceased, hath remised, released, and forever quit-claimed, and by these presents doth remise,re. lease, and forever quit claim unto I H of, &c. his guardian, all and all manner of actions, suits, reckonings, accounts, debts,dues and demands whatsoever, which he the said L M ever had, now hath, or which he, his executors or ad ninistrators, at any time hereafter, can or may have, claim, før demand against the said I H, his executors, or administrators, for, touching or concerning the management and disposition of any of the lands, tenements or hereditaments of the said L M, situate, &c. or any part thereaf, or for or by reason of any money, rents or other profits by him received out of the same, or any paviments made there. of during the minority of the said I. M, or by reason of any matter, cause. or thing whatsoever, from the beginning of the world to the day of the date hereof.
In witness, &c.
· If a man's estate consists merely of personal property, he may make his will, without witnesses, but it is best to have them.
If real estate is to pass by it, there must be three witnesses at least ; and these witnesses must subscribe the will, in the presence of the testator.
The attestation is sure to be good, if the testator signs the will in the presence of three witnesses-tells them it is his will, and requests them to witness it--and sees them write their names as witnesses.
In drawing the will, it ought to be recollected, that any provision made in it for the wife, will not prevent her have ing dower also, unless it is declaredto be iu lieu of dower.
In a devise of real estate, it is always adviseable to say what interest is intended to be given, whether for years, or life, or forever,: and also to describe the property with reasonable certainty.
Lards purchased after making a will, do not pass by it, uniess it is republished : nor will after born children receive any benefit from it, unless they are provided for by a codicil.
The republishing of a will, is in fact a new execution of it, and it may be done in the presence of the former, or any other three witnesses.
A codicil is as far as it goes, a new and supplemental will, and requires a like attestation, with the original will.
The form of a Will, with the Devise of a Real es.
tate, Leasehold, &c. MT HELast Will and Testament of A C, of &c. I, AC
considering the uncertainty of this mortal life, and being of sound mind and memory,(blessed be almighty God for the same do make and publish this my last will and testament, in mainer and form following, (that is to say,) First, I give and bequeath unto my beloved wife J C. the sum of Item, I give and bequeath' to my eldest son G C the sum of Item, I give and bequeath unto my two younger sons JC and FC the suniof each. Item, I give and bequeath to my daughter in-law, SH, single woman, the sun of which said several legacies or sums of money I will and order to be paid to the said respective legatees within six months after my decease. I further give and devise to my said eldest son G C, his heirs and assigns, all that messuage or tenement, situated, lying and being ini, &c. together with all my other freehold estate whatsoever, to hold to him the said G C, his heirs and assigns forever. And I hereby give and bequeath to my said younger sons JC and F C all my leasehold estate of and in all those messuages or tenements with the appurtenances, situate, &c. equally to be divided between them. And lastly, as to all the rest, residue and remainder of my personal estate, goods and chattels of what kind and nature soever, I give and bequeath the same to my said beloved wife J C whom I hereby appoint sole execu. trix of this my last will and testament ; hereby revoking all former wills by me made. In witness whereof I have hereunto set my hand and seal, the - day of in the year of our Lord one thousand
А с. Signed, sealed, published and declared by the
above named A C, to be his last will and testament, iü'the presence of us who have
hereunto subscribed our names as witness. , es, in the presence of the testator.