RELEASE. Portion. No. CCCCLVIII. A Release of a Portion. WITNESS. The releasor acknowledges the receipt of the portion, which was in the year TO ALL TO WHOM THESE PRESENTS SHALL COME, (the releasor) of, as his portion as a younger child of the said (husband) and (wife), under or by virtue of the said hereinbefore in part recited indenture of settlement, and in consideration thereof, doth hereby for himself, his executors and administrators, acquit, release, exonerate, and for ever discharge the said (heir) and the said (trustees), their executors, and releases the administrators, and assigns, and also the several lands, tenements, and hereditaments so charged with the payment thereof, of and from land from the payment. the same, and every part thereof. AND the said (releasor) doth hereby in manner aforesaid, further remise, release, and for ever quit claim unto the said (trustees), their executors, administrators, and assigns, and all and every person and persons whom it doth or may concern, all and all manner of action and actions, cause and causes of action, suits, trusts, liabilities, sum and sums of money, claims, and demands whatsoever, both at law and in equity, which he the said (releasor) or any person or persons claiming from, under, or in trust for him, now hath or hereafter can, shall, or may have, claim, challenge, or demand against them the said (trustees), or either of them, their, or either of their executors, administrators or assigns, or the said messuages, lands, tenements and hereditaments, or any part thereof, for or on account of or in anywise relating to the said portion or sum of £ or any part thereof. IN WITNESS, &c. RELEASE. Portion. Release of ac tions, &c. *. See post. STAMP, Schedule. Stamp. RELEASE. Power. No. CCCCLIX. A Release of a Power (1). TO ALL TO WHOM THESE PRESENTS SHALL COME, (the releasor) of, &c. sendeth greeting. WHEREAS, &c. (2). Now KNOW YE, that I the said (releasor) HAVE remised, released, and for ever discharged, and given up, and by these presents do wholly, freely, absolutely, and irreversably remise, release, and for ever discharge and give up unto the said (releasee), his heirs and assigns, ALL that the said hereinbefore in part recited power or authority, and all and every other the powers and authorities, and right and title reserved or given to me by the said in part recited indenture of settlement, to charge or subject the several messuages, lands, tenements, and hereditaments therein comprised, with or to the payment of the said sum of Beneficial pow ers only can be the subject of a release. Recitals. (1) A release of a power must be understood of a power coupled with an interest, and not of a bare or naked power, which, being merely an authority, cannot be the subject of a release: see Co. Lit. 265 b. Roll. Rep. 107. The usual powers given to tenants for life and others for jointuring, granting leases, revoking uses, &c. are in the nature of beneficial interests in the party in whose favour they are given, and may therefore be the subject of a release; and, as it frequently is a matter of doubt in what cases a power has been extinguished, or released by construction; see Harvey v. Harvey, 1 Atk. 561, and cases there cited; it is often requisite or advisable, when it is intended to discharge the land of the power, that an express release should be executed by the party entitled to exercise it; and this, like a release of right to which it is similar, may be made to any person having an estate of freehold, either in possession, remainder, or reversion, in the land chargeable with the power; Co Lit. 265 b. (2) Recite here the power which it is intended to release, and also the circumstances which have occasioned the necessity of the release. L RELEASE. Power. RELEASE. Fee-farm Rent. No. CCCCLX. A Release and extinguishment of a Fee-Farm Rent (1). THIS INDENTURE made the day of in the year Parties. WITNESS. That in consideration of the sum of £ of the reign, &c. and in the year of our Lord, 18, BETWEEN (the releasor) of, &c. of the one part, and (the releasee) of, &c. of the other part. WHEREAS, &c. (2). Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for and in consideration of the sum of L of lawful money of the United Kingdom of Great Britain and Ireland, to the said (releasor) in hand well and truly paid by the said (releasee) at or before the sealing and delivery of these presents, the receipt whereof, and that the same is in full for the absolute purchase and extinguishment of the said yearly rent-charge (3), the said (releasor) doth hereby acknowledge, and also by the receipt for the same sum hereupon The releasor re- indorsed, HE the said (releasor) HATH remised, released, and for leases the rent. ever quitted claim, and by these presents DOTH freely and absolutely remise, release, and for ever quit claim unto the said (releasee), his heirs [or executors, administrators,] and assigns, ALL that the said fee-farm or other yearly rent-charge (4) or annual sum of e so granted or created by the said hereinbefore in part (1) A release of a rent-charge is a species of discharge which operates by way of extinguishment; and although made to one who is a tenant for life only, it will be effectual. Co. Lit. 279, 280. (2) Recite here the deed or instrument by which the rent was created or reserved, and also the agreement for the release. For the forms of which see INDEX, voce RECITAL, and ante, p. 630. (3) If it be a rent reserved upon a lease for years, instead of "rentcharge," say, "the yearly rent or annual sum of £ ," throughout (4) If it be a rent reserved upon a lease for years, say, the precedent. |