RELEASE.

Right of Entry.

No. CCCCLXII.

*A Release of a Right of Entry upon Land from a Landlord or other Person, for Breach of Covenant or Condition.

Release not to

defeat entry on other lands.

Stamp.

TO ALL TO WHOM THESE PRESENTS SHALL COME, the within named (landlord, or other releasor) sendeth greeting. WHEREAS, &c. [recite the facts leading to the release.] Now KNOW YE, that the said (releasor) HATH waived, surrendered up and released, and by these presents DOTH waive, surrender up and release unto the said (tenant, or other releasee), his executors, administrators and assigns, [or heirs and assigns,] all and every right and title of re-entry of or by him the said (releasor), his executors, administrators [or heirs] and assigns, into or upon the messuages, lands, and hereditaments, in or by the within written indenture described, or the appurtenants, [or into or upon ALL, &c. being part and parcel of, &c. (as the case may be,)] or into or upon any part thereof, under or by virtue of the within written indenture, or any power or proviso, condition or agreement therein contained, or otherwise howsoever. AND he the said (releasor) doth hereby bar and estop himself, his heirs, executors, administrators and assigns, thenceforth and for ever, from exercising or claiming the said right or title of entry in any manner howsoever. [If the release be meant to extend to a part only of the premises, add, PROVIDED ALWAYS, nevertheless, and it is hereby expressly declared and agreed that these presents, or the surrender or release hereby made or given, shall not by implication or otherwise, operate or effect, or be deemed or constituted to operate or effect a surrender, release or renunciation of any right or title of entry into or upon any other of the premises within described, but only into or upon such and such part of the messuages, lands, and hereditaments within described, with the appurtenants, as herein are particularly mentioned, any rule of law or equity to the contrary in anywise notwithstanding.] IN WITNESS, &c.

See post. STAMP, Schedule.

year of the reign, &c. and in the year of our Lord 18 BETWEEN Parties.
(the releasor) of, &c. of the one part, and (the releasee) (2) of, &c.
of the other part. WHEREAS, &c. (3) AND WHEREAS the said
(releasor) hath agreed to release all right and claim he hath or may
be supposed to have in or to the said hereditaments, in consideration

terest in the

land.

(1) A release of right to land need not be by indenture, but whether Release of right of a freehold or a chattel nature must be by deed, Leon. 283, per to land must be Anderson, Ch. J., because an interest in that species of property must by deed. have been so created, and it is a rule of law that eodem modo quo oritur, eodem modo dissolvitur. See Co. Lit. 264 b.; Roll. Rep. 43; 2 Leon. 76, 213 a.; 2 Roll. Ab. 408; Moor, 573. pl. 787. (2) It is essential to the operation of a release of right to lands, that Releasee must the person to whom the release is made, have some estate or vested in- have a vested interest in him at the time, either in possession, remainder or reversion, in fee simple, fee tail, or for life; Co. Lit. 267 b. 268 a. 274, 276; 2 Blac. Com. 324; as this species of release passes no estate, but only releases an outstanding right to him who has a possessory or other actual estate in the land; Gilb. Ten. 55. Co. Lit. 275. If therefore the release be made to one who has himself only a bare right, or an estate for years only, it will be void; Co. Lit. 268; Gilb. Ten. 54. n. (m). 66; unless it be of a seigniory, in which case it will be good to extinguish the seigniory, Co. Lit. 268 a.; and as it passes no estate, and is made to one who already has the freehold in him, no privity is requisite to subsist between the parties; Gilb. Ten. 54; nor are any words of inheritance necessary; Lit. S. 469. Co. Lit. 275 b. as in releases enuring by way of enlargement.

(3) Recite here the deed or will under which the releasor claims the premises, setting them out.

RELEASE.

Right (freeholds).

WITNESS.

The releasor in consideration,

&c.

estate and interest in the land,

of the sum of £ [or as the case may be]. Now THIS INDENTURE WITNESSETH, that for and in consideration of the sum of £ 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 immediately before the sealing and delivery of these presents, the receipt whereof, and that the same is in full discharge and satisfaction of all claims and demands whatsoever of him the said (releasor), in or to the hereditaments and premises hereinbefore described or mentioned, the said (releasor) doth hereby acknowledge, and of and from the same, and every part thereof, doth release, acquit, exonerate and discharge the said (releasee), his executors, administrators and assigns, as well by these presents, as by the receipt or acquittance for the said sum hereupon Releases all his indorsed, HE the said (releasor) HATH remised, released, and for ever quitted claim, and by these presents DOTH for himself, his heirs, executors and administrators, remise, release and for ever quit claim unto the said (releasee), his heirs and assigns, ALL the estate, right, title, interest, property, claim and demand whatsoever, both at law and in equity, which he the said (releasor) now hath or hereafter shall or may have or claim, or might have had or claimed, in case these presents had not been made, of, in, to, out of, or concerning the several messuages, lands, tenements and hereditaments herein before particularly mentioned or referred to, or any of them, or any part thereof respectively, under or by virtue of the said in part recited will of the said (testator) deceased [or as the case may be]; so and in such manner, and to the end and intent that he the said (releasor), his heirs, executors or administrators, or any person or persons now or hereafter claiming or deriving title from, through, under, or in trust for him or them, or any or either of them, shall not, nor can at any time hereafter, by any ways or means whatsoever, have, claim, challenge or demand any estate, right, title or interest, in, to, out of or concerning the same hereditaments and premises, or any part thereof, but of, from and against all such estate, right, title and interest, and all actions, suits, proceedings, claims and demands whatsoever, in respect of, or in relation to the same, shall be henceforth and for ever Covenant by the wholly and utterly barred and excluded. AND the said (releasor) for himself, his heirs, executors and administrators, doth hereby covenant, declare and agree, with and to the said (releasee), his heirs and assigns, in the manner following, (that is to say,) that he the said (releasor) hath not at any time or times heretofore made, done, executed, or knowingly suffered, any act, deed, matter or thing what

releasor that he hath not in

cumbered.

soever, whereby or by reason or means whereof the said hereditaments and premises, or any part thereof, or any estate or interest therein are, is, can or may be charged, incumbered, or in any manner prejudicially affected, or these presents rendered nugatory, impeachable or inoperative. IN WITNESS, &c.

RELEAE.

Right (freeholds).

** See post. STAMP, Schedule.

Stamp.

RELEASE.

Right (by executors).

No. CCCCLXIV.

A Release of Right by Executors to a Legatee, of Leasehold Premises or other specific Bequest (1).

THIS INDENTURE made the

day of

in the

Parties.

Recital of will bequeathing leasehold premises to devisee.

Death of testator and probate of will.

Agreement by

year of the reign, &c. and in the year of our Lord 18 BETWEEN (the executors) of, &c. executors of the last will and testament of (the testator), late of, &c. deceased, of the one part, and (the devisee) of, &c. of the other part. WHEREAS the said (testator) by his last will and testament in writing, bearing date the

of

at

day

, gave and devised certain leasehold premises, situated , and hereinafter more particularly described, unto the said (devisee), his executors, administrators and assigns, for the residue of the term of years then to come therein; and the said (testator) appointed the said (executors) executors of his said will. AND WHEREAS the said (testator) departed this life without revoking or altering his said will, which soon after his decease was duly proved in the Prerogative Court of the Archbishop of Canterbury by the said (executors), who took upon themselves the execution thereof. AND WHEREAS all the debts and legacies of the said (testator)

Release of lease

holds applicable only where premises specifically bequeathed to legatee:

(1) The chattel interests of a testator are liable to the payment of his debts, and vest in his executors for that purpose, notwithstanding they may be specifically bequeathed to another. Hence where such debts are satisfied, it is fit that the executors should release the premises from that liability, as the most satisfactory evidence of their being exonerated from the claims of the creditors of the testator. This release is however to be understood to be applicable only where the premises are specifically bequeathed to a legatee, and not where they are bequeathed to the executors in trust for him or a residuary legatee, in which case an an assignment assignment will be the proper mode of assurance.

in other cases

proper.