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ed goes beyond the mere purpose of conveying it to the equitable trustee, and so deals with it as to faci. litate a breach of trust by the trustee, the cestueque trusts ought to be parties to give their sanction to such dealing, for otherwise, if a breach of trust is in consequence committed, the person so re-conveying would be responsible as a party to the breach of trust.

• Angier v. Stannard, 3 M. and K. 566; Poole o. Pass, I Beav. 600.

CHAPTER XXXIV.

RELEASES.

RELEASE OF CLAIMS.

To all to whom these presents shall come, I, A. General forin B., of, &c., send greeting. Whereas, &c., [recite the of release. occasion for the release.] Now know ye, that I, the said A. B., have remised, released, and for ever quitted claim, and by these presents do remise, release, and for ever quit claim, unto the said (releasee,) his heirs, executors, and administrators, all and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, and other specialties, covenants, contracts, agreements, promises,

# If the release be by executors to a legatee of leasehold Release by. premises specifically bequeathed, recite the will of the testa. executors to a tor, the time of his death, and the proving his will, and that leg

legatee of

leasehold the debts have been satisfied, and that the executors had

ad premises. agreed to execute such release of their estate and interest in the said premises as hereinafter is expressed: The executors will then release unto (the devisee,) his executors, administrators, and assigns, all their estate and interest in the premises,

variances, controversies, judgments, extents, executions, claims and demands whatsoever, both at law and in equity, which I, the said A. B., now have, or at any time heretofore had, against the said (re. leasee,) ['for, or by reason, or in respect of, or in any. wise relating to, the matters and things hereinbefore mentioned or referred to,] from the beginning of the world to the day of the date of these presents. In

witness, &c. Release of a This indenture, made, &c., between, &c. [Recite right in land. the nature of the right claimed.] And whereas the

said A. B. hath agreed to release the aforesaid right or claim, and all other rights and claims, if any, which he hath, or may be supposed to have, in or to the said hereditaments, in consideration, &c. Now, &c., he, the said A. B., hath remised, released, and for ever quitted claim, and by these presents doth, for himself, his heirs, executors, and administrators, remise, &c., unto the said C. D., 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 A. B., now bath, 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, &c., hereinbefore 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, &C., (or as the case may be,) so and in such manner, and to the end and intent that the said A. B., his heirs, executors, or administrators, or any person or persons now or hereafter claiming or deriving title through, under, or in trust for him or them, or any or either of them, shall not and may not, nor can at any time hereafter, by any

• If the release be from residuary legatees to executors, for or on account of the said recited will, or the residuary be. quest therein contained, or in anywise relating to the personal estate and effects of the said testator,

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, and so that 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 wholly and utterly extinguished, barred, and excluded. In witness, &c.

Release of Legacies charged on Lands, and Sur. render of the Term created for securing the same.

This indenture, made, &c., between A. B., C. D., Parties. &C., (the legatees,) of the first part; E. F., (the trustee of the term,) of the second part; and G. H., (the owner of the inheritance,) of the third part. [Recite Recital of the the will, whereby a term is created for raising por. wil tions, &c., payable to, &c.] And whereas the said

If the release be from a younger son under a settlement Release from providing portions for younger children, it may run thus :- a younger " To all to whom, &c., (the releasor,) of, &c., sends greeting.ch

child, receive

**ing his porWhereas, under and by virtue of certain indentures of lease tin

tion under and release, dated respectively, &c., and made between, &c., a settlement. (purporting to be a settlement, &c., which afterwards took effect, certain messuages, lands, tenements, and hereditaments, situate at

therein particularly described, were limited to the use of A. B., of, &c., and C. D., of, &c., for the term of one thousand years, upon trust to raise portions for the younger children of the said marriage, in manner therein mentioned and set forth ; and whereas the said (releasor) is a younger son of the said, &c., and having attained the age of twenty-one years, is entitled to the sum of L. as a younger child of the said intended marriage, in pursuance of the trust in the said indenture contained for that purpose ; and whereas, E. F., of, &c., (the heir or owner of the inheritance,) hath this day paid the said portion or sum of, &c. Now know ye, that the said (releasor) doth hereby confess and acknowledge that he hath this day received of and from the said, &c., the sum of, &c., as his portion as a younger child of the said, &c., under and by virtue of the said hereinbefore in part recited indenture of, &c., and in consideration thereof doth hereby for himself, his exe..

cies.

Recital of the owner of the inheritance) is minded and desirous, intention to and bath purposed and agreed forthwith to pay and pay the lega. Ji

discharge the several legacies or sums of, &c., so
given and bequeathed by the said will of the said, &c.,
as aforesaid ; and the said (legatees) have respectively
agreed to accept and receive their said several lega-
cies, or sums of, &c., accordingly, and to release and
discharge as well the said (owner of the inheritance)
as the said capital messuage, &c., of and from the
same legacies, and all claims and demands in respect
thereof; and the said (trustee of the term) hath also
agreed to join with them, the said (legatees,) in such
release, and also to execute such surrender of the
said term of years as hereinafter contained.
Now, this indenture witnesseth, that, in pursuance
and performance of the said recited agreements, and
in consideration of the sum of, &c., by the said E.
F. to the said A. B. in hand, &c., and also of the
sum of, &c., the respective receipts, &c., they, the said
(legatees, according to their several and respective
estates and interests, have, and every of them hath,

remised, released, quitted claim, and discharged, and, Release.

Witnessing part.

cutors, and administrators, acquit, release, exonerate, and for ever discharge the said (heir) and (trustees,) their executors, administrators, and assigns, and also the several lands, tenements, and hereditaments so charged with the payment thereof, of and from 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, &c., or any part thereof, for or on account of, or in anywise relating to the said portion or sum of, &c., or any part thereof. In witness," &e.

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