Page images
PDF
EPUB

RELEASES.

A release is a written instrument, under seal, whereby one man discharges another, either from all claims and demands, or from certain demands specified therein.

A covenant not to sue one of two joint obligors will not release the other; and may be pleaded by the one to whom it is given in bar to an action.

A release of one of several joint debtors releases ALL.

· No. 106.-Form of Release. know all Men by these Presents, that I, John Doe, of the city of Natchez, in the county of Adams, and state of Mississippi, in consideration of forty dollars to me in hand paid by RICHARD Roe, of the same place, have released and for ever discharged, and hereby, for myself, my heirs, executors, and administrators, do release and for ever discharge the said Richard Roe, his heirs, executors, and administrators, from all claim, demand, and cause of action, which I now have or may hereafter have against the said RICHARD Roe by reason of any contract which he may have entered into with me for the purchase of lumber.

In witness whereof, &c. [as in No. 98].

No. 107.—General Release of every Demand.

To all to whom these Presents shall come, or may concern, GREETING : Know Ye, that I, John Doe, of the town of Montpelier, in the county of Washington, and state of Vermont, for and in consideration of the sum of one hundred dollars, lawful money of the United States, to me in hand paid by Richard Roe, of the same place, have remised, released, and for ever discharged, and by these presents do, for myself, my heirs, executors, and administrators, remise, release, and for ever discharge the said Richard Roe, his heirs, executors, and administrators, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands whatsoever, in law or in equity, which against the said RICHARD Roe I ever had, now have, or which

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 whereof, &c. [as in No. 98].

No. 108.-Release of part of Mortgaged Premises.

This Indenture, made this first day of April, in the year one thousand eight hundred and fifty, between John Doe, of the town of Harrisburgh, in the county of Dauphin, and state of Pennsylvania, of the first part, and RICHARD Roe, of the same place, of the second part:

Whereas, Richard Roe aforesaid, by indenture of mortgage, bearing date the first day of January, one thousand eight hundred and forty-five, for the consideration therein mentioned, and to secure the payment of the money therein specified, did convey certain lands and tenements, of which the lands hereinafter described are part, unto John Doe aforesaid ; and whereas, the said party of the first part, at the request of the said party of the second part, has agreed to give up and surrender the lands hereinafter described unto the said party of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaining due on the said mortgage :

Now this Indenture witnesseth, that the said party of the first part, in pursuance of the said agreement, and in consideration of

four hundred dollars, lawful money of the United States, to him duly paid at the time of the ensealing and delivery. of these presents, the receipt whereof is hereby acknowledged, hath granted, released, quit-claimed, and set over, and by these presents doth grant, release, quit-claim, and set over, unto the said party of the second part all that part of the said mortgaged lands (here describe the mortgaged premises intended to be released from the lien of the mortgage], together with the hereditaments and appurtenances thereto belonging; and all the right, title, and interest, of the said party of the first part, of, in, and to the same, to the intent that the lands hereby conveyed may be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part, as heretofore. To have and to hold the lands and premises hereby released and conveyed to the said party of The second part, his heirs and assigns, to his and their only proper use, benefit, and behoof, for ever, free, clear, and discharged of and from all lien and claim, under and by virtue of the indenture of mortgage aforesaid.

In witness whereof, &c. (as in No. 63).

The following is the form to be used for the purpose of discharging a mortgage that has been fully paid. It should be acknowledged before the proper officer, in order that the mortgage may be cancelled of record :

No. 109.-Satisfaction of Mortgage. I, John Doe, of the town of Columbus, in the county of Franklin, and state of Ohio, do hereby certify, that a certain mortgage, bearing date the tenth day of December, one thousand eight hundred and forty-seven, made and executed by Richard Roe, of the city of Cincinnati, in the county of Hamilton, and state of Ohio, to me, to secure the sum of three thousand dollars, and recorded in the office of the clerk of the county of Hamilton aforesaid, in liber thirty of mortgages, page 610, on the fifteenth day of December aforesaid, is paid.

Dated the tenth day of December, one thousand eight hundred and fifty.

JOHN DOE. Acknowledgment of the foregoing. State of Ohio, County of Hamilton,

} On the tenth day of December, one thousand eight hundred and fifty, before me came John Doe, to me known to be the individual described in, and who executed the above certificate, and acknowledged that he executed the same.

JOHN SMITH, Justice of the Peace.

SS.

No. 110.-Satisfaction of Mortgage to be executed

by a Corporation. I, John Doe, President of the Northwestern Life Insurance Company. of the city of New York, a body corporate, do hereby certify, that a certain mortgage, bearing date the tenth day of June, in the year one thousand eight hundred and forty-eight, made and executed by Richard Roe, of the town of Jamaica, in the county of Queens, and state of New York, to the said corporation, and recorded in the office of the clerk of the county of Queens, in liber twenty of mortgages, page 425, on the sixteenth day of June, one thousand eight hundred and forty-eight, is paid.

In witness whereof, the seal of the said corporation is hereunto affixed, this tenth day of June, in the year one thousand eight hundred and fifty.

JOHN DOE, PRESIDENT (corporate seal). Witnessed by John SMITH, Secretary.

Acknowledgment of the foregoing. State of New York,

}ss City and County of New York,

On the tenth day of June, in the year one thousand eight hundred and fifty, before me came John Doe, with whom I am personally acquainted, and known to me to be the president of the above-named corporation, who being by me duly sworn, says that he resides at No. ten Cliff street, in the said city; that the seal which is affixed to the above certificate is the corporate seal of the said corporation, and was so affixed by their authority.

JOHN JONES, Commissioner of Deeds.

WILLS.

Tue following forms of wills are inserted for the benefit of those who may be unexpectedly called to draw up a will without being able to procure good legal advice.

It is of the utmost importance that the property bequeathed and the conditions and intentions of the bequest be distinctly defined, for wills are generally construed according to the strict letter of the instrument.

Whenever good legal advice can be obtained, it is advisable to procure it; for the statute regulations respecting wills and devises are so minute and important, yet varied in every state, that there is danger of coming in conflict with some statute provision in attempting to make a will without advice. The

person making his will must be of sound mind, must act freely and voluntarily, and with a deliberate intention of making his will. He may, of course, revoke his will by any act which evidences such an intention.

Generally, infants and married women can not make a will, but in some of the states they are empowered to do so by statute.

By common law, marriage and the birth of a child subsequent to the making of a will in which no provision is made for such an event, will be considered a revocation of the will; at least it can not bar the rights of the wife, and the child so born, from an interest in the estate. The will of an unmarried woman is in many states revoked by her subsequent marriage.

A bequest to a wife will not take away her right of dower, unless it be clearly inconsistent with such right, or it be expressly stated that it is in lieu of such right.

A codicil is something in addition to a will, and should be executed in the same manner as the will. It may consist of a further bequest, or of a revocation, in part, of the will.

« PreviousContinue »