RELEASE.

Date.
Parties.

No. 5.

RELEASE by a Remainder-man in Fee to a Tenant for

Life.

THIS INDENTURE, made the

day of

in the

year of our Lord, BETWEEN [relessor] of the one part, and [relessee] of the other part. WHEREAS, by virtue of in-of lease and dentures of lease and release, bearing date respectively the

RECITALS

release and recovery, creating tenancy

for life, with re

mainder in fee.

-of contract

for sale of remainder.

Different modes of reciting a conveyance by lease and release.

and days of

in the year

the indenture

term

of release being made between &c. [names (27) of parties to
the release], and of a common recovery suffered in
in the
year of the reign of his late majesty King George
the Third, pursuant to the same indenture of release, the said
[relessee] is now seised as a tenant for his life in possession,
without impeachment of waste, of the manor, messuages, farms,
lands, and hereditaments hereinafter described, with the im-
mediate remainder to the said [relessor] in fee-simple. AND
WHEREAS the said [relessor] has contracted with the said [re-
lessee] for the absolute sale to him of the remainder in fee-
simple of the said [relessor] in the said hereditaments imme-

(27) As a general rule, it is better to omit the additions, &c., of the parties to recited deeds, as tending only to incumber and perplex the recital. A conveyance by lease and release is frequently recited after this fashion :-"WHEREAS, by indentures of lease and release, the indenture of release being made between &c., AFTER RECITING that &c. IT IS WITNESSED that," &c. This, however, is a very inaccurate and slovenly form of recital. The lease does not so recite or witness, &c. If it be necessary to set out the recitals of the release, one or other of the following methods should be adopted:-"WHEREAS, by an indenture of [appointment and] release, bearing date &c., made &c., and founded [as to the release] upon an indenture of lease bearing date the day of the same month, AFTER RECITING &c. IT IS WITNESSED," &c., or, "WHEREAS, by indentures of lease and release, bearing date respectively &c., the indenture of release being made &c. (which indenture of release contains recitals shewing that &c.), the hereditaments hereinafter described were conveyed" &c.

diately expectant on the estate for life of the said [relessee], in the said manor, messuages, farms, lands, and hereditaments, at the price of £.

words.

clause.

-. Now THIS INDENTURE WITNESSETH, TESTATUM. that, in pursuance of the said contract, and in consideration of Consideration. the sum of £ of lawful British money paid by the said [relessee] to the said [relessor], at or before the execution of these presents, the receipt of which sum the said [relessor] acknowledges, and from the same and every part thereof releases and discharges (28) the said [relessee], his heirs, executors, administrators, and assigns, The said [relessor] Hath Operative bargained, sold, released, and confirmed, And by these presents Doth bargain, sell, release, and confirm unto the said [relessee] (29), All [parcels], Together with all the rights, mem- Parcels. bers, and appurtenances thereunto belonging; And also all "All estate" the estate, right, title, and interest of the said [relessor] in or to the said hereditaments and premises and every part thereof in remainder expectant as aforesaid; And also all deeds, muniments, and evidences of title in his custody or power relating thereto: To HAVE AND TO HOLD the said hereditaments and HABENDUM. premises hereby released, or intended so to be, unto the said [relessee], his heirs and assigns for ever, To the intent that the estate for life of the said [relessee] may merge in the immediate remainder in fee, and that the said [relessee] may be seised of the fee-simple in possession. AND the said [relessor], Covenants by for himself, his heirs, executors, and administrators, hereby covenants with the said [relessee], his heirs and assigns, that, notwithstanding any act, matter, or thing done or permitted by the said [relessor] to the contrary, he is now seised of, or well that he is entitled to, the inheritance in fee-simple in remainder expectant

relessor.

seised;

(28) This release in the body of the deed estops the vendor at law from Receipt for saying that the purchase-money is unpaid, (1 Taunt. 141; 1 B. & C. 304); consideration. but a receipt for the purchase-money is always indorsed upon the deed, and until that receipt is signed, the presumption of equity is, that the money remains unpaid; and it is apprehended, that, notwithstanding the signing of the receipt, a subsequent purchaser, with actual notice of nonpayment, would be affected by the vendor's equitable lien. (See White v. Wakefield, 7 Sim. 401). Where, however, payment of the money is recited as an antecedent fact, it is not the practice to indorse a receipt; its absence, therefore, does not impeach the credit due to the recital.

(29) The relessee being already in possession as tenant for life, is, of Release to course, capable of accepting a release by way of enlargement of his estate, tenant for life. so that a lease for a year would be supererogatory.

man convey

-a messuage &c.

and remainder- confirmed, And by these presents Do, and each of them Doth give, grant, and confirm unto the said [tenant in fee], All that messuage or tenement situate in the parish of, in the county of, formerly in the tenure or occupation of ——, late in the tenure or occupation of, and now in the tenure or occupation of, Together with all out-buildings, yards, gardens, walls, fences, lights, ways, watercourses, easements, rights, members, and appurtenances to the said messuage or tenement belonging or appertaining: To HAVE AND TO HOLD the said messuage or tenement, hereditaments, and premises lastly herein before given, granted, and confirmed, with the appurtenances, unto the said [tenant in fee], his heirs and assigns for In exchange for ever, IN EXCHANGE for the close of land, hereditaments, and

HABENDUM,

-in fee.

close.

Clause of reentry on eviction.

Eviction clause.

premises herein before given, granted, and confirmed by the said [tenant for life] and [remainder-man]; Provided (18) nevertheless, that if either of the parties to this exchange, or the heirs or assigns (19) of either of them, shall at any time hereafter be lawfully evicted or ejected of or from the possession of the hereditaments and premises hereby given, granted, and confirmed to the same party, or any part thereof, by reason of any right or title paramount or precedent to the exchange hereby made, then it shall be lawful for the other party, or the heirs or assigns of the other party, to re-enter upon the hereditaments and premises hereby given, granted, and confirmed by the same party, or into or upon any part thereof in the name of the whole, and to repossess and enjoy the same hereditaments and premises as in his or their former estate, and thenceforth the exchange hereby made shall be void. IN WITNESS &c.

MEMORANDUM of Mutual Entry to be indorsed on the preceding
Exchange.

BE IT REMEMBERED, that, on the day of the date of the within-written indenture, the exchange thereby made was duly perfected by the actual entry of the respective exchanging parties into or upon the respective hereditaments given to them in exchange, in the presence of us, [names and additions of witnesses].

(18) A clause to this effect is commonly inserted in exchange deeds, but its efficacy and propriety are very questionable. (See 4 Jarm. Conv. 88). (19) See lusion of note (14), ante.

house, situate in the pa

called or known by the

gardens, and pleasure grounds fengng his the fixtures and furniture in or hanging to

dwelling-house, and comped in the

hereunto annexed; Also all that due of meation or pu land lying in front of the sail message or dening hou

and containing

acres, or fiereabout: Also all that five

of arable land adjoining to the said close of meation hand, containing acres, or thereaboutte; Also all that piece or parcel of wood-ground, lying near to the said messunge ar dwelling-house, with the shrubbery and walk through the same,

(20) An example of a lease (or demise) operating necessarily and exolesively at the common law, cannot easily be given, because the rent reserved is alone sufficient to raise a use, and render the instrument capable of effect

M.

tion.