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vent any objections on the ground of want of such knowledge, it is advisable to show, by way of recital or otherwise, on the face of the deed or instrument, the nature and extent of the rights and interests, whether real or supposed, admitted or contested, which are intended to be released or otherwise dealt with, and also the consideration and inducement for which such release, compromise, or transfer, is made. Though such recital would not prevent a party from obtaining the aid of a court of equity, if he could show that, through his own want of skill
, or the fraud of the other party, he had in fact ex. ecuted the release in ignorance of the nature and effect of the transaction, yet the fact of its nature and object appearing on the instrument itself would diminish the probability of the existence of such ignorance or fraud, and make the proof of it much more difficult.
These last points have been previously brought under the reader's consideration in reference to deeds in general ; but their peculiar applicability to deeds of release appeared to call for a recurrence to them in this place.
The observations before made with reference to the release of one of several debtors operating as a release of all, apply equally, whether the release is by deed or by act of law. Thus, if one of several obligors in a bond is appointed executor of the obligee, all his co-obligors are at law discharged with him, in the event of his proving" whether appointed solely or in conjunction with others; and so an intermarriage between any one of several joint debtors and creditors is a release to all..
* Baker v. Paine, 1 Vez. 456; Prickett v. Loggon, 14 Ves. 215; Ramsbottom v. Gosden, 1 Ves, and B. 168 ; Naylor v. Winch, 1 Sim. and St. 564.
i Cheetham v. Ward, 1 Bos. and Pul. 633; Freakley r. Fox, 9 B. and C. 130.
Rawlinson v. Shaw, 3 T. R. 557.
Though the appointment of a debtor as the executor of a will operates as a release, yet a release by will in itself is inoperative as a legal bar to a suit, though effect will be given to it in the character of a legacy.
The usual words in a release are" Remise, release, and quit claim ;” but it is not necessary that they should be used.“ Remise, release, exonerate, and discharge,” and “ give, grant, and renounce," are two other forms given in Shepherd's Touchstone, 326.
A release, says Littleton, in the 508th sect. of all manner of demands, " is the best release to him to whom the release is made that he can have, and shall enure most to his advantage; for by such release of all manner of demands, all manner of actions, reals, personals, and actions of appeale, are taken away and extinct, and all manner of executions are taken away and extinct.”
• Parsons v. Howard ; Cases temp. Hardwicke.
Co. Litt. 264, b.
SETTLEMENTS ON MARRIAGE.
Settlement of a Reversionary Interest in a Sum of
Money to which the Lady is entitled under her Father's Marriage Settlement; and of a Sum of Stock, the Property of the Gentleman, containing a Covenant for the Settlement of any future Personal Property of the Lady's, and a Covenant by her Father for the payment during his Life to the Trustees of an annual Sum of Money.
This indenture, made the day of
be. tween S. R. W. of the first part; L. C. of the second part; C. R. C. of the third part; and (trustees] of the fourth part. Whereas the said L. Č., as one of the children of the said C. R. C. and L. L. his wife, is under the settlement made on the marriage of her said father and mother, bearing date, &c., entitled to one equal eleventh part or share in reversion expectant, and to take effect in possession on the decease of ner said father, of and in the sum of L. which is now vested in mortgage on a certain farm, lands, and hereditaments, situate at being se cured thereon by certain indentures, &c.: And whereas the said S. R. W. is absolutely entitled to the sum
of L. three and a half per cent. consolidated bank annuities heretofore standing in his own name in the books of the Governor and Company of the Bank of England: And whereas a marriage hath been agreed upon, and is intended to be shortly had and solemnized between the said S. R.W. and L. C.: And where- Recital of as upon the treaty for the said intended marriage, agreement for it was agreed that the said one-eleventh part or share to which the said L C. is so entitled in reversion expectant as aforesaid, of and in the aforesaid sum of L.
and of the stocks, funds, or securities in or upon which the same are or may be invested, and the aforesaid sum of L. bank annuities should be respectively assigned to and vested in the said (trustees,] upon and for the several trusts, ends, intents, and purposes hereinafter contained. And whereas the said C. R. C. hath also proposed and agreed to pay to the trustees of these presents, during his life, if they, the said S. R. W. and L. C., or either of them, shall so long live, the annual sum of L.100, and to enter into such covenant for the payment thereof, as and in manner hereinafter contained.' And whereas, in pursuance of the said recited agreement, the said S. R. W. hath transferred the said sum of L. bank annuities into the names of them, the said [trustees,] in the books of the Governor and Company of the Bank of England. Now, this indenture wit- Assignment nesseth, that, in further pursuance of the said recited by the lady. agreement in this behalf, and in consideration of the said intended marriage, she, the said L. C., with the privity and approbation of the said S. R. W., (testified by his being a party to, and executing these presents.) hath bargained, sold, assigned, transferred,
. If it is so intended, add, “ And it hath also been agreed, that the said S. R. W. and L. C. shall enter into such covenant for the settlement of all such moneys and other personal estate of the amount or value hereinafter specified, as the said L. C., during her life, or the said S. R. W. in her right, may become possessed of, or entitled to, by gift, bequest, or otherwise, as hereinafter contained.”
and set over, and by these presents doth, &c., unto the said (trustees,] their executors, administrators, and assigns, all that the said one equal eleventh part or share to which the said L. C., under and by virtue of the said recited indenture of settlement is now entitled in remainder or reversion expectant on the decease of her said father, the said C. R. C., of and in the said sum of L.
and of and in the said stocks, funds, and securities, in or upon which the same sum is now or may hereafter be invested, and all other the moneys, stocks, funds, and securities, (if any,) to which the said L. C. is now entitled in remainder or reversion expectant as aforesaid, or other. wise, under or by virtue of the same settlement; and all interest, dividends, and annual produce from and after the decease of the said C.R. C. to accrue, due upon, or in respect of the same, and all the right, title, interest, property, claim, and demand whatsoever of her, the said L. C., in, to, or out of the same parts, shares, and premises respectively; together with all powers
, remedies, and means whatsoever requisite or neces. sary, for suing, for recovering, receiving, and giving effectual receipts, releases, and discharges for the same respectively ; To have, hold, receive, and take the said part, share, moneys, interest, dividends, and other premises hereby assigned, or intended so to be, unto the said (trustees,] their executors, administrators, and assigns, absolutely, but nevertheless upon, and for the trusts, intents, and purposes hereinafter expressed and declared of and concerning the same: That is to say, upon trust for her, the said L. C., her executors, administrators, and assigns, until the said intended marriage shall be had and solemnized, and
in case such marriage shall be had and solemnized Trusts for in- upon trust, that they, the said (trustees,] or other
the trustees or trustee, for the time being, of these presents, shall and do, on the decease of the said C. R. C., or whenever otherwise the same shall become recoverable, recover and get in the same parts or share money and premises, and shall and do, with