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&c., the said G. H., his heirs, executors, and administrators, and assigns; and also the said capital messuage, &c., hereinbefore particularly mentioned and described, and intended to be hereby released, and every part and parcel thereof, of and from the said several legacies or sums of, &c., so given and bequeathed to them, the said [legatees,] in and by the said hereinbefore in part recited will of the said, &c., as aforesaid, and each and every of the same legacies, and of and To the intent from all interest for, on, or in respect of the said se- that the pre

mises may be veral legacies or sums of, &c., and every of them, discharged. and of and from all actions, suits, and demands whatsoever, for, or in respect, or on account of the same several legacies, or sums of money respectively, or otherwise in relation thereto, and each and every of Covenant, them, the said [legatees, 7 doth hereby severally and for himself and herself, and his and her several and respective heirs, executors, and administrators, covenant, promise, and agree with and to the said G. H., his heirs, executors, administrators, and assigns, that they, the said legatees, 7 have not, nor hath, any or either of them, heretofore, made, done, permitted, or suffered any act, deed, matter, or thing, whereby or by reason or means whereof they are prevented or incapacitated from releasing the said several legacies, or sums of money so hereby released, or intended so to be, or any of them, or any part thereof respectively, according to the true intent and meaning of these presents, or by reason or means whereof the said messuage, &c., or any part thereof, are or is impeached, charged, or prejudicially affected in title, estate, or otherwise howsoever. And this Surrender of indenture further witnesseth, that, in pursuance the term and performance of the said recited agreement, and created for se

curing the lefor the considerations aforesaid, and also in consi- gacies. deration of ten shillings by the said G. H. to the said (trustee of the term,) the receipt, &c., he, the said (trustee,) at the request and by the direction of the said (legatees,) testified by their severally being parties to, and executing these presents, hath assign

Operative

part.

ed, released, surrendered, and yielded up, and by these presents doth, &c. unto the said G. H., his heirs and assigns, all, &c., or all such part or parts of the said messuage, &c., as are comprised in the said term of years, in and by the said in part recited will of, &c., as hereinbefore mentioned, with their and every of their rights, members, and appurtenances : and the reversion, &c., and all the estate, &c., to the intent and purpose that the residue now to come and unexpired, of and in the said term of five hundred years created in the said messuage, &c., by the said hereinbefore in part recited will of, &c., herein mentioned ; and all other the estate, term, and interest of the said (trustee therein may be merged and extinguished in the freehold and inheritance of the same premises. [Add a covenant from the trustee that he hath done no act to incum. ber, (see p. 89.) In witness, &c.

Parties.

Recital.

Release of a Right of Way. This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. Whereas the said A. B. is seised in fee-simple in possession of a certain piece or parcel of land, situate, &c., and now in the occupation of, &c., under and subject to a certain right of way through the same piece or parcel of land, to and for the said C. D., his heirs and assigns, with carts, waggons, carriages, horses, and cattle, through and over the same unto a certain messuage, farm, and premises, situate at the estate and inheritance of the said C. D.; and whereas the said A. B., having recently obtained another and more convenient right of way to his said messuage, farm, and premises, hath, in consideration, &c., agreed to release, surrender, and extinguish such right of way over the said piece or parcel of land of the said C. D. as aforesaid. Now, this indenture witnesseth, that, in consideration of the sum of, &C., he, the said A. B., hath remised, released, and surrendered, and by these presents doth, &c., unto the

Release.

said C. D., his heirs and assigns, the right of way over and across the aforesaid piece or parcel of land of the said C. D., and all right, title, and claim, which he, the said A. B., hath, for himself, his fapily, tenants, servants, or otherwise howsoever, to the liberty and privilege of passing to and over the same piece or parcel of land, &c., either on foot or on horseback, or with carts, waggons, carriages, horses, cattle, or otherwise howsoever, to the intent and purpose that the same may be henceforward, and at all times hereafter, extinguished. In witness, &c.

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6 If another right of way is intended to be granted in lieu If another of the one extinguished : “ And whereas the said C. D. is right of way

is granted in desirous of having the said right of way on the east side of the said piece or parcel of land of him, the said C. D., extinguished, and a right of way given and granted in lieu thereof along the west side of the same piece or parcel of land, to which the said parties have mutually agreed. Now, this indenture witnesseth, that, in consideration of the right of way hereinafter given and granted unto the said A. B., his heirs and assigns, by the said C. D., (and of the sum of, &c.,) he, the said A. B., hath remised, &c., (as above.) And this indenture further witnesseth, that, in consideration of the release hereinbefore made by the said A, B, to the said C. D., as aforesaid, and of 5s., &c., to the said C. D. paid., &c., he, the said C. D., hath given and granted, and by these presents doth give and grant, unto him, the said A. B., his heirs and assigns, the liberty and privilege of passing and repassing to and from the said piece or parcel of land of him, the said A. B., to and over the said piece or parcel of land of him, the said C. D., on the west side thereof, as now marked out and described in the plan in the margin of these presents, on foot or on horseback, or with horses, cattle, carts, and other carriages, at all times of the year, and on all occasions, at his and their will and pleasure; to have, hold, use, and en. To hol

To hold, &c. joy the said liberty and privilege of passing and repassing on foot, &c., to and over the said piece or parcel of land of him, the said C. D., unto him, the said A. B., his heirs and assigns, Proviso in for ever. [Here add any covenants between the parties as to case of obstopping up the old road and the making of the new road.] struction.

unable to pay.

Release from Creditors under a Composition. To all to whom these presents shall come, we, the several persons whose names are hereunder written, and seals hereto affixed, creditors of A. B., of, &c.,

send greeting. Recital of in. Whereas the said A. B., by reason of divers losses solvent's being s being and misfortunes, being unable to pay and satisfy to

us the whole of our respective demands, hath proposed to pay to us, his several creditors, the sum of 10s. in the pound upon the amount of our respective debts, being the several sums set opposite to our respective names, which we do hereby declare to be the full amount of our respective demands against him, the said A. B., his estate and effects; and we, the said several creditors, have consented to accept such composition, or sum of 103. in the pound, in full discharge of our respective demands, and to execute such release as hereinafter mentioned and contained. And whereas we, the said several persons whose names are hereunder written, and seals hereto affixed, have respectively received the several sums of money set opposite to our respective signatures hereto, being 10s. in the pound upon the amount of

our respective debts, also set opposite our respective Release of signatures hereunder written. Now, therefore, know claims and de- all men by these presents, that for and in consideramands.

Provided always, and it is hereby declared and agreed, by and between the parties to these presents, that, in case the said A. B., his heirs or assigns, or his or their tenants, servants, or workmen, shall, at any time or times hereafter, be obstructed or hindered by him, the said C. D., his heirs or assigns, or any person or persons claiming, or to claim from or under him or them, or any or either of them, in passing or repassing, on foot or on horseback, or with horses, cattle, carts, and other carriages, to or over the said road now made on the east side, &c., then these presents, and every clause, matter, and thing herein contained, shall be and become void, any thing herein contained to the contrary thereof in anywise notwithstanding. In witness,” &c.

tion of the several sums of money so respectively paid to us by the said A. B. as aforesaid, the payment and receipt of which said sums of money we do hereby respectively acknowledge, we, the several persons whose names are hereunder written, and seals hereto affixed, creditors of the said A. B. as aforesaid, have, and each and every of us hath remised, released, and for ever quitted claim and discharged, and by these presents do, and each and every of us doth fully and absolutely remise, release, and for ever quit claim and discharge the said A. B., his heirs, executors, and administrators, and his and their lands, tenements, goods, chattels, and effects, of, from, and against all debts, claims, and demands whatsoever, which we now have, or ever had or could claim or demand of, from, and against the said A. B.; and all and singular covenants, conditions, and agreements, actions, suits, and causes of action or suit, which we now have or ever had against the said A. B., for or in respect, or on account of our said several debts. And we, the said several parties For further hereto, do hereby for ourselves, severally and not assurance. jointly, and for our respective heirs, executors, or administrators, covenant and agree to and with the said A. B., his heirs, executors, and administrators, that we and our respective heirs, executors, or administrators, shall and will, at any time hereafter, at the request, and at the costs and charges in all things of the said A. B., his heirs, executors, or administrators, make, do, and execute any such further and other lawful and reasonable acts, deeds, or releases, in the law, for the further and better, more perfectly and absolutely releasing, exonerating, and discharge ing the said A. B., his executors or administrators, from all claims and demands in respect of our said debts and demands, as by the counsel in the law of the said A. B., his executors or administrators, shall be advised and required. In witness, &c.

+ Add a schedule of the debts, and composition.

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