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that the deed by which he intended to renounce the trust was framed as a re-conveyance instead of a disclaimer.
Parties seeking a re-conveyance of an outstanding legal estate were formerly exposed to very great inconvenience, in consequence of the infancy of the heir of the deceased trustee or mortgagee, which subjected them to the expense and delay of a chancery suit. The practice which is now frequently adopted of devising trust and mortgage estates to executors or other adult parties, and thereby pre venting them descending to an infant heir, has latterly done much for diminishing this inconvenience, and for cases where this precaution has not been adopted, the legislature have, by some recent provisions, provided a remedy by enabling parties so situated to obtain a re-conveyance without the necessity of resorting to a suit in equity.
By the act of 1st William IV., C. 60, effect is given to the conveyance of infant trustees or mortgagees, made under the direction of the Court of Chancery, and by the 14th section of that act, parlies having money to pay to infants, on the redemp tion of a mortgage, are enabled to obtain a good discharge by paying it into the Bank of England in the name of the Accountant-General of the Court of Chancery or Exchequer.
The benefit of this act, which can be obtained by petition to the Court, is extended to the case of unfound heirs, lunatics, parties out of the jurisdiction of the Court, and several other similar cases, of which the size and object of this work neither admit or require a discussion, and will be found to meet the great majority of those cases where, in consequence of the absence or incompetence of parties, impediments are thrown in the way of persons having the
• This act has been explained and amended in several points by the 4th and 5th William IV., c. 23, and Ist and 2d Victoria, c. 69.
beneficial interest in property, acquiring that legal dominion over it to which they are entitled, and for the full enjoyment of which the possession of the le. gal estate is essential.
Upon the discharge of a mortgage of copyholds to which the mortgagee has not been admitted, the mortgage-deed should be given up with a receipt for the principal and interest, and where a conditional surrender has been made, satisfaction should be entered on the rolls, but no re-conveyance is necessary. If, however, the mortgagee has been admitted, which is not often the case, a regular surrender should be made by him as soon after the payment as convenient, but even then no other re-conveyance will be necessary; but it will be equally important that the mortgagor should obtain a receipt for the money, and the possession of the mortgage and other deeds, and all other securities which he
have given. The propriety of obtaining a re-conveyance of the legal estate as soon as the purpose for which it was separated from the beneficial interest has been satisfied, and also a surrender or assignment of satisfied terms, has been before adverted to; but the importance of doing so fully justifies a repetition of the advice not to allow a legal estate, whether in the freehold or in a term of years, to remain outstanding after the necessity for doing so has ceased.
On the creation of a mortgage, it is proper and customary for the mortgagee to give a schedule of the deeds delivered over to him; this precaution never should be dispensed with, and on the mortgage being paid off, the redelivery of all such deeds, as well as of the mortgage-deed itself, should always be strictly required.
Where the party calling for a re-conveyance is himself a trustee, and requires the outstanding estate for the purpose of enabling him to execute his trusts, the re-conveyance may be safely made without the concurrence of the cestueque trusts ; but if, in parting with the legal estate, the party in whom it was vest
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.
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 legatee of
leasehold the debts have been satisfied, and that the executors had
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 (releasee,) ["for, or by reason, or in respect of, or in anywise 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 men. tioned 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 of 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.