RELEASE. Annuity. No. CCCCXLVI. A Release (1) of an Annuity secured upon Freehold Premises, Where the Where se THIS INDENTURE made the day of in the BE year of the reign, &c. and in the year of our Lord 18 TWEEN (the grantee) of, &c. (2) of the first part, (the termor, Recital of grant or grantee's trustee) of, &c. of the second part, and (the grantor) of, &c. of the third part (3). WHEREAS by indenture bearing date of annuity. (1) A release is the giving or discharging of a right of action which one man has against another, or the conveyance or discharge of a man's interest or right in lands or tenements to another who has either the possession thereof, or some estate or interest therein. Releases according to Coke may operate in four manner of ways, Co. Lit. 193 b. 273 b. 267 a. n. (1). First, by way of mitter le estate, or passing an estate; secondly, by way of mitter le droit, or passing a right; thirdly, by way of creation, or enlargement of an estate; fourthly, by way of extinguishment. But matters of deed cannot be discharged but by deed, Sellers v. Bickford, 1 Mer. 460; Thompson v. Brown, ibid. 358—which case over-ruled that of Hotham v. the East India Company, 1 Dougl. 272. (2) If the grantee be dead, make his executors or administrators parties in his stead. (3) It is usual in annuity deeds to declare that the term shall cease upon the extinction of the annuity; in conformity, therefore, to this day of which was in the year of RELEASE. Annuity. on or about the our Lord 18, and made or expressed to be made between the said (grantor) of the first part, the said (grantee) of the second part, and the said (termor) of the third part, the said (grantor) in consideration of the sum of £ therein mentioned to be paid to him by the said (grantee), gave and granted unto the said (grantee), his executors, administrators and assigns, an annuity or yearly rentcharge of £ for and during the term of the natural life of the said (grantor), to be issuing and payable out of and chargeable upon the several messuages (1) or tenements and hereditaments therein and hereinafter described, upon the days and times and in the manner therein mentioned, with powers of distress and entry upon and perception of the rents and profits of the said hereditaments, in case the same should at any time be in arrear. And for better securing Demise to a the payment of the said annuity, the said (grantor) (2) thereby demised the said hereditaments and premises unto the said (termor), his executors, administrators and assigns, for the term of years, upon the trusts therein mentioned. AND WHEREAS the said Warrant of (grantor) also executed a certain warrant of attorney, bearing even date with the said indenture, authorizing certain attorneys therein named, to confess judgment against him in the court of in trustee. attorney. practice, it is here assigned to merge; but, if the deed creating the term do not provide for its cessation upon the satisfaction of the trusts, and the grantor wish to keep it alive, it may be assigned to a trustee, who should therefore be made a party of the fourth part. funds. (1) If the annuity be secured upon a life interest in money in the Money in the funds, say, 3 per "To be issuing and payable out of and chargeable upon the dividends, interest and annual proceeds of the sum of £ cent. Consolidated Bank Annuities, upon the days and times, and in the manner therein mentioned; and for better securing the payment of the said annuity, the said (grantor) assigned the said dividends and interest unto the said (trustee), his executors, administrators and assigns, upon the trusts therein mentioned." (2) If the annuity be secured upon leasehold premises, say, "And for better securing the payment of the said annuity, the said (grantor) thereby assigned the said messuages or tenements and premises unto the said (trustee), his executors, administrators and assigns, for the then residue of the said term of upon the trusts therein expressed.” years, Leaseholds. RELEASE. Annuity. Power of repurchase. All arrears of an action of debt for money had and received at the suit of the said years should annuity paid off. cease, determine and be utterly void. AND WHEREAS the said annuity and all arrears thereof have been fully paid and satisfied up to the date hereof (1). AND WHEREAS (2) the said (grantor) being desirous of re-purchasing the same, hath this day paid unto the said (grantee) the sum of £ as and for the re-purchase and extinguishment thereof, and the said (grantee) hath agreed to deliver up the said in part recited indenture and securities to be cancelled, and to cause satisfaction to be entered upon the record of the said judgment, and also to execute such release of the said annuity, and to direct such assignment to be made of the said premises chargeable with payment thereof, as hereinafter is expressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, to the said (grantee) in hand well and truly paid by the said (grantor) at or before the sealing and delivery of these presents, the receipt whereof, and that the same is in full for the re-purchase and extinguishment of the said annuity, yearly rent-charge, or annual sum of £ and of all arrears thereof, and of all claims and demands whatsoever of him the said (grantee) for or respecting the same, under or by virtue of the said indenture, or any bond, WITNESS. That in consideration, &c. Death of gran tee. Premises sold. Mortgage debt. (1) If the grantee be dead, recite here his death, and will, and appointment of executors, or intestacy, as the case may be; the form of these recitals will be found ante, p. 601. (2) If the release is upon the sale of the premises upon which the annuity is charged, see post. Rider A, p. 637. If the purchase-money of the annuity is to be commuted into a mortgage debt, see post. Rider B, p. 639. RELEASE. Annuity. leases the an warrant of attorney, judgment or other security, made, given or executed for payment thereof, as aforesaid, the said (grantee) doth hereby acknowledge, and of and from the same doth acquit, release, exonerate, and for ever discharge the said (grantor), his heirs, executors and administrators, HE the said (grantee) HATH (1) remised, The grantee rereleased and for ever quitted claim, and by these presents DoтH for nuity. himself, his heirs, executors and administrators, remise, release and for ever quit claim unto the said (grantor), his heirs, executors, and administrators, all that the said annuity, yearly rent-charge, or annual sum of £ so granted or secured to the said (grantee), his executors, administrators and assigns, in or by the said in part recited indenture as aforesaid; and all and singular the powers of distress and entry (2) upon the messuages, tenements, lands, hereditaments and premises comprised in the same indenture, and thereby charged with the payment thereof; and all the estate, right, title, interest, trust, property, claims and demands (3) whatsoever, of him the said (grantee) both at law and in equity, in, to, or concerning the same; to the end and intent that the same annuity or yearly rent-charge, and all powers and remedies for recovering the same, or enforcing or compelling payment thereof, may be extinguished and annihilated; and that the said (grantor), his heirs, executors, administrators and assigns, and the said hereditaments and premises, and other, his, their, and every of their lands, tenements, goods and chattels, shall and may be wholly and for ever exonerated and discharged of and from the same, and also of and from all actions, suits, bonds, warrants of attorney, judgments, executions, accounts, reckonings, claims and demands whatsoever of him the said (grantee), his executors, administrators or assigns, for or on account or in respect thereof, or any part thereof, or any deed, instrument, or security made or given for or relating to the (1) The proper words of a release, according to Littleton, are "re- Operative words. mise, release, and quit claim," Lit s. 445, to which Coke adds, " renounce and acquit," Co. Lit. 264; but other words of a similar import will have the same operation, Plow. 140, Sid. 265; Eustace v. Scawen, Cro. Jac. 696; Hickmot's case, 9 Co. 52. (2) If the annuity were secured upon money in the funds, these words should be omitted. (3) A release of all demands says Littleton, s. 201, is the best and strongest release of any; and per Coke, 291 b. the word " demand" is the strongest word in the law, except the word "claims", and that a release of all demands, discharges all sorts of actions, rights, titles and conditions, before and after breach, executions, appeals, rents of all kinds,. covenants, contracts, recognizances, &c. Money in the funds. "Claims and demands" the strongest words in a release. RELEASE. Annuity. Covenant by grantee that he has power to release. FURTHER Assignment of same (1). AND the said (grantee) for himself, his heirs, executors and administrators, doth hereby covenant and declare with and to the said (grantor), his heirs, executors and administrators, that he the said (grantee) hath not assigned or transferred the said annuity or any part thereof unto any person or persons whomsoever, nor at any time heretofore made, done, executed, or knowingly suffered any act, deed, matter or thing whatsoever, whereby or by reason whereof, he is become, or can or may be rendered incapable of, or prevented from releasing or extinguishing the said annuity, yearly rent-charge, or annual sum of L , or the securities or remedies for the same, or exonerating or discharging the said (grantor), his heirs, executors, and administrators, and also the said lands and hereditaments, of and from the payment of the same, in the manner hereinbefore expressed, and according to the true intent and meaning of these presents. AND THIS INDENTURE FURTHER WITNESSETH, that in further pursuance of the said agreement, and for the considerations aforesaid, [and also for and in consideration of five shillings of lawful current money of England to the said (termor) in hand at the same time paid by the said (grantor), the receipt whereof is hereby acknowledged,] HE (2) the said (termor) at the request of the said (grantor), and Term to attend. Leaseholds. Money in the funds. (1) If the annuity is released to the intent of converting the amount of the purchase-money into a debt, to be secured on the premises by way of mortgage, add as in Rider B, post. p. 639. (2) If the term be assigned to attend, vary this part of the draft agreeably to the form given; ante, p. 602. If the annuity be secured upon leasehold premises, say, "HATH bargained, sold, assigned, transferred and set over, and by these presents DоTH bargain, sell, assign, transfer and set over unto the said (grantor), his executors, administrators and assigns, ALL, &c." If the annuity be secured upon money in the funds, say, "HATH bargained, sold, assigned, transferred and set over, and by these presents DoтH bargain, sell, assign, transfer and set over unto the said (grantor), his executors, administrators and assigns, ALL and every the dividends, interest and annual proceeds of the said sum of £ three per cent. Consolidated Bank Annuities comprised in the said hereinbefore in part recited indenture, and thereby assigned to the said (trustee) as hereinbefore is mentioned; and all the estate, right, title, interest, trust, property, possession, |