No. CCCCLII.

A Release of Dower (1).

Variation where the release includes Thirds of Husband's Personalty.

THIS INDENTURE made the

day of

in the

RELEASE.

Dower.

Recital of death

year of the reign, &c. and in the year of our Lord, 18 BE- Parties.
TWEEN (the doweress) of, &c. widow and relict of (the husband),
late of, &c. deceased, of the one part, and (the heir) of, &c. (2) eldest
son and heir at law (3) of the said (husband) of the other part.
WHEREAS the said (husband) departed this life on or about the
day of
intestate, and at the time of his decease was
seised of or entitled unto certain freehold hereditaments and premises
situated at
in the county of
and elsewhere, in fee-,
simple in possession, which upon his deccase descended to the said

of husband and

descent of land to the heir.

(1) This release, it must be understood, is of the right which the widow has to an assignment of dower by the heir, and not of the estate in dower which she has after assignment, which cannot be the subject of a release of right, but like all other estates in land, must, if parted with, be conveyed by deed capable of operating by way of transmutation of possession.

Release of

dower can only be before assign

ment.

Release of

dower must be

made to the

tenant of the

freehold.

(2) A release of dower must be made to the tenant of the freehold either in possession or reversion, because it is against him only that she can demand her dower, and therefore a release to the tenant at will, or for years, of lands of which she is dowable will be void, Cro. Jac. 151; but as the particular estate and reversion make together but one inheritance, a release to either of them will be effectual, and by reason of this unity of estate, the discharge of that in possession or that in reversion singly, will be a discharge of both; Co. Lit. 265; Altham's Ca. 8 Co. 202. (3) If the heir be also administrator, and the thirds be released, add, Heir adminis "And also administrator of the goods and chattels."

trator.

RELEASE.

Dower.

WITNESS. That in consideration, &c.

The doweress releases her

right.

(heir) as his heir at law (1). AND WHEREAS the said (doweress)
hath agreed to release and discharge the said hereditaments and pre-
mises from her right of dower therein (2), in consideration of the sum
of Ꮺ
(3). Now THIS INDENTURE WITNESSETH, that in pur-
suance of the said agreement, and in consideration of the sum of
L
of lawful money of the United Kingdom of Great Britain
and Ireland, to the said (doweress) in hand well and truly paid by
the said (heir), at or immediately before the sealing and delivery
of these presents, the receipt whereof the said (doweress) doth
acknowledge, as well by these presents as by the receipt or ac-
quittance for the same sum hereupon indorsed, SHE the said
(doweress) HATH remised, released, relinquished and for ever
quitted claim, and by these presents DoTH freely, clearly and ab-
solutely remise, release, relinquish, and for ever quit claim unto the
said (heir), his heirs and assigns, ALL and all manner of dower, and
right and title of or to dower whatsoever, at the common law or other-
wise, which she the said (doweress) now hath, or can, or may at any

Thirds.

Thirds.

Annuity,

(1) If the release be intended to extend to the thirds of the husband's personalty, and the heir be also administrator, add,

"Who hath also taken out letters of administration to the personal estate of the said (husband,) she the said (doweress) having renounced all claim thereto."

(2) If the release be intended to extend to the thirds of the husband's personalty, add,

"And also to release all her right or beneficial interest in or to his personal estate."

(3) If the consideration for the release be an annuity instead of a sum in gross, say,

being

"In consideration of an annuity or yearly sum of £ secured to her by the said (heir) for the term of her natural life. AND WHEREAS by an indenture bearing or intended to bear even date with these presents, and made or expressed to be made between the said (heir) of the one part, and the said (doweress) of the other part, the said (heir) hath accordingly granted and secured the said annuity unto and to the satisfaction of the said (doweress) as she doth hereby acknowledge. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and also for and in consideration of the said annuity or yearly sum of £ so secured to her for the term of her natural life as hereinbefore is mentioned, SHE the said (doweress) HATH remised, released", &c. as above.

time hereafter have, claim, challenge or demand, or if these presents had not been made, might or could have had, claimed, challenged or demanded, of, in, to, or out of the lands, tenements and hereditaments of him the said (husband), her late husband deceased, or any part thereof; and all other the estate, right, title, interest, property, claim and demand, both at law and in equity, of her the said (doweress) of, in and to the same premises, and every or any part thereof (1), TO THE END AND INTENT, that the said several messuages, lands, tenements and hereditaments, shall and may be holden and enjoyed by the said (heir), his heirs and assigns, freed and absolutely discharged of and from the dower, and all other claims and demand of the said (doweress), and every person or persons claiming, or to claim by, from, under, or in trust for her, of, in, to, out of, or upon the same, or any part thereof. AND the said (doweress) doth hereby for herself, her heirs, executors and administrators, covenant, promise and agree with and to the said (heir), his heirs and assigns, that the said (doweress) hath not at any time heretofore made, done, committed or knowingly suffered, or permitted any act, deed, matter or thing whatsoever, whereby the same hereditaments and premises, or any part thereof, are, is, or can be charged, incumbered or prejudicially affected in any manner howsoever, or whereby, or by reason or means whereof, she the said (doweress) is, or may be prevented or hindered from releasing the said lands and hereditaments from all the right, title, claims and demands of her the said (doweress) in, to, or upon the same, in the manner aforesaid, and according to the true intent and meaning of these presents. AND that the said (heir), his heirs and assigns, shall and may have, hold and enjoy the said lands, tenements and hereditaments, and every of them, without any let, suit, trouble, eviction, interruption, or disturbance whatsoever, whether by action or writ of dower, or otherwise howsoever, of, or by the said (doweress), or any person or persons lawfully claiming, or to

RELEASE.

Dower.

Covenant by

doweress that

she has not incumbered.

That the heir enjoy free from shall quietly claims of

doweress.

(1) If the release be intended to extend to the thirds of the husband's Thirds personalty, add,

"And also all and every the third or other part or portion, and right and title of or to the third or other part or portion, which she the said (doweress) hath, or can, or may challenge or demand under or by virtue of the statute of distributions or otherwise howsoever, of, in, to or out of the goods, chattels and personal estate and effects which he the said (husband) was possessed of or entitled to at the time of his decease, or any part thereof."

RELEASE.

Dower.

Further assur

ance.

claim, by, from, under, or in trust for her. AND MOREOVER that the said (doweress) shall and will, at all times hereafter when thereunto required by the said (heir), his heirs and assigns, but at his and their own costs, charges and expenses, make, do, execute and perfect, all and every such further and other lawful and reasonable acts, deeds, matters and things, for the more fully and absolutely or satisfactorily releasing and exonerating the said lands and hereditaments from the title to dower of the said (doweress), as by him the said (heir), his heirs or assigns, or his or their counsel in the law, being of the degree of a barrister, shall be advised or required. IN WITNESS, &c.

Stamp.

*See post. " STAMP", Schedule.

No. CCCCLIII.

*A Release of Errors upon a Judgment, or otherwise (1).

KNOW ALL MEN BY THESE PRESENTS, That I (creditor) of, &c. in
the county of have remised and for ever quit claimed, and by
these presents for me, my heirs, executors and administrators, and for
every of them, do fully and absolutely remise, release, and for ever
quit claim unto (debtor) of, &c. all and all manner of error and errors,
writ and writs of error, cause and causes of error, misprisions, misen-
tries, misfeazances and all other erroneous proceedings whatsoever,
had, made, committed, omitted, suffered or done, in, touching or con-
cerning a certain judgment had and obtained against me the said
(debtor) in the Court of
at Westminster, in the term of
year of the reign of our sovereign Lord King
at the suit of the said (creditor) for
damages [or otherwise as the case may
be], and all matters and things relating to any error or errors con-
cerning the same.

in the
the

debt, and £

IN WITNESS, &c.

(1) See ante, p. 630. n. (1), and post. "WARRANT OF ATTORNEY."

RELEASE.

Errors (judgment).