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RELEASE.

suffered to be done or committed, nor will at any time or times hereTrustee (estate). after do, commit, or knowingly suffer any one deed, matter, or thing whatsoever, whereby or by means whereof the messuages, &c. and hereditaments hereby released, or otherwise conveyed or assured as aforesaid, or intended so to be, or any part thereof are, is, may, or can be in anywise incumbered, charged, or prejudicially affected in anywise howsoever. AND further that, &c. [a covenant for further assurance may be added] (1). IN WITNESS, &c.

(1) See ante, p. 658.

No. CCCCLXVII.

*Release of Wages from Sailors to a Master of a Ship.

WE who have hereunto set our hands (or marks) and seals, being

mariners on board the ship called "The

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do hereby severally and respectively acknowledge and declare that we have received all wages and other allowance due to us for the service performed by us or any of us in the said ship "The ," in her said late Voyage from

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and back again to the port
or for, upon or by reason of
any other matter, cause or thing whatsoever, and that we and each
of us have and hath remised, released and for ever discharged, and
by these presents do and doth severally and respectively remise, re-
lease and for ever discharge the said (master) and all and every of
the owners of the said ship
"The
of and from all and
all manner of actions and action, cause, &c. which against the said
(master) or any owner or owners of the said ship, we or any,
or either of us respectively ever had, now have, or which our or any,
or either of our heirs, executors or administrators hereafter can,
shall or may have, for, upon or by reason of any claims or demands
for such wages or allowances, or in relation thereto, from the begin-
ning of the world to the day of the date of these presents. IN WIT-
NESS, &c.

RELEASE.

Wages.

RENUNCIATION.

Executorship.

No. CCCCLXVIII.

A Renunciation of an Executorship.

day of

TO ALL TO WHOM THESE PRESENTS (1) SHALL COME.
I (the re-
nouncing executor) send greeting. WHEREAS (the testator) of,
&c. deceased, by his last will and testament in writing, bearing date
the
appointed me an executor thereof. AND
WHEREAS I am desirous of declining to act in the said executorship.
Now KNOW YE, that I the said (renouncing executor) for divers
causes and considerations (2) me thereunto moving, HAVE re-
nounced, disclaimed, and given up, and by these presents Do abso-
lutely and for ever renounce, disclaim, and give up ALL execution
and executorship, and right and title of probate of or to the said
hereinbefore in part recited will of the said (testator) deceased, and
of and to all and every or any other will or wills, codicil or codicils,
or testamentary writing or writings whatsoever by him the said (tes-

Renunciation of executorship must be by deed.

Executor not allowed costs if testator insolvent.

(1) The refusal of an executor to take upon himself the executorship, cannot be by word only, but must be by some writing to be entered and recorded in the Spiritual Court before the ordinary; Swin. 443: but in what cases an executor is allowed to revoke his renunciation, and in what not, see Hensloe's Ca. 9 Co. 37; Perk. s. 212; Bacon's Use of the Law, 161; Dyer, 160; Broker v. Charter, Cro. Eliz. 92; Parten's Ca. 1 Mod. 213; Pawlet v. Freak, Hard. 111; Robinson v. Pett. 3 P. Wms. 251; House and Downs v. Lord Petre, 1 Salk. 311; Brookes v. Stroud, ib. 3; The King v. Simpson, 1 Black. Rep. 456; ibid. 3 Burr. 1463; Arnold v. Blencowe, 1 Cox Cha. Ca. 426.

(2) Although an executor or administrator is not answerable for debts, &c. beyond the assets come to his hands, yet it may require consideration by him, whether to act in the executorship or not; for if actions be brought against him he will not be allowed his costs if the testator prove insolvent, "for he need not have administered." Adair v. Shaw, 1 Sch. and Lef. 280.

RENUNCIATION.

tator) at any time or times made, and the probate and probates of the same and every of them respectively, and all (1) my right, title, Executorship. power, and authority whatsoever, to prove the same, or to act under or by virtue of the same will, or any or either of them, or to perform all or any of the trusts or directions thereof, or otherwise administer, interfere, or intermeddle with the estate or effects of him the said (testator) deceased, for or in favour of, &c. or otherwise howsoever. AND to the end and intent that this renunciation and disclaimer may more certainly take effect, I do hereby constitute and appoint any one or more of the procurators or others of or belonging in and to the Arches Court of Canterbury, or of the Consistory Court of to be my lawful procurators or procurator, proctors or proctor, or attorneys or attorney, for me and in my name to appear before any ecclesiastical or other competent judge or person (2), and for me and in my name to pray and procure this renunciation and disclaimer to be admitted and accepted, or otherwise for me and in my name to renounce and disclaim as well the execution and executorship of the last will and testament of the said (testator) deceased, and of all and every codicil or codicils thereto, as also the administration of or to all and singular his goods and chattels, and rights and credits, and all right and title concerning the same. AND I do hereby ratify, allow, and confirm, and promise and agree, at all or any time or times hereafter, to ratify, allow, and confirm all and whatsoever my said procurators, proctors or attorneys, or procurator, proctor, or attorney, or any or either of them shall lawfully do, or cause or procure to be done in or concerning the premises, by virtue hereof. AND, &c. (3). IN WITNESS, &c.

(1) The renouncing executor must renounce the whole executorship, Renunciation and cannot renounce in part only, or as to any particular acts of executorship; Billinghurst v. Speerman, 1 Salk. 297.

must be of the whole executor

ship.

(2) It has been noticed, that in order to give effect to a renunciation, Renunciation it must be registered and recorded in the spiritual court; see ante, n. must be record(1). If the party renounce in person, he must take an oath that he has ed in court. not intermeddled in the effects of the deceased, and will not intermeddle therein with any view of defrauding creditors; but if the renunciation be made by proxy, this oath is dispensed with.

(3) If the executor has acted, add, "released of all estate, &c." (if any) as ante, p. 661. A simple disclaimer, when no act has been done by the disclaiming executor, should not contain a release, if it be wished to prevent the estate from vesting; as it has been holden, that a man cannot execute a release without having assented to a conveyance to himself. Nicholson v. Wordsworth, 2 Swan. 365. Sed vide Adams v. Taunton, 5 Mod. 435; 3 Prest. Ab. 225.

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RESIGNATION.

Benefice.

No. CCCCLXIX.

A Resignation of a Living to a Bishop (1).
Variation where it is before a Public Notary.

IN THE NAME OF GOD AMEN.

Father in God

Before you (2) the Right Reverend by divine permission Lord Bishop (3) of and credible witnesses here present (4), I (the incumbent),

Resignation

must be made

(1) A resignation is where a parson, vicar or other beneficed clergy. man, voluntarily gives up and surrenders his charge and preferment to to a proper per those from whom he received it; Degg, part 1, c. 14. In order that a

son.

Resignation before notary.

Donative livings

to the patron.

resignation may take effect, it must be made to a proper person; for,
though it may be made before a notary public, yet the instrument
must be directed to him who has the power to accept of the resig-
nation, and the notary is to certify the same to him; and when he has
accepted of such resignation, and not till then, the church is void; be-
fore which time any presentation would be a nullity; Fairchild v. Gayre,
Cro. Jac. 63; Smith v.- Noy, 147; Fane's Ca. Cro. Jac. 197.
(2) If the resignation be before a notary public, say,

"Before you a notary public and credible witnesses here pre

sent."

(3) If the living resigned be a donative, the resignation must be made must be resigned to the patron, and not to the bishop; Co. Lit. 344 a. Gibs. 822; for it is a maxim in the civil law that resignation can only be made to a supe rior, Gibs. 822; and this must be the next immediate and not a mediate superior, as of a church presentative, to the bishop, and not to the metropolitan, 2 Rolls. Ab. 358, pl. and of a donative church, to the patron. And if there be several patrons of a donative, and the incumbent resign to one, it will be good for the whole; Deg. pl. 1. c. 14.

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(4) Resignation must be made in person, and not by proxy; Gibs. 822; Deg. p. 1. c. 14; Wats. c. 4. And although it may be made before a notary public, yet it is by the personal appearance of the incumbent before him, and by an instrument directed immediately to the ordinary, and merely attested by the notary, who presents it to him.

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