BY OBLIGOR FOR PERFORMANCE OF DUTIES. Appointment Condition of No. VII. BOND with two SURETIES for the FAITHFUL PERFORM- KNOW ALL MEN BY THESE PRESENTS that we, A. B., of, &c. (principal obligor), C. D., of, &c., and E. F., of, &c. (sureties), are held and firmly bound to G. H., of, &c. (obligee) in the sum of £ to be paid to the said G. H., for which payment to be well and truly made we bind ourselves and every two and one of us jointly and severally by these presents. Sealed with our seal: Dated this 18-. day of WHEREAS the said A. B. hath lately been appointed to and now holds the office of in the said society: NOW THE CONDITION of the above-written bond or obligation is such that if the said A. B. shall from time to time and at all times hereafter, so long as he shall hold the said office of duly and regularly account for and pay to the directors for the time being of the said society, or to any person or persons who may be appointed for this purpose, all moneys which shall come to his hands, either in the capacity of of the said society, or by any other means on account of the said society, and in every other respect fully and faithfully perform and discharge the duties and obligations which from time to time shall devolve on him in such capacity as aforesaid, THEN the above-written bond or obligation shall be void, otherwise the same shall remain in full force and virtue. No. VIII. BOND of RESIGNATION of an ECCLESIASTICAL Benefice (a). and diocese of BOND OF RESIGNATION. Recital of agreement to obligor on condition of (BOND by A. B. to C. D. in the penal sum of £-): WHEREAS the above-named C. D. is the patron of the rectory of the parish present church of in the county of which rectory is now vacant by the death of X. Y., the late his executing rector thereof; and the said C. D. is about to present the abovebounden A. B. to the said rectory: AND WHEREAS the said A. B. has agreed to resign the said rectory in favour of E. D., a son of Bond. (a) The 9 Geo. 4, c. 94, sect. 1, provides that every engagement made 9 Geo. 4, c. 94. after the passing of the Act for the resignation of any spiritual office, being a benefice with cure of souls, dignity, prebend, or living ecclesiastical, to the intent or purpose to be manifested by the terms of such engagement, that any one person whosoever, to be specially named and described therein, or one of two persons to be specially named and described therein, being such persons as are thereinafter mentioned, shall be presented to such spiritual office, or that the same shall be given or bestowed to or upon him, shall be valid, and the performance of the same may also be enforced in equity; provided that such engagement shall be so entered into before the presentation, nomination, collation, or appointment of the party so entering into the same as aforesaid. Sect. 2 provides that where two persons shall be so specially named and described in such engagement, each of them shall be, either by blood or marriage, an uncle, son, grandson, brother, nephew, or grand-nephew of the patron or of one of the patrons of such spiritual office, not being merely a trustee or trustees of the patronage of the same, or of the person or one of the persons for whom the patron or patrons shall be a trustee or trustees, or of the person or one of the persons by whose direction such presentation, collation, gift, or bestowing shall be intended to be made, or of any married woman whose husband in her right shall be the patron or one of the patrons of such spiritual office, or of any other person in whose right such presentation, collation, gift, or bestowing shall be intended to be made. Sect. 4 provides that one part of the deed, instrument, or writing by which such engagement shall be made, given, or entered into, shall, within two calendar months next after the date thereof, be deposited in the office of the registrar of the diocese wherein the benefice shall bo locally situate. Sect. 5 provides that every resignation to be made in pursuance of any such engagement as aforesaid shall refer to the engagement in pursuance of which it is made, and state the name of the person for whose benefit it is made, and that it shall not be lawful for the ordinary to refuse such resignation unless upon good and sufficient cause to be shown for that purpose, and the person for whose benefit it is made must be presented within six calendar months next after notice of such resignation shall have been given to the patron. Sect. 6 provides that the Act shall not apply to presentations by the Crown, or by any ecclesiastical or other public body. BOND OF RESIGNATION. Condition of the said C. D., and now a student of College, in the University of in case he shall take holy orders, and the said C. D., or other the patron or patrons for the time being of the said rectory shall desire to present him thereto : NOW THE CONDITION of the above-written bond is such that in case the said E. D. shall at any time during the life of the said A. B. be admitted into the full orders of a priest of the Church of England, and the said A. B. shall within six calendar months after being requested so to do in writing by the said C. D. or other the patron or patrons for the time being of the said rectory, well and effectually resign the said rectory to the bishop of the said diocese, and cause such resignation to be accepted, so that the said C. D. or other patron or patrons for the time being of the said rectory, may present thereto the said E. D., or in case the said E. D. shall not be admitted into priest's orders as aforesaid during the life of the said A. B., or the said A. B. shall not be requested to resign the said rectory in manner aforesaid, THEN and in any of the said cases the above-written bond shall be void, otherwise the same shall remain in full force and virtue. RELEASES. No. I. RELEASE by RESIDUARY LEGATEES to the TRUSTEES and day of RELEASE BY THIS INDENTURE, made the -, BETWEEN Parties. A. B., of, &c., and C. D., of, &c. (releasors), of the one part, and E. F., of, &c., and G. H., of, &c. (releasees), of the other part: (Recite will whereby the testator devised and bequeathed to E. F. Recite will. and G. H. all his real and personal estate, upon trust to sell and convert the same into money, and to stand possessed of the same, after the payment of his debts and legacies, in trust for the testator's wife for life, and after his decease, in trust for his children in equal trustees should have a release. (a) Executors and trustees are entitled to have their accounts examined In what cases and settled before they hand over the balance to the cestuis que trust, and executors and it is usual and proper in such case for the cestuis que trust to execute a formal deed of release. But if a trust is declared of a specified fund in favour of a specified person, so that there are in fact no accounts to be settled, and the trustee merely hands over the fund in its original state, in strict accordance with the declared trust, he is not entitled to require a release under seal: Chadwick v. Heatley, 2 Coll. 137; King v. Mullins, 1 Drew. 308. Releases should be drawn so as to show on the face of the deed that the How releases releasors are fully aware of all the circumstances connected with the sub- ought to be ject of release, of their own rights and position, and of the position of the drawn. intended releasees as to breach of trust, liability, &c., and they should also explicitly state the claims to be released. Releases will be generally governed by the recitals, so that where the words of the release are general, but the recitals refer only to a particular matter, the release will be construed to relate in fact to the matter recited: Ramsden v. Hylton, 2 Ves. Sen. 304; Pritt v. Clay, 6 Beav. 503. Where there are other persons than the releasors who can be interested in or may have claims on the matter or property to which the release relates, the releasing parties generally execute a covenant of indemnity as well as a release, but not otherwise. Precedents of releases connected with sales of land will be found in Vol. I. under head of "Purchase Deeds." RESIDUARY LEGATEES. Seisin by testator of freehold messuage. Sale of free holds, balance after paying testamentary expenses and debts. RELEASE BY shares, and appointed E. F. and G. H. executors of his willdeath of testator, leaving the said A. B. and C. D. his only surviving children; and probate of his will): AND WHEREAS the said testator at the time of his decease was seised in fee simple of a certain freehold messuage or tenement, being No., &c., and situate, &c. : AND WHEREAS, pursuant to the trust for that purpose contained in the said will, the said E. F. and G. H. sold the said freehold hereditaments for the sum of £ : AND WHEREAS the said E. F. and G. H. shortly after the death of the said testator, possessed themselves of his personal estate, and converted into money such part thereof as did not consist of money, and with and out of the moneys produced by the sale of the said hereditaments, and the calling in and conversion of the said personal estate, and with and out of such part of the said personal estate as originally consisted of money, paid the funeral and testamentary expenses and debts of the said testator, and the legacies bequeathed by the said will, and the legacy duty thereon respectively, and there remained in the hands of the said E. F. and Investment of G. H., after such payments, the balance or sum of £: AND WHEREAS the said E. F. and G. H., pursuant to the trust in that behalf contained in the said will, invested the said sum of £ in, &c. (state investment): AND WHEREAS the said (testator's wife) died on the balance. Death of wife and adminis tration of her effects. income. Sale of the investment. day of and administration day of granted to of her estate and effects was on the the said A. B. and C. D. by or out of the principal Probate Application of Registry of the High Court of Justice: AND WHEREAS the income of the said (investments) was duly paid to the said (testator's wife) during her life, and since her death has been divided between the said A. B. and C. D. as they hereby acknowledge: AND WHEREAS the said E. F. and G. H., at the request of the said A. B. and C. D., lately sold the said (investment), and the said sale produced the sum of £- sterling, after deducting brokerage: AND WHEREAS the said sum of £ has been reduced by the payment thereout of the legacy duty, and of the costs and expenses of the said trustees incurred in relation to the said trusts to the sum of £ AND WHEREAS the said E. F. and G. H. have, before the execution of these presents, paid the said sum of £ to the said A. B. and C. D. in equal shares, as they do hereby acknowledge: AND WHEREAS, previously to the last-mentioned Payment of proceeds to residuary legatees, who are satisfied with account rendered. : |