RELEASE BY payment, the said E. F. and G. H. rendered to the said A. B. and C. D. an account of the real and personal estate of the said testator, and of the disposition and application of the same and the proceeds thereof, and of the income thereof respectively, and the said A. B. and C. D. examined the said account and are satisfied therewith, as they do hereby acknowledge and declare: AND they have therefore agreed to execute such release as is Agreement for release. Release by trustees and hereinafter contained: NOW THIS INDENTURE WITNESSETH, that in consideration of the premises, the said A. B. children to and C. D. hereby release the said E. F. and G. H., and each of executors. them, from all actions, claims, and demands whatsoever, for or in respect or on account of the real and personal estate of the said testator, and the rents, profits, and income thereof respectively, or any part or parts thereof respectively, or any act, deed, matter, or thing whatsoever done or omitted to be done by the said E. F. and G. H., or either of them, in or about the execution of the said will or the trusts thereof, or in anywise relating indemnify if any. to the premises: [AND the said A. B. and C. D. hereby jointly Covenant to and severally covenant (a) with the said E. F. and G. H. to keep against outthem indemnified against all claims and demands which may be standing debts, made against them or either of them or the estate of the said testator by any unsatisfied creditor or creditors of the said testator]. IN WITNESS, &c. (a) The covenant for indemnity as above should be given, if the executors have at the request of the residuary legatees omitted to insert the usual statutory notice for creditors, but not otherwise. When executors are entitled to a covenant for indemnity. RELEASE TO WHERE SHARE Parties. No. II. RELEASE by RESIDUARY LEGATEES to the TRUSTEES and EXECUTORS of a WILL on the distribution of the RESIDUARY ESTATE, where the SHARE of a DAUGHTER is settled by the Will, and is RETAINED by the TRUSTEES accordingly. THIS INDENTURE, made the day of, BETWEEN A. B., of, &c. (one releasor), of the first part, C. B., of, &c. (another releasor), of the second part, D. B., of, &c. (another releasor), of the third part, and E. F., of, &c., and G. H., of, &c. (trustees), of the fourth part (Recite will of testator, giving residuary estate to trustees, in trust to sell and convert and hold proceeds in trust for wife for life, and then for the children equally, the share of daughters to be settled—death of testator, leaving two sons and a daughter, A. B., C. B., and D. B., and probate of his Conversion of will): AND WHEREAS after the death of the testator the said trustees possessed themselves of his personal estate, and after paying thereout his funeral and testamentary expenses and debts, invested the residue, amounting to £, on mortgage security (Death of Wife): AND WHEREAS the said E. F. and succession duty G. H. have since the death of the said (wife), called in the said sum of £- and applied the sum of £- -, part thereof, in payment of the legacy duty, and of the expenses incidental to the distribution of the trust money, leaving the sum of £in their hands: AND WHEREAS the said E. F. and G. H. have, two-thirds to before the execution of these presents, paid the sum of £ estate. Payment of and expenses. Payment of sons, and retainer by trustees of one-third for daughter and her issue. That account has been rendered and approved. (being one third part of the said sum of £) to the said RELEASE TO IS RETAINED. the said testator, and of the application thereof, and the said A. B., C. B., and D. B. examined the said account, and are satisfied therewith: NOW THIS INDENTURE WITNESSETH, that in consideration of the premises, the said A. B., Witnessing C. B., and D. B., hereby release, &c. (as in Precedent No. I., Release. p. 685, to the end): PROVIDED ALWAYS, that these presents shall Release not to not extend to release the said E. F. and G. H., or either of them, of daughter retained by from the said sum of £ retained by them as and for the trustees. share of the said D. B. as aforesaid, or the future execution of the trusts declared concerning the same by the said will. IN WITNESS, &c. extend to share No. III. RELEASE by the NEXT OF KIN to an ADMINISTRATOR on THIS INDENTURE, made the day of BY NEXT OF KIN TO ADMINISTRATOR. 18-, Parties. BETWEEN A. B., of, &c., C. B., of, &c., and D. B., of, &c., (children of intestate), of the one part, and E. B., of, &c. (widow and administratrix of intestate), of the other part: WHEREAS X. B., Recital of day of death of intes 18-, tate leaving a children. late of, &c., died intestate on the leaving the said E. B., his widow, and the said A. B., C. B., and widow and D. B., his only children: AND WHEREAS letters of administra- Adminstration tion of the estate and effects of the said X. B., deceased, widow. -granted to the said E. B., his granted to debts and that estate is set were on the day of widow, by or out of the principal probate registry of the High Court of Justice: AND WHEREAS the debts and funeral and Payment of testamentary expenses of the said X. B., deceased, have been residuary paid and satisfied by the said E. B., and his residuary estate forth in first (after making such payments) consisted of the particulars set forth in the first schedule hereunder written: AND WHEREAS it Agreement for distribution, was lately agreed between the parties hereto that the said resi- as shown in duary estate should be allotted and divided to and among them schedule. schedule. second BY NEXT OF KIN TO ADMINISTRATOR. in manner following (that is to say), 1st, that Lot 1, consisting of the particulars set forth in the first part of the second schedule hereunder written, and being of the estimated value of one equal third part of the whole, should be retained by the said E. B. as her share; 2ndly, that Lot 2, consisting of the particulars set forth in the second part of the same schedule, and being of the estimated value of two equal ninth parts of the whole, should be taken by the said A. B. as her share; 3rdly, that Lot 3, consisting of the particulars set forth in the third part of the same schedule, and being also of the estimated value of two equal ninth parts of the whole, should be taken by the said C. B. as his share; and, 4thly, that Lot 4, consisting of the particulars set forth in the fourth part of the same schedule, and being also of the estimated value of two equal ninth parts of the whole, should be taken by the said D. B. as his share: AND WHEREAS her share, and in pursuance of the said agreement Lot 1 has been retained by the said E. B., and Lots 2, 3, and 4, have been made over to the said A. B., C. B., and D. B., respectively, in the manner mentioned in the said second schedule, as they do hereby reThat children spectively acknowledge: AND WHEREAS the said A. B., C. B., and D. B., have examined the accounts of the said E. B. as such administratrix as aforesaid, and are satisfied therewith, and in testimony thereof have agreed to give to her this release: NOW THIS INDENTURE WITNESSETH, that in consideration of the premises the said A. B., C. B., and D. B., hereby release from all claims the said E. B. from all actions, claims, and demands whatsoever in relation to in relation to the estate and effects of the said X. B., deceased. IN WITNESS, &c. That widow had retained other lots had been made over to children. have examined accounts. Witnessing part. Children release widow estate. THE FIRST SCHEDULE ABOVE REFERRED TO. Particulars of the Residuary Estate. 1. A leasehold house, being No. 2, Street, in the County of Middlesex, held for the unexpired residue of a term of day of at the yearly Railway Com 2. The household furniture and effects in the said house. 3. A sum of £, debenture stock of the pany. 4. A sum of £— invested on mortgage of freehold heredita BY NEXT OF KIN TO ADMI- THE SECOND SCHEDULE ABOVE REFERRED to. (Showing the distribution of the above.) The said leasehold house and the household furniture and effects in and about the same. The sum of £ Part 2. (A. B.'s share.) (part of the above-mentioned sum of £), debenture stock of the Railway Company. This has been transferred to the said A. B. by a deed bearing even date with these presents. The sum of £ A. B. by the said E. B. cash. This has been paid to the said Part 3. (C. B.'s share.) The above-mentioned sum of £ secured by mortgage. This mortgage has been transferred to the said C. B. by a deed bearing even date herewith (a). Part 4. (D. B.'s share.) The sum of £ £ -), debenture stock of the (residue of the above-mentioned sum of has been transferred to the said D. B. by a deed bearing even date herewith. The sum of £- cash. This has been paid to the said (a) This transfer will be in the usual form; the introductory recital (after reciting the death of the intestate and the administration taken out by E. B.) will be as follows: "AND WHEREAS upon the distribution of the residuary estate of the said X. B., deceased, it was arranged that the said C. B. should take the said principal sum of £- secured by the said indenture of mortgage as part of his share thereof." VOL. II. Y Y |