will.

ment of executors.

of the exe

* Releafe of a Legacy.

To all to whom thefe prefents shall come, T.S. of, &c. Efq. and S. his wife, formerly S. P. fpinfter, one of the daughters of A. P. Recites the deceased, fend greeting. Whereas, the faid A. P. did in and by his laft will and teftament in writing, bearing date, &c. give to the faid S. S. then S. P. a legacy or fum of £— Appoint and appointed C. D. E. F. and G. H. executors of his faid will; and they the faid C. D. E. F. and G. H. foon after the decease of the faid A. P. duly proved the fame, in the preAnd their rogative court of the Archbishop of Canteracceptance bury, and took upon themfelves the execution cution. thereof. Now these presents witness, that the faid T.S. and S. his wife, do hereby acknowledge to have had and received of the faid C. D. E. F. and G. H. the fum of fo by the £will of the faid A. P. bequeathed to the said S. S. and all intereft which hath accrued due thereon until and up to the day of the date of these presents. And that of and from the fame fums of and the intereft thereof, and every part thereof refpectively, they the faid T. S. and S. his wife, do, and each of them doth by thefe prefents, for ever acquit, release, and discharge the faid C. D. E. F. and G. H. and each and every of them, their, and each and every of their heirs, executors and adminiftrators, and their and every of their eftates and effects whatfoever and wherefoever, late of the faid A. P. for ever. And alfo, that the faid T. S. for himfelf, his heirs, executors, and adminiftrators, and for the faid S. his wife, and the the faid S. S. fo far as in her lies for herself, her heirs, executors and adminiftrators, do, and each of them doth by these presents, remife, release, and for

Release.

ever quit claim unto the faid C. D. È. F. and G.H.and each and every of them, and their, and each and every of their heirs, executors and adminiftrators; all and every action and actions, fuit and fuits, caufe and caufes of action, or other claims and demand whatfoever, of them the faid T.S. and S. his wife, or either of them, for, or in respect of the faid fum of for the intereft thereof, or any part thereof refpectively. In witness, &c.

* Releafe of Dower.

To all to whom thefe prefents shall come, M. P. the widow and relict of G. P. late of, &c. gentleman, deceased, fends greeting. Whereas, the faid M. P. as the widow and relict of the faid G. P. is entitled to her dower and thirds, at the common law, of, in, to, or out of one full moiety or half part, the whole into two equal parts being divided, of and in the manor, &c. late belonging to

deceased, which faid manor, &c. have been lately fold and conveyed unto, and to the ufe of J. E. of, &c. Efq. his heirs and affigns, for the fum of £ and upon the treaty for the fale of the faid premifes, the faid G. P. did agree that the faid manor and premises should be held and enjoyed by the faid J. E. his heirs and affigns, freed and difcharged of and from her dower and thirds, and all claims and demands of her the faid M. P. for or in refpe&t of the fame or otherwife, And for that end, fhe did propose and agree to releafe and quit claim unto the faid 7. E. his heirs and affigns, all her right and title of dower, and all other claims and demands of her the faid M. P. in VOL. II. . Ι

to or out of the faid manor and premises here. in after mentioned. Now know ye, that in confideration of the said sum of £• paid by the faid J. E. for the purchafe of the faid manor and premifes, and for effectuating the intent and purpofe aforefaid, and in pursuance and performance of the faid herein before mentioned propofal and agreement on the part of the faid M. P. in this behalf, and in confideration of the fum of 10s. of, &c. to the faid G. P. paid by the faid 7. E. upon, or imme. diately before the delivery of thefe prefents, the the faid M. P. bath granted, remifed, releafed, and for ever quitted claim, and by these prefents doth grant, &c. unto the faid F. E. his heirs and affigns, all the dower or thirds, and right and title of dower or thirds, at the common law or otherwife, which the the faid M.P. hath, or can, or may, or otherwife might have, claim, challenge, or demand of, in, to, or out of all and fingular the manor, &c. late belonging to the faid deceased, and which have been fo fold and conveyed unto the faid 7. E. his heirs and affigns, as aforefaid; And of, in, to, and out of the rights, members, and appurtenances thereunto belonging. And all other, the estates, right, title, intereft, property, claim and demand, both at law and in equity of her the faid M. P. of, in and to the faid manor and premifes, and every part thereof; to the end and intent, that the faid manor and premifes fhall and may be held and enjoyed by the faid 7. E. his heirs and affigns, freed and abfolutely discharged of and from the dower or thirds, and all other claims and demands of her the faid M. P. and that all and every perfon and perfons claiming, or to claim, by from or under, or in truft for her, shall and may be effectually barred, and for ever ex

cluded by thefe prefents, of and from her dower or thirds, and all other claims and demands whatfoever, of in to or out of the faid premifes and every or any part thereof. In witness whereof, &c.

Of REVOCATIONS.

ARevocation is an inftrument by which

fome deed or power previoufly given is rendered void. It is applied chiefly to wills and to uses.

A will may be revoked either exprefsly or by implication.

An exprefs revocation is effected by the publication of another will or codicil, or fome other writing declaring fuch intent, or "by burning, cancelling, tearing, or obliterating the fame, by the teftator himself, or by fome perfon in his prefence, and by his direction. and confent." 29 Car. 2. c. 3. which new will, &c. it has been held, must be in all refpects a valid will, or it will not amount to a revocation of the former. I Show. 89. 2 Atk. 272. (Sed vid. 3 Md. 218. 9 ib. 190. 10. ib. 237.) and the cancelling, &c. men

tioned in the ftatute must be with an intent to cancel, or the will will ftill be good though defaced. 1 Pere. W ́ms. 346.

And it has likewife been held that a will may be revoked in part only by a partial oblite ration of particular bequests, Cowp. 812.

Revocations of wills may alfo be effected by fubfequent alteration in the circumstances of the teftator, or of the eftate devifed, as in the case of a subsequent marriage and iffue, which it is fuppofed must inevitably have produced a change in his mind, relative to the difpofition of his property, Doug. 31. 35. 38. 4 Bur. 2171. 2182. and upon a fimilar ground the fale or other legal transfer of the eftate, &c. devised, will be a revocation either wholly or in part, according to the nature and extent of the transfer.

325. 1 Vern. 329.

1 Atk. 576. 2 ib.

USES are alfo revocable, and new ufes may be declared at any future time, provided the grantor has referved fuch a power in the deed creating the estate. 3 Blac. 335.

See more of revocation of ufes, Bac. Ufes 316. Lil. Conv. 285. And of Wills poft, Title WILLS.