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No. LXXXIX. sd rects shall be ackngd or expssd to have been recd And it

Secured on

Leaseholds in is hby furr decld and agrd and the sd (grantor) for himself his hrs &c. (Covenants for title &c. see ante, No. LXXXV.)

Trust.

No. XC.

Secured on Money in the Funds.

No. XC.

Grant of an Annuity secured on Money in the Funds.

Obs. By the 53 G. 3, c. 141, s. 10, if the stock be not actually transferred for the purpose of securing the annuity, but be standing in the names of trustees under a marriage settlement, or a will and the like, an inrolment of the memorial will not be required.

This Indre made &c. see ante, No. LXXXV. Betn (grantor) of &c. of the one pt and (grantee) of &c. of the or. pt Whas (a) A. B. by his last will and testament duly exted and attested bearing date &c. did among or. things devise and bequeath unto (trustees) their exs ads and ass certain estes thin parlarly deRecital of will. scribed Upon Trust That they the sd (trustees) shd as soon as convenient after his dece sell and dispose of the same for the best price that could be obtained and he did direct that the money to arise from the sale of such estes should be laid out and invested in some one or more of the public funds and that the annual int divds and produce shd from time to time accumulate until the sd (grantor) his grandson shd attain the age of twenty-one And then the sd (trustees) shd pay unto the sd (grantor) his grandson the whole int divds and income of the sd estes and all the increments accumulations and improvements

(a) If the estate be created by a settlement, then, instead of the above recitals, say, "Whus in and by a certain indre bearing date &c. and made betn &c. purporting to be a settlement made on the marre then intended and which aftwds took effect the sum of £ Three per cent. Bk Annuities of (grantor) and C. D. his now wife was transferred into the names of the sd (trustees) in the bks of the Govr and Compy of the Bk of Engld Upon trust that they the sd (trustees) and the survors and survor of them and the exs &c. of such survor shd pay and apply the int divds and proceeds thof as the same shd from time to time become due and paye from and after the sd marre unto the sd (grantor) and his ass during the term of his natural life or orwise permit and empower him to rece the same to and for his and their bent And from and immly after his dece Upon trust to pay and apply the same in the manner therein expssd."

thof during the natural life of the sd (grantor) to and for his own use and bent And whas the sd (testator) departed this

in the

18 year

Court &c.

No. XC. Secured on Money in the Funds.

tator and probate of will.

life on or about the day of witht revoking or altering the sd bequest to him the sd (grantor) and Death of tes the sd (trustees) duly proved his sd will in the And whas the sd (grantor) attained his age of twenty-one yrs on or about &c. and thereupon became intitled to the int divds and produce of the sd annual sum of £ And whas (recite contract for purchase, see ante, No. LXXXV.) And whas upon the treaty for the purchase of the sd annty or &c. of £

terest and divi

it was agreed that for the more effectually securing the paymt thof unto the sd (grantee) his exs ads or ass he the sd (grantor) shd grant and assign unto the sd (grantee) all the present and future int divds and produce of the sd sum of £ so given and devised to the sd (grantor) during the term of his natural life Now &c. (see ante, No. LXXXV.) And this Indenture further witnesseth That in conson of the preses He the sd (grantor) Hath granted bargained &c. (see post, ASSIGNMENTS) Grant of inand by these prests Doth grant &c. unto the sd (grantee) and dends, his ass All and evy the ints divids and produce now accruing and arising and from time to time to accrue and arise during the natural life of the sd (grantor) To Have and to Hold rece perceive take and enjoy the sd int divds and profits and all advantage and bent therefrom unto the sd (grantee) his exs ads and ass Upon the trusts nevss and under and subject to the provos declons and agrts hnaftr expssd and decld of and concerning the same that is to say Upon Trust That he the sd upon trusts, (grantee) his exs ads and ass shall and do by with and out of the int divds and produce hby assd or intended so to be yrly and evy yr during the life of the sd (grantor) pay the sd annty or clear yrly sum of £ and a proportional pt thof as afd at or on the days or times and in the manner hnbefe appointed for paymt of the same And in the next place shall and do pay to pay annuity. and reimburse himself all costs chas and exps which the sd (grantee) his exs ads or ass shall sustain or be put unto by reason or means of the nonpaymt of the same or any pt thof

grantor.

And lastly shall and do pay the residue of the sd int divds and residue to the produce to the sd (grantor) his exs ads or ass for his and their own use and bent And it is hby decld and agrd by and betn Power of at

torney.

No. XC. Secured on

Funds.

the pties to these prests and the sd (grantor) in particular doth Money in the hby authorize and empower the sd (grantee) his exs ads and ass from time to time during the continuance of this security to ask demand recover and rece of and from the sd (T.) or the trustees for the time being the sd int divds and produce of the sd sum of £ and evy pt thof and upon rect thof or of any pt thof rects releases acquittances and dischas from time to time to make and give for the same either in the name or names of him the sd (grantee) his exs ads or ass or in the name of the sd (grantor) and upon the nonpaymt thof or of any pt thof in the name or names of the sd (grantor) his exs &c. to have take exercise commence carry on and prosecute all such powers remedies ways and means whatsr for recovering of the same as fully as he the sd (grantor) might or could personally do in that behalf in case these prests had not been made he the sd (grantor) hby constituting and appointing the sd (grantee) his exs ads and ass his true and lful atty and atties for that purpose with power to substitute depute or appt under him or them any or. psn or psns for the same ends and purps and also hby confirming and ratifying and agreeing to confirm and ratify all that the sd atty and atties shall lfully do or cause to be done in and about the preses And the sd (grantor) for himself &c. doth covt &c. that is to say That he the sd (grantor) now at the time of making and sealing these prests is in the rect and enjoymt of and well intitled to the sd int divids and produce and that he hath not at any time or times heretofore made done or committed any act deed grant assignment matter or thing whatsr whereby or wherewith the sd divds and produce hby assd or intended so to be is are can shall or may be in anywise chagd incumbered or orwise prejudicially affected And that he the sd (grantor) shall and will &c. [appear at an insurance office See GRANT (FREEHOLDS.)] Provided always and it is hby decld and agrd by and betn the pties to these prests and parlarly the sd (grantee) for himself &c. [proviso for repurchase. See ante, No. LXXXV. Grant (FREEHOLDS)] In witness &c. see ante, No. LXXXV.

Covenant that grantor is

intitled to the interest and dividends;

to appear at

an insurance

office.

Repurchase.

No. XCI.

Grant of an Annuity secured on a Benefice.

Obs. By the 13 Eliz. c. 20, repealed by the 43 G. 3, c. 8, but revived by the 57 G. 3, c. 99, all chargings of benefices with a cure with any pension, or with any profit out of the same to be yielded or taken, other than rents to be reserved upon leases, are, made void; and it has since been held, that a demise for securing an annuity is void under this statute; Shaw v. Pritchard, 10 B. & C. 241; but the covenants in the annuity deed may be good although the rest is void, and payment of the arrears under these covenants may be enforced by a warrant of attorney, Gibbons v. Hooper, 2 B. & Ad. 734.

No. XCI.

Secured on a
Benefice.

seisin ;

This Indre &c. Whas the sd (grantor) is rector (or “vicar”) Recitals of of the parish church of &c. in the co. of within the diocese of and in right thof was seised of or orwise intitled to the glebe lands togr with all and singr the tithes or tenths rents offerings and oblations and or. appts to the same rectory or parsonage belonging or appertaining And whas (recital of contract of contract &c. bond and warrant of atty, see Grant on Freeholds) Now &c.

in conson &c. he the sd (grantor) Hath granted &c. one annty Testatum.

or clear yrly sum of £

charged and chargeable upon &c. All

that the sd rectory and parish church of

And also upon

all the messes or tents glebe lds tithes tenths oblations obventions offerings portions prfts emoluments rights members and appts whatsr thereunto belonging To Have Hold take &c. And Habendum. this Indenture furr witnesseth That &c. for the more effectually securing and enforcing payment of the sd annties and in conson of the preses and also of 5s. &c. (demise to trustee of the rectory glebe lands tithes &c. for the term of 99 yrs if the sd (grantor) shd so long live And it is hby decld &c. (power of attorney to trustee to receive and recover the rents issue and profits of the sd rectory, see lust Precedent) And the sd (grantor) for &c. (covt to pay annty, that he has good right to charge the sd rectory &c. for quiet enjoyment &c. also a clause to repurchase, see Grant of an Annuity secured on Freeholds) In witness &c. see ante, No. XLVI.

VOL. I.

Grant of an Annuity by way of Further Charge, see post,
FURTHER CHARGE.

Conveyance by a Vendor to a Purchaser, in Consideration of an Annuity secured to Vendor for Life, see post, PURCHASES.

ASSIGNMENTS OF ANNUITIES.

1. An Annuity is assignable.

2. Need not be inrolled.

3. Stamp.

An annuity is assignable.

Need not be inrolled.

Stamp.

SECT. 1. It was formerly doubted whether an annuity was assignable though assigns were named in the grant (Perk. s. 101), it being considered a mere personal contract, and consequently a chose in action, 2 Vin. Abr. 515; but this objection was afterwards overruled, Hetl. 80. It seems, too, that naming the assigns is not essential to the making an annuity assignable, 7 Co. 28, b; Harg Co. Litt. 144, b. An annuity, however, being in the nature of a chose in action, a power of attorney is usually given to sue in the name of the assignor for recovery of the arrears.

2. The memorial of an annuity being once inrolled, need not on assignment to be inrolled again, Dixon v. Birch, 2 H. Bl, 307. 3. An assignment of an annuity requires an ad valorem stamp on the consideration money.

No. XCII. Assignment.

No. XCII.

Assignment of an Annuity.

This Indre &c. see ASSIGNMENTS Betn (assignor) of &c, of the first part (trustee of term) of &c. of the second part (assignee) of &c. of the third part and (new trustee of term) of &c. Recital of grant of the fourth part Whas by an indre bearing date &c, and made of annuity. betn (grantor) thin described of the first pt (trustee of the term) also thin described of the second pt and sd (assignor) of the

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