Memorial.

Stamp duty on

the memorial.

Thirdly, as to the estate on which the annuity is charged. The nature of the estate and the interest the grantor has in it, must be specified in the memorial, Bradford v. Burland, 14 E. 446. So where there are trusts which are created in consequence of the annuity, they must be stated, not in general terms, Taylor v. Johnson, 8 T. R. 184; nor by the words "Upon the trusts therein mentioned," Dolman v. Dolman, 5 T. R. 641. But the clause for redemption, which was held to be necessary under the 17 G. 3, is not required by the 53 G. 3, c. 141; Yems v. Smith, 3 B. & A. 206.

Fourthly, as to the names of the parties. The name of the person actually paying the consideration money must be given, when it is paid on account of another, Dalmer v. Barnard, 7 T. R. 248.

Fifthly, as to the names of the witnesses. The description of the witnesses was required under the two first Acts to be accurately set forth, Darwin v. Lincoln, 5 B. & A. 444; but the 3 G. 4, c. 92, declares, that no further description of the witnesses is necessary than the naming them, St. John v. Champneys, 1 Bing. 77. And by the 7 G. 4, c. 75, it is provided, that no further or other names of witnesses are required in the memorial besides the names of such witnesses as shall appear signed to their respective attestations of the execution of the other instruments.

Sixthly, as to the consideration. An annuity granted in consideration of relinquishing a business or a school, or in consideration of anything but money, does not require to be memorialized, Crespigny v. Wittenoon, 4 T. R. 790; Hutton v. Lewis, 5 T. R. 639. The consideration must be truly set forth in the memorial, Washburn v. Birch, 5 T. R. 472; Watts v. Millard, ib. 598; also the mode of payment, Vaux v. Ansell, 1 B. & P. 224; Wright v. Read, 3 T. R. 554. But where there are several deeds for securing an annuity, the consideration need not be repcated in them all, Hodges v. Money, 4 T. R. 500, provided there be words of reference in the deeds not containing the consideration, to shew that they are all connected, Saunders v. Hardinge, 5 T. R. 9.

Seventhly, when void. By the two first Acts, the omission to register any of the deeds, rendered the whole transaction not only voidable, but absolutely void; but by the last Act, all deeds inrolled are declared to be valid and effectual, notwithstanding the omission to inrol other deeds for securing the same annuity, see further as to annuities, Dig. p. ii. tit. ANNUITIES.

3. By the 55 G. 3, c. 184, the memorial of an annuity requires a stamp of 17. and a further progressive duty of 10s. for every piece of vellum or parchment after the first on which the memorial is written.

No. XCIII.

Memorial of Grant of an Annuity by Indenture.

day of

A Memorial to be inrolled pursuant to Act of Parliament of an Indre tripartite being a grant of an annty bearing date the and made betn (grantor) of &c. of the first pt (grantee) of &c. spinster of the second pt and (trustee) a trustee named by and on the behalf of the sd (grantee) of the third pt whby in conson of £ of &c. to the sd (grantor) in hand pd by (a) A. B. for and in behalf of the sd (grantee) for which a receipt is signed by the sd (grantor) on the back of the sd Indre He the sd (grantor) did give grant and confirm unto the sd (grantee) and her ass for and during her natural life one annty or yrly rent-charge of £ of &c. to be issuing and paye yrly during the life of the sd (grantee) out of All that &c. To Hold and enjoy the sd annty of £ unto the sd (grantee) and her ass during the term of her natural life clear of all taxes and deductions whatsr paye quarterly on the days and in manner thin mentd And for the better securing paymt of the sd annty and also in conson of 5s. to the sd (grantor) by the sd (7.) He the sd (grantor) did demise unto the sd (T.) all and singr the thnbefe mentd messes or tents lds and preses thby chagd with the sd annty To hold the sd preses thby demised unto the sd (T.) his exs &c. from the day next befe the day of the date thof for the term of ninety-nine yrs if the sd (grantee) shd so long live at the yrly rent of a peppercorn only if lfully demanded subject to redemption upon the due paymt of the sd annty to the sd (grantee) in manner thin mentd The exon of which indre whof this is a memorial is witnessed by (b) F. I. of

co. of

gent. and I. C. of

in the co. of

(a) As to the mode of payment, see sect. 2.
(b) As to naming of witnesses, see sect. 2.

in the

gent.

No. XCIII.
Memorial of
Grant.

No. XCIV.

Memorial of
Bond, &c.

No. XCIV.

Of a Bond and Warrant of Attorney for securing the Payment of the same Annuity.

Also of a bond (a) or obligation bearing even date with the above-mentioned indre from the sd (grantor) to the sd (grantee) in the penal sum of £ with a condon thereunder written for

making void the same upon payment by the sd (grantor) unto the sd (grantee) at the times and in manner in the above indre mentd The exon of which bond is witnessed by J. H. of &c. in the co. of

And of a (a) warrant of attorney bearing date the same day of exted by the sd (grantor) directed to certain atties therein named empowering them to enter up judgment on the above-mentd bond at the suit of the sd (grantee) in her Maj. Ct. of Q. B. at Westminster The exon of which warrant of atty by the sd (grantor) is also witnessed by the sd J. H.

No. XCV. Release of an Annuity.

Recitals.

Annuity still subsisting.

Testatum.

No. XCV.

Release of an Annuity on a Repurchase.

This Indre made &c. see ante, No. LXXXV. Grant of an Annuity Betn (Releasor) of &c. of the first pt (Trustee) a trustee named for and on behalf of (Releasee) of &c. of the second pt and (releasee) of &c. of the third pt Whas by Indre &c. (recite grant of annty, see Assignment of Annuity.) And Whas &c. (recite warrant of attorney) And Whas the annty is still subsisting and all arrears of the same have been pd up to the day of the date of these prests as the sd (releasor) doth hby acknge And Whas the sd (releasee) hath agrd with the sd (releasor) for the repurchase of the sd annty of £

of £

at or for the price or sum

and it hath been thereupon agrd that the sd annty and

Now this Indre wit

the scties for the same shd be reld and the sd term of nine-nine
yrs be surrdrd in manner hnaftr mentd
nesseth That in conson of the sum of £

&c. to the sd (re

leasor) in hand pd by the sd (releasee) the rect &c, at the in

(a) As to what instrument must be memorialized, see sect. 2.

No. XCV. Release of an Annuity.

stance of the sd (releasee) testified by his signing and sealing these prests He the sd (releasor) Hath remised released acquitted and for ever quitted claim and by these prests Doth remise &c. unto the sd (releasee) his hrs exs ads and ass The sd annty secured by the sd in pt hnbefe recited indre and all arrears thof and all powers and remedies for recovering and enforcing paymt of the same And also the sd judgment entered up against the sd (releasee) at the suit of the sd (releasor) and the full bent of the same and all or. secties entered into and given for securing the sd annty And all the este right &c. (see ASSIGNMENTS) of him the sd (releasor) of in to and out of the sd annty or &c. and the sd judgmt and secties and evy pt thof And the sd (releasor) doth hby for himself &c (covt that he has done no act to incumber, see ASSIGNMENTS) whby the sd annty or any pt thof after the exon of these prests shall continue or be paye on the sd messe &c. or the sd preses be chagd with the same annty or any pt thof And this Indre further witnesseth That Further testain further pursuance of &c. and in conson of the preses and also in conson of 5s. to the sd (T.) in hand &c. by the sd (releasee) &c. the rect &c. He the sd (T.) at the instance and by the direction of the sd (releasor) testified &c. Hath surrendered and yielded up remised and released and by &c. doth surrender &c. All that messe &c. and all and singular or. the preses which by the sd hnbefe in pt recited indre were demised to the sd (T.) his exs &c. for the term &c. determinable as afd And all the este &c. To the intent that the sd term of nine-nine yrs may be merged and extinguished by way of rele of right surrender or orwise cease determine and be void to all intents and purps whats And the sd (7.) doth hby covt &c. (covt by trustee that he has done no act to incumber &c.) In witness &c. see ante, No. XLVI.

Annuities in Deeds, see INDEX TO PRECEDENTS.

tum.

ANTICIPATION.

SECT. 1. By the common law a woman could not have any pro- Separate Pro

perty independent of her husband, but equity interposed at an early perty.

period to give valdity to provisions which were made for the benefit

Anticipation. of femes covert. At first this was effected by the aid of trustees; but afterwards a gift to a feme covert, without naming trustees, was held to be good, Harvey v. Harvey, 1 P. Wms. 125; and afterwards more expressly in the case of Bennet v. Davis, 2 P. Wms 316, where the husband, becoming bankrupt, was made a trustee for the purpose of conveying the estate to a trustee for the separate use of the wife.

Alienations by femes covert.

Effect of the Anticipation Clause in respect of male persons.

2. In such cases the power of disposing of her property was left to the woman; but it was afterwards held that a gift to a feme covert, coupled with a restriction against alienating it by way of anticipation, was valid, Hulme v. Tenant, 1 B. C. C. 16; Jackson v. Hobhouse, 2 Mer. 483; but this restriction has been rendered virtually inefficacious by several subsequent decisions, Jones v. Salter, 2 Russ. & M. 208; Barton v. Briscoe, 1 Jac. 603; Newton v. Reid, 4 Sim. 141; Woodmeston v. Walker, 2 Russ. & M. 197.

In respect to males, it has been long clearly settled that no words prohibiting anticipation will be of any avail as against the claims of creditors, unless there be a gift over in case of alienation, Robinson v. Brandon, 18 Ves. 435; Graves v. Dolphin, 1 Sim. 66; Green v. Spicer, 1 Russ. & M. 395; Lewis v. Lewis, 6 Sim. 304; Snowden v. Dale, 6 Sim. 524. In every case, therefore, where the object is to prevent alienation, this cannot be securely effected otherwise than by framing the anticipation clause so as not only to render the gift void as to the party intended to be benefited, but also to make another disposition of the fund. In Lewis v. Lewis, 6 Sim. 304, the terms of the trust were, "That if A. (the donee) should at any time, in any manner whatsoever, impede or frustrate the trusts of the will, or interfere therewith, or with the receipt of the rents of the estates thereinbefore directed to be paid to him, then the rents should be no longer paid to him, but that his claim to the same should be forfeited, and that the trustees should thenceforth, for the term of twenty-one years from the testator's decease, invest and accumulate the rents, and stand possessed of the accumulations for the younger children of A.; and after the expiration of the twenty-one years, in case A. should be living, upon trust for the residue of A.'s life, to apply the rents for the benefit of A. and his family, in manner beforementioned, or again invest the same, so as to accumulate for the benefit of his children, as the trustees should think proper." A. assigned his interest to trustees for the benefit of his creditors, and it was held, that, as the assignment would operate to defeat the trusts of the will, it was void, but that A.'s interest wholly determined, and the rents were thenceforth to be invested for the purpose of accumulation.