No. CLXXIX. full and free bent of the sd pew and preses he the sd (assignor) Pews. Power of attorney. Doth hby make constitute and appt A. B. one of the proctors of the ecclesiastical court at to appear for him the sd (assignor) in the sd court or elsewhere on his behalf but at the costs and chas of the sd (assignee) to give and acknge his consent and approbation and direction for confirming the sd pew to the afd (assignee) and his family or orwise accordg to the practice of the sd court he ratifying and confirming whatsr the sd A. B. or or. proctor of the sd court shall as proctor or atty Not to revoke. for the sd (assignor) Ifully do or cause &c. in the preses And furr the sd (assignor) promises declares and agrees not to revoke annul or defeat these prests or any authty thereby given to the sd proctor but from time to time to confirm and establish the same And the sd (assignee) doth hby for himself his exs &c. covt &c. that he the sd (assignee) his exs &c. shall and will well and truly pay all dues rates and contributions which may be hraftr lfully made and demanded for and concerning the sd pew And do and perform all needful repairs decorations and improvements whatsr at his own costs and chas and wholly indemnify the sd (assignor) his hrs exs and ads therefrom In witness &c. see ante, No. XLVI. Policies assignable. Life insurances void, when. Sums on poli cies not appor tionable. ASSIGNMENTS OF POLICIES OF INSURANCE. 1. Policies assignable. SECT. 1. Policies of insurance, although choses in action, may be assigned at law as well as in equity, Delany v. Stoddart, 1 T. R. 26. Such assignments are for the most part inserted in other deeds; but where a policy is assigned by way of mortgage, and in some other cases, a separate deed is most convenient. 2. By the 14 G. 3, c. 48, any insurance made on the life or lives of any persons wherein the persons for whose use or on whose account the policy is effected, shall have no interest, is void. And it has been held under this statute, that a policy of insurance effected by a father on the life of his son is void, he having no pecuniary interest therein, Halford v. Kymer, 10 B. & C. 724. 3. Annual sums payable on any policy of insurance, are not subject to the law of apportionment, by 4 & 5 W. 4, c. 32, sect. 3. No. CLXXX. Assignment of a Policy of Insurance on a Ship by an Executor. Obs. The 6 G. 1, c. 18, which limited the privilege of granting policies of insurance upon ships and goods to the Royal Exchange and London Assurances, is so far repealed by 5 G. 4, c. 114, as to make it lawful for other corporate bodies to make such policies, see further, Dig. p. iii. tit. INSURANCE. No. CLXXX. To All &c. (assignor) of &c. executor of the last will and test of A. B. decd sendeth greeting Whas the sd A. B. by a certain Recital of writing or policy of insurance granted by the Insurance Co policy. bearing date the &c. and numbered under the hands and seals of directors of the sd compy insured the sum of £ upon the ship or vessel for her voyage from A. to L. as by the sd policy relation being thereto had will more fully appear And whas (assignee) of &c. hath agrd with the sd (assignor) for an absolute assnmt to him of the sd policy of insurance for the sum of £ Now these Prests witness That for and in conson of &c. He the sd (assignor) Hath bargained sold and assd and by &c. Doth bargain &c. unto the sd (assignee) All that the sd policy of insurance so effected by him the sd A. B. decd and all and every sum or sums of money recoverable or to be recd upon or by virtue of the sd policy and all bent and advantage thereof And all the right title int property claim and demand whatsr of him the sd (assignor) as exr as afd togr with full power and authty to ask &c. (see Assignment of a Debt) To Have hold rece Habendum. and take the sd policy of insurance and all sums of money recoverable thereon and all and singr or. the preses hby assd or intended so to be unto the sd (assignee) his exs &c. in as full ample and beneficial a manner as he the sd (assignor) might or could have done if these prests had not been made And the No act to insd (assignor for himself &c. doth hby covt &c. with &c. the sd (assignee) that he the sd (assignor) hath done no act matter or thing whby the sd policy of insurance can shall or may be charged or incumbered in any way whatsr In witness &c. see ante, No. XLVI. Assignment of Policy of Insurance to Trustees of a Settlement, see post, SETTLEMENTS. cumber. ASSIGNMENTS OF REVERSIONARY INTERESTS. 1. Reversionary Interests, when assign- | 2. Effect of Assignments by a Husband. able or otherwise. Reversionary interests, when assignable or otherwise. Effect of assgnment by a husband. SECT. 1. Reversionary or expectant interests are not assignable at law, Jones v. Roe, 3 T. R. 88; 1 Fonbl. 217. And courts of equity will set aside assignments by expectant heirs, on the ground of inadequacy of consideration, 9 Ves. 246; 16 Ves. 512; 1 Fonbl. ub. sup.; Fox v. Wright, 6 Madd. 111. 2. An assignment by a man of a contingent interest in right of his wife, will not bind the wife, either at law or in equity, if she survive him before he has reduced it into possession, Ld. Carteret v. Paschall, 3 P. Wms. 199. But in equity a distinction is made between a voluntary assignment and an assignment for a valuable consideration. The wife surviving is not bound by his voluntary assignment, but otherwise where it is made for a valuable consideration, Mitford v. Mitford, 9 Ves. 99. The general assignment in bankruptcy has not the effect of reducing into possession the equitable interest of the wife, whose right by survivorship has been established against the assig nees, Mitford v. Mitford, 9 Ves. 87. No. CLXXXI. No. CLXXXI. Assignment of Reversion. This Indre made &c. Betn (assignor) of &c. of the one pt and (assignee) of &c. of the or. pt Whas the sd (assignor) under and by virtue of an indre bearing date the &c. and made previous to the marre of I. D. decd and S. his wife her father and mother betn I. H. of &c. since decd and the sd S. his only daur of the first pt the sd I. D. then of &c. since decd of the second pt and (trustees) trustees named by and on behalf of the sd S. and both since decd of the third pt the sd S. became intitled to the reversionary int of and in the capital sum of £ Three per cent. Consolidated Bk Annties expectant upon the dece of her sd mother the sd S. D. And whas the sd capital sum &c. now stands in the names of (new trustees) for the uses of the sd settlmt And whas the sd (assignee) hath contracted with the sd (assig Reversion. Habendum. nor) for the absolute purchase of all her reversionary right title No. CLXXXI. and int of and in the capital sum of £ Three per cent. &c. expectant upon the dece of her mother the sd S. D. at or for the price or sum of £ Now this Indre witnesseth That for and in conson of the sd sum of £ in hand &c. to the sd (assignor) by the sd (assignee) well &c. pd at &c. she the sd (assignor) Hath bargained sold and assigned and by &c. Doth bargain &c. All that the remr or reversion of her the sd (assignor) expectant upon and to take effect immly upon and after the dece of the sd S. D. of and in all that capital sum of £ Three per cent. &c. now standing in the names of the sd (T.) as afd in the bks of the Gov and Compy of the Bk of Engld and all the int divs and proceeds thenceforth to grow due and paye thereon And all the right &c. To Have &c. the sd reversionary sum of £ and all or. the preses hby assd &c. unto the sd (assignee) his exs &c. to and for his and their own absolute use and bent And Power of attorney. for the better enabling the sd (assignee) his exs &c. to have and rece the reversionary right and int of and in the sd sum of £ she the sd (assignor) hath made constituted &c. the sd (assignee) his exs &c. her true and Iful atty and atties to ask demand have rece and take the transfer and assnment of the sd hby assd preses and evy pt and pel thof of and from the sd (T.) or the survor of them and the exs &c. of such survor or whom else it shall or may concern to transfer the same upon the dece of the sd S. D. as afd and on rect thof to make sign and give such rects acquittances rels and discharges in the law for the same as shall be requisite and necessary And in deft thof to commence and prosecute with effect all such actions and suits and or. proceedings at law or in equity for the recovery thof as the sd atty or atties shall be advised and generally to do and perform all and evy such furr and or. acts deeds matters and things in the preses as he or they shall think fit And the sd (assignor) for herself her exs &c. doth hby covt &c. with the sd (assignee) that she the sd (assignor) hath done no act &c. whby the sd preses or any pt thof are can may or shall be charged impeached or orwise incumbered And &c. (covenant for further assurance see No. CLIX.) In witness &c. see ante, No. XLVI. No. CLXXXII. Recitals. Contract for purchase, &c. No. CLXXXII. Assignment of a Share in a Company. Obs. As to assignments of shares in a company, see COPARTNERSHIP, Pref. sect. 7. day of This Indre made &c. see ante, No. LXXXV. Betn (assignor) of &c. of the first pt (assignee) of &c. of the second pt and (trustees) trustees acting for the compy established by indre or deed of settlement dated the of the third pt Whas sd (assignor) is possessed of or intitled to one share in the stocks or funds of the sd compy and hath contracted with the sd (assignee) for the sale to him of the sd one share for the price or sum of £ and the sd (assignor) hath given notice in writing at the office of the sd compy of his having procured the st (assignee) to become the purchaser thof And in such notice described the name and place of abode of the sd (assignee) who is willing to become a member of the sd compy And whas in pursuance of such notice the court of managers for the sd compy did proceed to take such notice into conson And did on the day of certify in writing that the sd managers had approved of the sd (assignee) as a fit psn to become a member of the sd compy Now this Indre witnesseth That in conson of &c. He the sd (assignor) Hath bargained &c. and by &c. Doth bargain &c. unto the sd (assignee) All that one share of him the sd (assignor) of and in the sd compy and the stocks and funds thof And all the right title int and property in and to the same and the divds and produce henceforth to arise and become paye upon or in respect thof To Have &c. unto the sd (assig nee) his exs &c. the sd one share &c. And the sd (assignor) doth hby for himself &c. covt &c. with the sd (assignee) his exs &c. that he the sd (assignor) hath made done &c. no act &c, whby or by reason whof the sd one share &c. is may can or shall be Assignee to ob- forfeited impeached or incumbered in any manner howsr And the sd (assignee) in conson of the preses doth hby for himself &c. covt &c. with the sd (T.) as trustees for the time being of the sd compy That he the sd (assignee) shall and will at all times hraftr so long as he shall continue a member of the sd compy perform fulfil and keep all the rules orders and regula Testatum. Habendum. No act to incumber. serve the rules of the company. |