RELEASE.

Of an Annuity, &c.

Parties.

of former annuity.

RELEASE.

No. XXXIII.

Release of an Annuity, and a Grant or Substitution of another Annuity in its place.

THIS INDENTURE, made, &c. BETWEEN (grantor of annuities, and relessee on this occasion) of the first part; (a trustee of a term for securing present annuity) of the second part; (a trustee of an old term) of the third part; and (grantees of annuities, and relessors on this occasion) of the Recites grant fourth part. WHEREAS, by indentures of lease and release, bearing date respectively the and days of and made or expressed to be made between the said (grantor of annuity) of the first part; (trustees for securing it) of the second part; the said (trustee of old term) of the third part; and the said (grantees of the annuity) of the fourth part, RECITING, that the said (grantees) had contracted and agreed with the said (grantor) for the purchase of an annuity or yearly rent charge of

during the lives of (cestui que vives) and the life
of the survivor of them, at or for the price or sum
of
subject nevertheless to a power for
re-purchasing the said annuity on payment of
IT IS WITNESSED, that in considera-
tion of the said sum of
to the said (gran-
tor) by the said (grantee) in hand paid at or
before the sealing and delivery thereof, the re-
ceipt whereof is thereby acknowledged, He the
said (grantor) DID grant, bargain, sell, and
confirm unto the said (grantees) their executors,

Of an Annuity,

&c.

administrators and assigns, for and during the RELEASE. joint lives of the said (cestui que vives) and the life of the survivor of them, ONE ANNUITY or clear yearly rent charge of charged and chargeable upon, and to be yearly issuing and payable out of all that the manor or reputed main the parish of in the

nor of county of

and all and singular other the messuages or tenements, lands and hereditaments therein and hereinafter particularly mentioned and described, with their rights, members, and appurtenances; TO HOLD the said annuity or yearly sum of thereby granted unto the said (grantees) their executors, administrators and assigns, for and during the joint lives of the said (cestui que vives) and the life of the survivor of them, payable quarterly as therein mentioned. AND the said (grantor) did thereby grant unto the said (grantees) the usual powers of distress and entry, and perception of the rents and profits for recovering and receiving the arrears of the said annuity or rent charge, in case the same should be behind and unpaid after any of the days therein appointed for payment thereof. AND IT IS THEREBY FURTHER WITNESSED, that for the consideration aforesaid, and other the considerations therein mentioned, he the said (grantor) DID grant, bargain, sell, alien, release, and confirm unto the said (trustees) and their heirs, ALL that and those the said manor and reputed manor, and freehold messuages, lands, tenements, hereditaments and premises therein and hereinafter particularly mentioned and described, and thereupon charged with the payment of the said annuity or yearly rent charge

RELEASE. of

Of an Annuity, &c.

aforesaid, with their and every of their appurtenances, To HOLD the said manor, hereditameuts and premises, unto the said (trustees) upon the trusts thereinafter mentioned and expressed, of and concerning the same. AND AFTER RECITING that the said (grantor) had, on the day of the date of the said indenture, surrendered all those the customary or copyhold tenements and premises thereinbefore particularly mentioned and described, with the appurtenances, unto the use of the said (trustees) their heirs and assigns, subject to a condition, to be void on payment by the said (grantor) his heirs, executors, and administrators unto the said (grantees) their executors, administrators and assigns, of the said annuity of at the day and time therein mentioned. IT IS THEREBY FURTHER WITNESSED, that, for the better securing the payment of the said annuity thereby granted, it was thereby agreed between the said parties thereto, that the said (trustees) their heirs and assigns, should from thenceforth stand seised of the said freehold and copyhold manor, messuages, lands, tenements, hereditaments and premises thereinbefore and hereinafter particularly mentioned and described, and by the said surrender respectively conveyed and surrendered unto and to the use of the said (trustees) as aforesaid, (subject to the payment of the said annuity, and the remedies therein provided for the recovery thereof), UPON TRUST to permit and suffer the said (grantor) his heirs and assigns, to receive and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, until default should be made in payment of the said annuity or any

part thereof, at the days and times therein ap-
pointed for payment thereof. And in case the
said annuity should at any time be in arrear for
the space of one year, or if the sum of

should at any time be due and owing on account
of such arrears, then and in such case, and when
the same should so happen, UPON TRUST that
they the said (trustees) or the survivor of them
or his heirs, should as soon after as conveniently
might be, by the direction of the said (grantees)
their executors, administrators, and assigns (sig-
nified in writing under their hands and seals, and
without the interposition and assent of the said
(grantor) his heirs or assigns) by public auction,
upon reasonable notice to be given for that pur-
pose, make sale, and absolutely dispose of the
said freehold and copyhold manor and heredita-
ments thereinbefore and hereinafter mentioned,
and thereby surrendered and assured unto and to
the use of the said (trustees) their heirs and as-
signs, or of any part thereof, for the best price
or prices that could be got or obtained for the
AND after paying the said (trustees) all
costs, charges, damages, and expences, which
they should be put to in the execution of the
trusts reposed in them, then they the said (trus-
tees) and the survivor of them, his heirs, execu-
tors, and administrators, should thereout pay to
the said (grantees) their executors, administra
tors and assigns, all such arrears of the said an-
nuity of
as should then remain due and
unpaid. And after the several deductions and
payments aforesaid, then that they the said (trus-
tees) or the survivor of them, his heirs, executors,
or administrators should, as soon as conveniently

same.

RELEASE.

Of an Annuity, &c.

&c.

RELEASE might be, lay out and invest the residue of the Of an Annuity, money to arise from such sale or sales, in the purchase of stock in some of the public stocks or funds in Great Britain, or other securities in England at interest, in their or his names or name, and should stand and be possessed of and interested in the said stocks, funds and securities so to be purchased; UPON TRUST by and out of the interest, dividends, and produce of the said stocks, funds, and securities, to pay to the said (grantees) their executors, administrators and assigns, or otherwise should authorise and empower them to receive, for and during the lives of the said (grantees) as aforesaid, and the life of the survivor of them, the said annuity or yearly sum of in the manner herein mentioned, and such proportionable part, to the day of the decease of the survivor of them the said (cestui que vives) as aforesaid, and should, during the joint lives of the said (cestui que vives) and the survivor of them, pay and apply the residue of the interest and dividends unto the said (grantor) his executors, administrators and assigns; and from and after the decease of them the said (cestui que vives) and payment of all arrears of the said annuity or annual sum of and such proportionable part thereof as aforesaid, UPON TRUST to transfer and assign the said stocks, funds and securities unto the said (grantor) his executors, administrators and assigns, to and for his and their own use and benefit. AND in the said indenture now in recital is contained a proviso or power enabling the said (grantor) his heirs, executors and administrators, to re-purchase the said annuity or rent charge of thereby granted, on giving unto the said

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