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alike, as tenants in common, and not as joint- ASSIGNtenants, in as full and ample a manner in all respects as the said (assignor) could, would, or Of a Share in a might have been entitled to the same, if these presents had never been executed ; together with full power and authority to ask, demand, sue for, recover, and receive the same, of and from the trustee or trustees of the said term of
years for the time being, or the person or personsentitled to the lands charged therewith, or other th person or persons whom it may concern, to pay the same sum, and to take and pursue all and every the requisite and proper means and remedies for enforcing and compelling the raising and paying thereof. And the said (assignor) doth hereby request, direct, authorize, and require the trustee or trustees of the said term of
years for the time being, or the person or persons entitled to the hereditaments so charged with the said portions, and all other the persons whom it may concern, to pay the said share and shares, or portion and portions so hereby assigned by her to her said four younger sisters, or expressed and intended 80 to be, unto her said sisters, their executors and administrators equally, with all interest now accrued or henceforth to accrue or become due in respect thereof; and doth hereby agree and declare that the receipts of the said sisters, their executors or administrators respectively, for the said respective hereby assigned shares thereof, shall be full and effectual discharges to the person and persons so paying the same. IN WITNESS, &c.
No. XXI. Of an Annuity.
Assignment of an Annuity given by the Will of a
Gentleman to his Son, who sold it to three Sisters conditionally, who concurred in disposing of it absolutely to a Gentleman from whom the present Assignment is made.
This INDENTURE, made, &c. BETWEEN (assig.
nor) of the one part, and (assignee) of the other Recital of the part. WHEREAS deceased, in and by his ing an annuity last will and testament in writing duly executed,
bearing date on or about the
, did amongst other things declare that as to, for, and concerning his capital messuage, situate, standing, and being in in the county of with the farms, lands, tenements, and hereditaments that he was seized, possessed of, or any ways entitled unto for any estate of inheritance, freehold or copyhold, (which said copyhold premises he had surrendered to the use of his will) in possession, reversion, remainder, or expectancy, with their and every
of their appurtenances situate, lying, and being at
, or elsewhere in the said county of
or elsewhere in the kingdom of Great Britain, (other than such as were thereinbefore devised to (trustees and executor's named in the said will) to be sold as therein mentioned,) bis will was, that the same should be subject and liable to and stand charged and chargeable with the payment of such debts as at the time of his decease might be due and owing from him, as also of the legacies and annuities given and bequeathed by his said will, and the annuities and
legacies given by any codicil or codicils he might ASSIGNmake thereto in aid of such money as should arise by sale of such part of his real estate as is there- of an Annuity. inbefore directed to be sold, and of such personal estate as he should be possessed of at the time of bis decease, and that was not otherwise particularly disposed of by his said will, and any codicil he might make; and subject thereto, he did thereby give, devise, and bequeath all those his said manors, messuages, farms, lands, tenements, and hereditaments, both freehold and copy hold, at
, or elsewhere, in the county of or elsewhere in the kingdom of Great Britain, (other than and except such as he had thereinbefore directed to be sold) to the uses and to and for the intents and purposes and in the manner therein expressed. And the said testator did thereby give and bequeath unto (his son) one annuity or yearly sum of of lawful
of the united kingdom of Great Britain and Ireland, of English value and currency, for and during the term of his natural life, and he did thereby will and direct that the said annuity should be paid free from all deductions whatsoever, by four equal quarterly payments, that is to say, the day of the
the day of
day of in
every year, and the first payment thereof to begin and be made on such of the said days appointed for payment thereof as should first and next happen after his decease; and he did charge all his real estates in
other than what he had thereinbefore directed to be sold with the payment of the said annuity, and of other annuities thereby given and bequeathed to other persons in
Death of tes. tator.
manner therein mentioned ; and the said testator
did thereby nominate, constitute, and appoint the of an Annnily, said (trustees) executors of his said will.
AND WHEREAS the said testator de parted this life without revoking or altering his said will, and the said (executors) soon after his decease duly
proved the same will in the Prerogative Court of Recital of as the Archbishop of Canterbury. AND WHEREAS annuity, sub. by an indenture bearing date on or about the ject to re purchase as
now last past, and made or ex. pressed to be made between the said (anruitant) of the one part, (three purchasers of the annuity) of the other part, AFTER RECITING the said in part recited will, and reciting amongst other things that the said (annuitant) having occasion for money, had applied to the said (purchasers) who had agreed with him for the absolute purchase of the said annuity or clear yearly sum of
for and during the natural life of him the said (annui. tant) at or for the price or sum of ALSO RECITING that for the further and better securing the payment of the said annuity or clear yearly sum of , to the said (purchasers) their executors, administrators, and assigns, during the natural life of him the said (annuitant), the said (annuitant) bad, by his certain bond or obligation in writing bearing even date therewith, became bound unto the said (purchasers) their executors, administrators, and assigns, in the penal sum of with a condition thereunder written for making the same void on payment to the said (purchasers) their executors, administrators, or assigns, of the said annuity or clear yearly sum of
, during the natural life of the said (annuitant) at the times and in the manner in the said condition and
thereinafter expressed. And that as a further security for the payment of the said annuity or clear yearly sum of he the said (annuitant) San Annuity. bad also, by a certain warrant of attorney bearing even date with the said bond and the indenture now in recital, authorized certain attorpies of his Majesty's court of King's Bench, at Westminster, to confess judgment against him in the said court, in an action of debt upon the said bond for the said sum of
and costs of suit as therein is recited, and which said judgment was after . wards confessed and entered up accordingly. It IS WITNESSED, that in consideration of the sum of
to the said (annuitant) in hand paid by the said (purchasers) He the said (annuitant) did grant, bargain, sell, assign, transfer, and set over unto the said (purchasers) their executors, administrators, and assigns, All That bis aforesaid annuity or clear yearly sum of andum, so by the said in part recited will given and bequeathed to him for and during the term of his natural life as the same should become due and payable from the said, &c. the trustees and executors named and appointed for the payment of the same by the aforesaid will of the said testator, To HOLD, receive, perceive, take, and enjoy the same unto the said (purchasers) their executors, administrators, and assigns, as the same should from time to time become due, for aid during the natural life of the said (annuitant) by four equal quarterly payments, at or on the days or times and in the manner therein and bereinbefore expressed. AND WHEREAS by a Recital of certain memorandum indorsed upon the said re- dorsed for
. cited indenture, and bearing even date with the redemption.