IX. Grant,
Demise of

Freeholds, to Surrender Copyholds,

and Covenant

Trusts for
Sale, &c.

under the

ence to those

freeholds.

by and under the rents, suits, and services therefor due and of right accustomed to be paid and performed. AND the said [trustee], and his heirs, when admitted tenant or tenants of the said copyhold messuage, lands, and hereditaments, shall hold the same, Upon, under, and subject to the same, or the like trusts, provisions, declarations, and agreements, as are hereinbefore declared or contained of and concerning the rents, &c. said term of 1,000 years, or as near thereto as the nature Upon trusts, of the estate of the said [trustee] will admit But the &c. by refersaid [grantor] hereby declares, that as between his real and declared of personal representatives, his personal estate shall be the pri- Declaration mary fund, the rents of the said freehold lands and heredita- by grantor, that his perments the secondary fund, and the rents of the said copyhold messuage, lands, and hereditaments the third or ultimate shall be the primary fund, fund, for securing and satisfying the said annuity or rent- the rents of charge; AND THE SAID [grantor] hereby covenants with the the freeholds said [grantee] to pay unto the said [grantee] the said annuity fund, and the of £ [and also such proportional part thereof as afore- rents of the copyholds the said] free and clear of and from all taxes, charges, rates and ultimate fund for satisfying other deductions whatsoever, at the days and times, and in annuity. manner and form herein before appointed for the payment Covenant for thereof. IN WITNESS, &c.

THE SCHEDULE ABOVE REFErred to.

the secondary

paying annuity for grantee's life.

X. RELEASE of an ANNUITY on a REPURCHASE, and
ASSIGNMENT of the TERM to MERGE; where the
Repurchase-money is paid at the Time, or has been
previously paid. (By supplemental deed).

THIS INDENTURE, made &c., BETWEEN [grantee], of Parties. &c. (d), of the first part, [trustees], of &c., of the second part,

of annuities of

(d) If a married woman be entitled (otherwise than to her As to release separate use) to an annuity, by way of rent-charge, granted out or conveyance of a freehold interest, either in fee or in tail, or for her own life, married woor for the life of another person, she should be a party to the men. release with her husband, the deed of course being duly acknowledged. But if the rent-charge be a chattel interest, as for years

and Recon

&c.

Recital of con

tract for repurchase.

of £

X. Release and [grantor], of &c., of the third part (e); and supplemental veyance on to an indenture dated, &c., and expressed to be made beRepurchase, tween [parties] for securing to the said [grantee] an annuity by a charge thereof upon the messuages, lands and hereditaments particularly described in the said indenture, and by a demise of the same premises to the said [trustees] for a term of ninety-nine years as therein is mentioned: AND WHEREAS (f) the said [grantor] has contracted with the said [grantee] for the repurchase of the said anRecital that nuity, £- at or for the price of £AND WHEREAS all arrears of the said annuity of £- - have been paid and discharged by the said [grantor], up to and including the day of the date of these presents, as the First testatum. said [grantee] hereby admits and acknowledges. NOW THIS INDENTURE WITNESSETH, that in pursuance of the said contract, and in consideration of the sum of £

all arrears have been paid.

determinable on a life, or lives, the husband alone may convey or release it, as he might release his wife's annuity granted for a life or lives, out of a chattel real, whether limited to her heirs, or to her executors. Vide Butt's case, 7 Co. 25, a. So, if a personal annuity for life or lives be limited to a married woman, her executors, &c. Aliter, if it were limited to her and her heirs.

(e) The bond should be cancelled and delivered to the grantor, and the grantee should execute a warrant of attorney to acknowledge satisfaction on the judgment, and sign a satisfaction to be entered in the Office (vide ante, p. 269).

(f) If the annuity has been previously repurchased without taking a release, &c. at the time, say,

day of

"AND WHEREAS the said [grantor], by virtue of the power contained in the principal indenture, repurchased the said annuity on the last past, and then paid unto the said [grantee] all arrears thereof, and also the sum of [consideration-money], in full for the absolute repurchase of the same; as [grantee] hereby acknowledges; And thereupon the said indenture was delivered up to the said [grantor]; but no actual release or surrender of the said annuity, or of the hereditaments and premises comprised in the said term of ninety-nine years, has been made or executed by the said [grantee] and [trustees] respectively. NOW THIS INDENTURE WITNESSETH, that, for the considerations aforesaid, he the said [grantee] hereby grants," &c.

X. Release

and Reconveyance on

Repurchase,

&c.

lease of an

life.

to the said [grantee] paid by the said [grantor], upon the execution of these presents (the receipt whereof the said [grantee] hereby acknowledges); He the said [grantee] (h) hereby releases unto the said [grantor], his heirs, executors, administrators and assigns, ALL THAT the said annuity of Grant and re£- -, so granted and secured to the said [grantee], his nuity to granexecutors, administrators, and assigns, for and during the tor tenant for life of the said [grantor], in and by the said indenture as aforesaid: And all arrears and future payments thereof, with all All arrears powers of distress and entry, and all other remedies what- and powers. soever for recovering the same: To the intent that the same To the intent annuity may be merged and extinguished in or consolidated nuity may with the freehold of the said hereditaments and premises: merge. AND THE SAID [grantee] hereby covenants with the said Covenant by [grantor], that he the said [grantee] has not done, or know- grantee of an

that the an

nuity that he has not incumbered.

(h) There is another mode of releasing an annuity, besides Other modes that here pursued, viz., to release the land, and the grantor in are sometimes respect of it, from the payment of the annuity. But this mode adopted. is sometimes objected to, as it may extend to release other interests, which the annuitant may possibly have in the property. The above form is free from this objection.

The other form above referred to:

lands and

"He the said [grantee] hereby releases ALL and singular Release of the the messuages, lands, and hereditaments comprised in the grantor from said principal indenture, and thereby charged with the pay- payment of annuity. ment of the said annuity of £- free and discharged from the same annuity, and from all arrears and payments in respect thereof, and from all powers and remedies for the recovery of the same; and also releases the said [grantor], his heirs, executors, and administrators, and every of them, from the covenant in the same indenture contained and entered into by the said [grantor] for payment of the said annuity, and from all other securities for the same, and from all actions, accounts, claims, and demands whatsoever, for or in respect of the said annuity, or the arrears thereof, or of any part thereof respectively, or of any matter or thing whatsoever relating thereto. AND THE SAID," &c. [covenant by grantee that he has not incumbered].

No statutory covenant is implied in a conveyance by a grantee of an annuity that he has not incumbered.

and Recon

veyance on

&c.

Second testatum.

X. Release ingly permitted or been party or privy to any act, deed, matter, or thing whatsoever whereby the said annuity or any part Repurchase, thereof is, or may be impeached, charged, or incumbered, or in any way affected; or whereby he the said [grantee] cannot or ought not to grant and release the said annuity unto the said [grantor] in manner aforesaid. AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations aforesaid the said [trustees], at the request and by the Surrender of direction of the said [grantee], testified by his execution of these presents, do, and each of them doth hereby as trustees, convey (k), surrender, and release, unto the said [grantor], ALL THOSE the messuages, lands, hereditaments and premises comprised in the said term of ninety-nine years, with the All the estate, appurtenances: To the intent that the said term of ninetynine years may be merged in or consolidated with the reversion or freehold of the same hereditaments and premises therein comprised.

term by one trustee, or by two or more. Parcels.

&c.

REASSIGNMENT

IN WITNESS, &c.

(2) If the premises be leasehold, and were assigned to the OF LEASEHOLD. trustees for the whole term, say,

leaseholds for

term, freed from annuity.

Habendum of "unto the said [grantor], ALL THOSE, &c., TO HOLD the same remainder of premises, with their appurtenances, unto the said [grantor], henceforth, for and during all the residue and remainder now to come and unexpired of the said term of years; Freed and absolutely discharged of and from the trusts and purposes declared thereof in and by the said indenture of the day of; and of and from all claims and demands in respect thereof."

RECONVEYANCE

OFFICE.

Habendum of

freeholds,

freed from

annuity.

If the fee is in the trustees, they should reconvey to the grantor, at the request, &c., of the grantee; Habendum,

TO THE USE of the said [grantor], his heirs and assigns; Freed and absolutely discharged," &c.

XI. ASSIGNMENT, by Indorsement, of an ANNUITY,
secured by the COVENANT and BOND of the Grantor;

subject to Repurchase.

THIS INDENTURE, made the

day of

&c., BETWEEN the within-named [grantee], of the one part, Parties. and [purchaser], of &c., of the other part (?). WHEREAS the Recital of consaid [purchaser] has agreed with the said [grantee] for the purchase of the within-mentioned annuity or yearly sum of

tract for purchase.

AND WHEREAS a judg- Recital of entering up entered up judgment.

day of

of annuity,

on the within-mentioned warrant of attorney in the Queen's Bench Division of her Majesty's High Court of Justice. NOW THIS INDENTURE WITNESSETH, that in Testatum. pursuance of the said agreement, and in consideration of the sum of £ — paid by the said [purchaser] to the said [grantee], the receipt whereof the said [grantee] hereby acknowledges, the said [grantee] hereby, as beneficial owner, assigns, and conveys unto the said [purchaser], THE withinmentioned annuity or yearly sum of £- ; AND all Assignment powers and remedies for recovering and enforcing the pay- and all ment thereof; AND also the judgment so entered up as powers, &c., aforesaid upon the within-mentioned warrant of attorney; and judgand all benefit and advantage of the said judgment; And all sums of money to be secured or obtained by virtue &c. thereof; TO HOLD and enjoy the said annuity or yearly Habendum of sum of £unto the said [purchaser], from the day of now last past, for and during the life of the within-mentioned [grantor or nominee]; But subject to Subject to resuch power of re-purchase as is given or reserved to the purchase. said [grantor] by the within-written indenture: AND TO Habendum of hold the judgment so entered up upon the said warrant of judgment. attorney, and all benefit and advantage thereof, unto the said

ment,

and all sums,

annuity.

(1) It is well, where practicable, to make the original grantor Grantor a party to the assignment of an annuity; otherwise it should be should be a ascertained that there has been no previous assignment, and that party to assignment, or the amount of the annuity has not been reduced by a repurchase have notice of of a part. This information may be generally obtained by ap- it. plication to the grantor. If the grantor be not a party to the assignment, he should have an immediate notice of it, which should be in writing: this would prevent his pleading want of notice as an excuse for payment of the annuity to the assignor or a subsequent assignee.