MENT. 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 his 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 copyhold, at or elsewhere, in the county of or elsewhere in the kingdom of Great Britain, day of the day of and the day of the in every year, and the first payment thereof to ASSIGN Death of tes tator. Recital of as signment of annuity, sub manner therein mentioned; and the said testator did thereby nominate, constitute, and appoint the Of an Annuity said (trustees) executors of his said will. AND WHEREAS the said testator departed 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 the Archbishop of Canterbury. AND WHEREAS by an indenture bearing date on or about the day of now last past, and made or expressed to be made between the said (annuitant) 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 ject to re purchase as after men tioned. for and during the natural life of him the said (annuitant) at or for the price or sum of AND ALSO RECITING that for the further and better thereinafter expressed. AND that as a further security for the payment of the said annuity or clear yearly sum of ASSIGN- he the said (annuitant) of an Annuity. had also, by a certain warrant of attorney bearing even date with the said bond and the indenture now in recital, authorized certain attornies 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. Ir 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 his aforesaid annuity or clear yearly sum of › per annum, 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 and 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. agreement in. 1 ASSIGN MENT. same, it was agreed by and between the said (purchasers) and the said (annuitant), that he Of an Annuity, the said (annuitant) should be at liberty to redeem the said annuity upon giving three months notice of such his intention, and upon payment of the said sum of Recital of deed, said annuity. AND whereby after reciting that such notice for redemption had been given, for absolute bearing date on or and all arrears of the WHEREAS by an indenture about the day of now last past, and made or expressed to be made between the said (annuitant) of the one part, and the said (second purchaser and assignor on this occasion) of the other part, reciting as is in part hereinbefore recited, and reciting that snch notice as mentioned in the said last recited memorandum indorsed upon the said recited indenture, had accordingly been given by the said (annuitant) to the said (purchasers) by means whereof the said annuity would, upon payment of the said sum of and all arrears thereof, become again the absolute property of the said and of contract (annuitant) or his assigns, and reciting that the sale to a person said (annuitant) had applied to the said (assignor) deen the an- and proposed absolutely to sell unto him the aforenuity and pay said annuity or clear yearly sum of who was to re annuitant a further sum. , so given and granted to him by the will of the said (tes tator) for and during the term of his natural life, at and for the price and sum of و which the said (assignor) had agreed to, but the said (annuitant) finding it difficult to raise the said sum of it had been agreed and determined that the said (assignor) should advance and pay the same to the said (purchasers), and pay the remaining sum of to the said (anOf a collateral nuitant). AND also reciting that for the further and better securing the payment of the aforesaid bond, annuity or clear yearly sum of to the said ASSIGN MENT. (assignor) his executors, administrators, or assigns, during the natural life of him the said (an- Of an Annuity. nuitant), he the said (annuitant) had, by his certain bond or obligation bearing even date therewith, become bound unto the said (assignor) his executors, administrators, and assigns, in the penal sum of with a condition thereunder written for making the same void on payment to the said (assignor) his executors, administrators, and assigns of the said annuity or clear yearly at the times and in the manner in sum of attorney. the said condition thereinafter expressed AND and warrant of as a further security for the payment of the said annuity or clear yearly sum of , IT IS The annuitant WIT- assigns to the present assignor absolutely. he the said (annuitant) had also, by a certain warrant of attorney bearing even date with the said bond and the indenture now in recital, authorized certain attornies of his Majesty's said Court of King's Bench, 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. BY THE SAID INDENTURE NOW IN RECITAL NESSED, that in consideration of the sum of to the said (annuitant) paid by the said (assignor), and also of the further sum of to be paid by the said (assignor) to the said (purchasers) according to the notice given to them by the said (annuitant) as aforesaid, HE the said (annuitant) DID grant, bargain, sell, assign, transfer, and set over unto the said (assignor) his executors, administrators, and assigns, absolutely, ALL THAT the aforesaid annuity or clear yearly sum of so given and bequeathed to him for and during the term of his natural life, as the same should become due and payable to him |