of assignment, &c. upon payannuity. ment of (grantee) shall be as good and sufficient dischas to the Grant of, sd tenants as if the same had been actually pd to him secured on the sd (grantor) his exs, &c. Provided always and it Leaseis hby decld and agrd by and betn the sd pties hereto holds. That if the sd (grantor) his exs ads or ass or any of them Proviso for shall and do well and truly pay or cause to be pd unto him avoidance the sd (grantee) his, &c. during the lives, &c. and the life of, &c. the sd annty or, &c. on the, &c. and also upon the death of the survor of them the sd (nominees) all arrears of the sd annty up to the day of the death of the sd survor, &c. that then the agrmt hby made and every article and thing hin contained shall from thenceforth cease determine and be utterly void and of no effect and that then also the sd bond of even date herewith shall be delivered up to be cancelled any thing herein contd to the contrary notwithstanding And the sd (grantor) for himself, &c. doth cort, &c in manner following, &c. That he shall, &c. (pay annty, &c. See Grant on Freeholds) And also shall and will pay the ground-rent of £ so reserved and paye for the sd messe, &c. and preses as afd as also all or. taxes and duties touching the same and shall save harmless and keep indemnified the sd (grantee) his exs, &c. of and from the same And furr Covenants. That the sd (grantor) his, &c. at his and their own proper costs and chas shall and will from time to time and at all times during the lives of, &c. and the life of, &c. insure and keep insured the sd hby assd preses, &c. And in case the ed preses shall happen to be destroyed by fire or orwise that then the sd (grantor) his exs ads or ass shall and will forthwith lay out all such mos insured or to be insured on the sd preses in the rebuilding and making good all the dams so happening as afd And furr That he the sd (grantor) (hath done no act to encumber, &c. See Assignment of Lease) And that it shall and may be lful to and for the sd (grantee) his exs, &c. during, &c. from and immly after any deft or breach in paymt of the sd annty, &c. contrary to the true meaning of the sd bond and these prests to enter upon the sd hby assd messe, &c. and to rece and take the rents issues and profits thof to his and their own use and bent until such time as he and they shall be fully pd all such arrears of the sd annty and all costs and chas touching the same in manner as afd and that witht any let, &c. (also for furr assurance, &c. See Assignment of Lease) In Witness, &c. Grant of an Annuity secured on Money in the Funds. Obs. By the 53 G. III. c. 141, s. 10, if the stock he actually transferred for the purpose of securing the annuity, but be standing Grant of, secured on Money in the Funds. Recital of will. in the names of trustees under a marriage settlement, or a will and the like, an enrolment of the memorial will not be required. This Indre made, &c. Betn (grantor) of, &c. of the one pt and (grantee) of, &c. of the or. pt Whas (a) A B by his last will and testament duly exted and attested bearing date, &c. did among or. things devise and bequeath unto (trustees) their exs ads and ass certain estes thin parlarly described Upon Trust That they the sd (trustees) shd as soon as convenient after his dece sell and dispose of the same for the best price that could be obtained and he did direct that the money to arise from the sale of such estes should be laid out and invested in some one or more of the public funds and that the annual int divds and produce shd from time to time accumulate until the sd (grantor) his grandson shd attain the age of 21 And then the sd (trustees) shd pay unto the sd (grantor) his grandson the whole int divds and income of the sd estes and all the increments accumulations and improvements thof during the natural life of the sd (grantor) to and for his Death of own use and bent And Whas the sd (testator) departed testator and this life on or about the day of in the year probate of 18 will. witht revoking or altering the sd bequest to him the sd (grantor) and the sd (trustees) duly proved his sd will in the Court, &c. And Whas the sd (grantor) attained his age of 21 yrs, on or about, &c. and thereupon became entitled to the int divds and produce of the sd annual sum of £ — (a) And whas [recite contract for purchase, see Grant on Freeholds] And Whas upon the treaty for the purchase of the sd annty or, &c. of £ — it was agreed that for the more effectually securing the paymt thof unto the sd (grantee) his exs ads or ass he the sd (grantor) shd grant and assign unto the sd (grantee) all the present and future int divds and produce of the sd sum of £ so given and devised to the sd (grantor) during the term of his natural life Now, &c. (see Grant of Annuity on Freeholds) And this Indenture further (a) If the estate be created by a settlement, then, instead of the above recitals, say, Whas in and by a certain indre bearing date, &c. and trade betn, &c. purporting to be a settlement made on the marre then intended and which aftwds took effect the sum of £3 per cent. Bk Annuities was transferred into the names of the sd (trustees) in the bks of the Govr and Compy of the Bk of Engid Upon Trust that they the sd (trustees) and the survors and survor of them and the exs, &c. of such survor shd pay and apply the int divds and proceeds thof as the same shd from time to time become due and paye from and after the sd marre unto the sd (grantor) and his ass during the term of his natural life or ørwise permit and empower him to rece the same to and for his and their bent And from and immly after his dece Upon Trust to pay and apply the same in the manner therein expssd.' Grant of, secured on Money in the Funds. Grant of interest and dividends, Witnesseth That in conson of the preses He the said (grantor) Hath granted bargained, &c. (see Assignments) and by these prests Doth, &c. unto the sd (grantee) and his ass All and every the ints divds and produce now accruing and arising and from time to time to accrue and arise during the natural life of the sd (grantor) To Have and to Hold rece perceive take and enjoy the sd int divds and profts and all advantage and bent therefrom unto the sd (grantee) his exs ads and ass Upon the trusts nevss and under and subject to the provos declons and agrts hnaftr expssd and decld of and concerning the same that is to say Upon Trust That upon trusts, he the sd (grantee) his exs ads and ass shall and do, by, with and out of the int divds and produce hby assd or intended so to be yrly and every yr during the life of the sd (grantor) pay the sd annty or clear yrly sum of to pay £ and a proportional pt thof as afd at or on the days annuity, or times and in the manner hnbefe appointed for paymnt of the same And in the next place shall and do pay and reimburse himself all costs chas and exps which the sd (grantee) his exs ads or ass shall sustain or be put unto by reason or means of the nonpayment of the same or any pt thof And lastly shall and do pay residue to the residue of the sd int divds and produce to the sd the grantor. (grantor) his exs ads or ass for his and their own use and bent And it is hby decld and agrd by and betn Power of the pties to these prests and the sd (grantor) in parti- attorney. cular doth hby authorize and empower the sd (grantee) his exs ads and ass from time to time during the continuance of this security to ask demand recover and rece of and from the sd (T) or the trustees for the time being the sd int divds and produce of the sd sum of and evy pt thof and upon rect thof or of any pt thof rects releases acquittances and dischas from time to time to make and give for the same either in the name or names of him the sd (grantee) his exs ads or ass or in the name of the sd (grantor) and upon the Honpaymt thof or of any pt thof in the name or names of, &c. to have take exercise commence carry on and prosecute all such powers remedies ways and means whatsr for recovering of the same as fully as he the sd (grantor) might or could personally do in that behalf`in case these prests had not been made he the sd (grantor) hby constituting and appointing the sd (grantee) his exs ads and ass his true and lful atty and atties for that purpose with power to substitute depute or appt under him or them or any or. psn or psns for the same ends and purps and also hoy confirming and ratifying and agreeing to confirm and ratify all that the sd atty and atties Covenant is entitled to the interest and dividends; Grant of, shall lfully do or cause to be done in and about the secured on preses And the sd (grantor) for himself, &c. covt, &c. a Benefice. that is to say That he the sd (grantor) now at the time of making and sealing these prests is in the rect and that grantor enjoymt of and well entitled to the sd int divds and produce and that he hath not at any time or times heretofore made done or committed any act deed grant assignment matter or thing whatsr whereby or wherewith the sd divds and produce hby assd or intended so to be is, are, can, shall or may be in anywise chagd incumbered or orwise prejudicially affected And that he the sd (grantor) shall and will, &c. (appear at an insurance office See Grant on Freeholds] Provided always and it is hby decld and agrd by and betn the pties to these prests and parlarly the sd (grantee) for himself, &c. [proviso for repurchase See Grant on Freeholds] In Witness, &c. to appear Recitals of seisin; &c. Grant of an Annuity secured on a Benefice. Obs. By the 13 El. c. 20, repealed by the 43 G. III. c. 8, but revived by the 57 G. III. c. 99, all chargings of benefices with a cure, with any pension, or with any profit out of the same to be yielded or taken, other than rents to be reserved upon leases, are made void; and it has since been held, that a demise for securing an annuity is void under this statute; Shaw v. Pritchard, 10 B. & C. 241 but the covenants in the annuity deed may be good although the rest is void, and payment of the arrears under these covenants may be enforced by a warrant of attorney. 2 B. & Ad. 734. This Indre, &c. Whas the sd (grantor) is rector or vicar of the parish church of, &c. in the co. of within the diocese of and in right thof was seised of or orwise entitled to the glebe lands togr with all and singr the tithes or tenths rents offerings and oblations and or. appts to the same rectory or parsonage of contract, belonging or appertaining And whas [recital of contract bond and warrant of attorney See Grant on Freeholds] Testatum. Now, &c. in conson, &c. he the sd (grantor) Hath granted, &c. one annty or clear yrly sum of £— charged and chargeable upon, &c. All that the sd rectory and parish church of And also upon all the messes or tents glebe lds tithes tenths oblations obventions offerings portions prfts emoluments rights members and appts whatsr thereunto belonging To Habendum. Have Hold take, &c. And this Indenture furr Witnesseth That, &c. for the more effectually securing and enforcing payment of the sd annties and in conson of the preses and also of 5s. &c. (demise to trustee of the rectory glebe lands tithes, &c. for the term of 99 yrs if the sd (grantor) shd so long live) And ment. it is hby decld, &c. (power of attorney to trustee to Assignreceive and recover the rents issues and profits of the sd rectory, &c.) And the sd (grantor) for, &c. (covt to pay annty that he has good right to charge the sd rectory, &c. for quiet enjoyment, &c. also a clause for repurchase See Grant of an Annuity secured on Freeholds.) In Witness, &c. Assignment of an Annuity. (General Precedent.) Obs. 1. It was formerly doubted whether an annuity was assignable though assigns were named in the grant, (Perk. s. 101) it being considered a mere personal contract, and consequently a chose in action, 2 Vin. Abr. 515; but this objection was afterwards overruled. Hetl. 80. It seems, too, that naming the assigns is not essential to the making an annuity assignable. 7 Co. 28, b. Harg. Co. Litt. 144, b. An annuity, however, being in the nature of a chose in action, a power of attorney is usually given to suc in the name of the assignor for recovery of the arrears. Annuity assignable, 2. The memorial of an annuity being once enrolled, need not on Memorial assignment to be enrolled again. Dixon v. Birch, 2 H. Bl. 307. 3. Requires an ad valorem stamp on the consideration money. Stamp. This Indre, &c. (see Assignments) Betn (assignor) of, &c. of the first part (trustee of term) of, &c. of the second part (assignee) of, &c. of the third part and (new trustee of term) of, &c. of the fourth part Whas Recital of by an indre bearing date, &c. and made betn (grantor) grant of thin described of the first pt (trustee of the term) also annuity. thin described of the second pt and sd (assignor) of the third pt for the consons thin mentd the sd (grantor) did give grant and confirm unto the sd (assignor) one annuity or clear yrly sum of £- free from all deductions whatsr to be chagd and chagble upon and issuing out of all those the messes lds tents and heredts, &c. To Hold the sd annty and every part thof unto the sd (assignor) his exs ads and ass thenceforth for and during the natural life of the sd (grantor) and a proportional part thof to be pd on or at the days and times and in the manner in the now reciting indre mentd for paymt of the same with the usual powers of distress and entry for recovering and enforcing paymt thof And by the now reciting indre the sd (grantor) on the nomination and by the direction and apptmt of the sd (assignor) did grant unto the sd (old trustee) his exs ads and ass All those, &c. hnbefe described and by the now reciting indre chagd with the sd annty of £— and evy pt thof with the apts To Hold the same unto the sd (T) his exs ads and ass from the day next before the day of the date of the now reciting indre for and during and unto the full end and term of yrs thence next ensuing and fully to be complete and ended if the sd |