Annuity. Covenant by annuity is subsisting. PURCHASES. vendor's trustee that he has not incumbered)(1). And the said (vendor), for himself, his heirs, executors, and administrators, doth hereby covenant and vendor that the declare with and to the said (purchaser), his executors, administrators, and assigns, that for and notwithstanding any act, deed, matter or thing by him the said (vendor), made, done, omitted, or knowingly suffered to the contrary, the said annuity, yearly rent charge, or annual sum of £ in and by the said hereinbefore in part recited indenture granted, and hereby assigned, or otherwise assured or intended so to be, and the several securities given for the same, and policy of assurance aforesaid, is and are now subsisting, and good and valid both at law and in equity. AND that for and notwithstanding any such act, deed, matter, or thing as aforesaid, he the said (vendor), at the time of the sealing and delivery of these presents, hath good right, full power, and lawful and absolute title and authority to bargain, sell, and assign the same annuity or yearly rent charge, and the several securities for the same, and policy of assurance, unto the said (purchaser), his executors, administrators, and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. AND further that he the said (vendor) shall not nor will at any time hereafter during the subsistence or continuance of the said annuity or yearly rent charge, without the con And that he hath right to assign. Will not prejudice. (1) See ante, p. 244. Annuity. surance. sent in writing of the said (purchaser), first had purchases. and obtained for that purpose, make, do, execute, or knowingly occasion or suffer any act, deed, matter, or thing whatsoever, whereby or by reason or means whereof the said annuity or yearly rentcharge, judgment, policy of assurance, letter of attorney, or other the remedies or securities for the same, or the said policy of assurance, or any money to grow due in respect thereof, can, shall, or may be released, discharged, vacated, or otherwise prejudicially affected in any manner howsoever, or the said (purchaser) his executors, administrators, or assigns, prevented, hindered, or delayed, in or from receiving, taking, or enjoying the same respectively, and the full benefit thereof, to and for his and their own use and benefit. And more- Further asover, that he the said (vendor), his executors and administrators, and all and every person or persons claiming, or to claim the said annuity, or yearly rent charge, or other the premises hereby assigned, or otherwise assured or intended so to be, from, under, or in trust, for him or them, shall and will from time to time, and at all times hereafter, upon every reasonable request, and at the costs and expense of the said (purchaser), his executors, administrators, or assigns, make, do, execute, and perfect, or cause to be made, done, executed, and perfected, all and every such further or other acts, deeds, matters, and things whatsoever, for the better, more perfectly and absolutely or satisfactorily assigning, assuring, and confirming the same respectively or any part thereof, unto Annuity. PURCHASES. the said (purchaser), his executors, administrators, and assigns, and in such manner and form as he or they, or his or their counsel in the law, shall reasonably advise and require (1). NESS, &c. IN WIT Moiety, &c. (1) If a part only of the annuity be sold, see 2 WILDe's Sup. No. CLXXXIX. p. 463, n. (19). No. XCVI. An Assignment of a Personal Annuity left by Will, or secured by Deed (1). PURCHASES. Personal the other part. WHEREAS, (2). AND WHEREAS Recitals. (1) Annuities granted by deed are generally charged upon or Personal made to issue out of land, in which case they are not properly annuity. annuities, though usually so called, but rent-charges, of which an assignment will be found ante, No. LXVI. p. 71. That of which a form is here given, is therefore supposed to be an annuity given by will, but is suited by means of variations subjoined, to the equally probable circumstances of its being granted by deed, or secured by money in the funds or other personal security. *Where brevity is particularly desired, those parts within Brevity. brackets may be omitted. (2) If the annuity be left or directed to be paid by will, re- Will or settlecite the will, death of testator, and probate of will; and if it ment. be created by marriage settlement, recite such settlement. If by grant, bond, &c. recite, "WHEREAS by a certain indenture bearing date the Annuity VOL. III. FF secured by grant, &c. PURCHASES. the said (purchaser) hath contracted with the said (vendor) for the absolute purchase (1) of the said annuity or annual sum of £ Personal WITNESS, that in consideration of the purchase money, [if any] thereof, for the sum of £ and all arrears Now THIS INDENTURE WITNESSETH, that for and in consideration of the sum of £ of lawful money of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid by the said (purchaser), at or immediately before the sealing and delivery of these presents, the receipt whereof, and that the same is in full for the absolute purchase of the said annuity or annual sum day of and made or expressed to be made, between, &c. (and duly enrolled in the High Court of Chancery according to the statute in that case provided) the said (grantor) for the considerations therein expressed, and by a certain bond, and warrant of attorney to confess judgment thereon, bearing even date respectively with the said indenture, and so enrolled as aforesaid, granted and secured unto the said (vendor), his executors, administrators, and assigns, an annuity or clear yearly sum of £ commence from the day of to and to be payable 3 per out of and charged upon a certain sum of £ on giving calendar months notice thereof, as in the said in denture is expressed.” (1) If the sale were by public auction, see ante, No. LXX. p. 132, n. (1). |