on the

day of

GRANTEE SECURED ON FREEHOLDS

TOR.

grantor to

assigns, shall (nevertheless and without prejudice to the trusts FOR LIFE OF hereinbefore declared concerning the same) stand and be possessed of, and interested in the said hereditaments and premises, so demised as aforesaid, with their appurtenances, in trust for OF GRANthe said A. B., his executors, administrators and assigns, to and for his and their own absolute use and benefit, and that (subject and without prejudice to the trusts hereinbefore declared concerning the same), the rents, issues and profits of the same hereditaments and premises shall from time to time be paid to or received by the said A. B., his executors, administrators and assigns absolutely: AND THE SAID A. B. doth hereby for him. Covenants by self, his heirs, executors and administrators, covenant with the pay annuity. said C. D., his executors, administrators and assigns, that he the said A. B., his heirs, executors or administrators, do and shall well and truly pay, or cause to be paid, to the said C. D. and his assigns, during his own life, one annuity or yearly sum of £ of lawful British money, by equal half-yearly portions, day of and the in every year, without any deduction or abatement whatsoever, the first half-yearly portion of the said annuity to be paid on the day of and do and shall, if the said C. D. shall depart this life before the first of the said half-yearly portions shall become due, or between the respective times fixed for the payment of any of the said half-yearly portions, well and truly pay or cause to be paid to the executors, administrators or assigns of the said C. D. on demand, a proportional part of the said annuity or yearly sum of £for the time which shall have elapsed from the day of the date of these presents, or the then last half-yearly day of payment for the time being (as the case may be), up to and inclusive of the day of the decease of the said C. D. AND THE SAID A. B. doth hereby for himself, his Covenant by heirs, executors and administrators, covenant with the said C. D., his executors, administrators and assigns, and also with the said E. F. and G. H., their executors, administrators and assigns, THAT the said A. B. hath in himself absolute power to for right to grant the said annuity or yearly sum of £— and the said powers nuity, and remedies for compelling payment thereof in manner aforesaid, and to charge the same upon the said hereditaments and premises

grantor,

grant an

as aforesaid, and to demise the same hereditaments and and to charge

FON LIFE OF premises unto the said E. F. and G. H., their executors, adminisGRANTEE trators and assigns, for the said term of

SECURED ON

FREEHOLDS

TOR.

years, determinable as aforesaid, upon the trusts aforesaid, and according to OF GRAN the true intent and meaning of these presents: AND THAT free and clear, and freely and clearly acquitted, exonerated, and for ever discharged, or by the said A. B., his heirs, executors or ments, administrators, well and sufficiently saved, defended, kept cumbrances, harmless and indemnified, of, from, and against all charges and and for fur- incumbrances whatsoever: AND FURTHER THAT he the said

and demise heredita

free from in

ther assur

ance.

A. B., and all and every other persons and person whomsoever,
having or claiming, or who shall or may hereafter have or claim,
any estate, right, title or interest at law or in equity, in, to, or
out of the said hereditaments and premises hereby charged and
demised, or expressed and intended so to be, or any of them, or
any part thereof, shall and will, from time to time and at all
time or times hereafter, upon every reasonable request of the
said C. D., his executors, administrators or assigns, but at the
costs and charges of the said A. B., his heirs, executors, admi-
nistrators or assigns, make, do and execute, or cause to be
made, done and executed, all such further and other lawful
acts, deeds, and assurances in the law whatsoever, for fur-
ther and more perfectly charging the said hereditaments and
premises with the said annuity or yearly sum of £— in
manner aforesaid, according to the true intent and meaning of
these presents, and for further and more perfectly demising and
assuring the same hereditaments and premises unto the said
E. F. and G. H., their executors, administrators and assigns,
for the residue of the said term of
years, determinable as

aforesaid, upon the trusts aforesaid, and for enabling them to execute and perform the same trusts according to the true intent and meaning of these presents, as by the said C. D., his executors, administrators or assigns, or the said E. F. and G. H., or the executors or administrators of such survivor, their or his assigns, or his, their, or any of their counsel in the law, shall be devised or advised and required: AND IT IS HEREBY AGREED ence to judg- AND DECLARED between the said C. D. and A. B. that the judgment so to be entered up as aforesaid against the said A. B. is intended and agreed to be a further security to the said C. D., his executors, administrators and assigns, for the said

Provisions

with refer

ment.

GRANTEE SECURED ON

TOR.

annuity or yearly sum of £, and that no execution shall be FOR LIFE OF issued or taken out upon the said judgment, unless and until the said annuity or yearly sum of £-, or any part thereof, FREEHOLDS shall be in arrear and unpaid for the space of forty days next OF GRANafter the same shall become due and payable, and that in case the said annuity or yearly sum of £—, or any part thereof, shall be in arrear and unpaid for the space of forty days, then and in such case, and so often as the same shall happen, it shall be lawful for the said C. D., his executors, administrators and assigns, to sue out such execution upon or by virtue of the said judgment by which the said annuity shall be secured as he or they shall think fit, for the recovery of the arrears of the said annuity or yearly sum of £, and all costs, charges and expenses (if any) which he the said C. D., his executors, administrators or assigns, or any of them, shall bear, pay, sustain or be put unto, for or by reason of the nonpayment thereof, and do and shall, with and out of the money to be raised by the ways and means last hereinbefore mentioned, pay, satisfy and discharge all the arrears of the said annuity or yearly sum of £, and all costs, charges and expenses occasioned by the nonpayment thereof, and do and shall pay the residue or surplus of the said money to be so raised to the person or persons for the time being entitled thereto, AND THAT it shall be lawful for the said C. D. to revive or cause to be revived the said judgment, or do any act, matter or thing to keep the same on foot, notwithstanding the same shall have been entered of record for the space of one year or upwards; AND THAT the said A. B., his heirs, executors or administrators, shall not nor will take, or attempt by any ways or means whatsoever to take any advantage of the want of reviving or keeping the said judgment on foot; and that if he or they shall attempt so to do by action or other legal proceeding or proceedings whatsoever, this present agreement shall and may be pleaded in bar thereto, any rule or practice of the courts, or any of them, to the contrary thereof in anywise notwithstanding: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the said parties to these presents, that after the decease of the said C. D., and full payment to the said C. D., his executors, administrators or assigns, of the

SECURED ON

OF GRAN

TOR.

purchase an

nuity.

FOR LIFE OF Said annuity or yearly sum of £, and all arrears thereof, GRANTEE up to the day of the decease of the said C. D., and of all such FREEHOLDS Costs, charges and expenses as aforesaid, the said C. D., his executors, administrators or assigns shall and will at the request, costs and charges of the person or persons requiring the same, acknowledge satisfaction upon the said judgment, or on the record thereof, in due form of law, and do any further or other reasonable act, matter or thing that may be then required in regard thereto, so that for the doing thereof the said C. D., his executors, administrators or assigns, be not compelled or compellable to travel from his or their place of Power to re- abode ; AND IN PURSUANCE and performance of the said agreement in this respect, the said C. D. doth hereby for himself, his heirs, executors, administrators and assigns, covenant with the said A. B., his executors, administrators and assigns, THAT IN CASE the said A. B., his executors, administrators or assigns, shall at any time hereafter be minded or desirous of repurchasing the said annuity or yearly sum of £, and of such his or their desire shall give notice in writing to the said C. D., his executors, administrators or assigns, then the said C. D., his executors, administrators or assigns, shall and will at the end of three calendar months from the day on which such notice shall be given as aforesaid (or when thereunto required), on receiving of and from the said A. B., his heirs, executors, administrators or assigns, all sum and sums of money which shall be then due for or on account of the arrears of the said annuity or yearly sum of £, up to the day of repurchasing the same, and all and every sums for or on account of any costs, charges and expenses occasioned by the nonpayment of the said annuity or yearly sum, accept and take for the purchase thereof the sum of £, and the said C. D., his executors, administrators or assigns, and the said E. F. and G. H., their executors, administrators or assigns, shall and will thereupon, at the costs and charges of the person or persons requiring the same, release, assign, transfer or otherwise dispose of the said annuity or yearly sum which shall be so redeemed or repurchased, and the said hereditaments and premises, and all other the securities for the same, unto the person or persons so paying the said

sum of £

GRANTEE SECURED ON

FREEHOLDS

TOR.

or unto such person or persons as he or they FOR LIFE OF shall in that behalf nominate and appoint, and acknowledge, or cause to be acknowledged, satisfaction on the record of the said judgment that shall be entered up on the said warrant of OF GRANattorney as aforesaid, and do every other act, deed or thing necessary or advisable for avoiding, releasing, assigning, vacating and discharging, as well the said annuity or yearly sum, as the said several securities given or created for the payment of the same as aforesaid, as by the said A. B., his executors, administrators or assigns, or his or their counsel in the law, shall be reasonably devised, advised and required, so that for the doing thereof the said C. D., his executors, administrators or assigns, or the said E. F. and G. H., their executors, administrators or assigns, be not compelled or compellable to go or travel from their or his usual abode or dwelling. [Receipt of trustees to be sufficient discharges. Power of changing trustees, and Clauses for their indemnity.] IN WITNESS, &c.

No. XCVI.

GRANT of an ANNUITY for the LIFE of the GRANTEE, SECURED ON
secured by the COVENANT of the GRANTOR, and LIFE INTE

by an ASSIGNMENT of a LIFE INTEREST in STOCK.
POWER to the GRANTOR to repurchase the ANNUITY
on the payment of a given Sum.

REST IN

STOCK.

THIS INDENTURE, made &c. BETWEEN A. B. of, &c. Parties. [grantor], of the one part, and C. D. of, &c. [grantee], of the other part. [Recite indenture under which A. B. is entitled to a life interest in a sum of £ £3 per cent. Consolidated Bank Annuities,-contract for the sale of annuity, supra, p. 449.]