Attorney (receive profits of the same premises, for better securing the payment of the APPOINTMENTS. same annuity, at the times and in the manner therein expressed; and which said annuity was also further secured by a demise of the said premises unto the said (trustee), for the term of years, upon certain trusts therein expressed, and also by the bond (1) or obligation in writing of the said (grantor), in the penal sum of bearing even date with the said indenture, and also an annuity). ney. nuity. L by a warrant of attorney to confess judgment thereupon. AND WHEREAS it is inconvenient for me personally to receive the said annuity so granted to me as hereinbefore is mentioned. Now Appoint of attorTHEREFORE KNOW YE, that I the said (principal) HAVE made, deputed, constituted, and appointed, and by these presents Do make, depute, constitute, and appoint (the attorney) of, &c. my true and lawful attorney for me and in my name to ask, demand, sue for, To receive anrecover, and receive of and from the said (grantor), his heirs, executors, and administrators, and all and every other the person or persons to whom it doth, shall, or may belong to pay the same, the said annuity, or yearly sum of £ together with all and every such other sum and sums of money as shall or may at any time, and from time to time, become due and payable upon or by virtue of the covenants contained in the said hereinbefore in part recited indenture, or the said bond, warrant of attorney, or judgment, or otherwise howsoever. AND upon payment thereof, or of To give discharges. any part thereof, good and sufficient and proper receipts, acquittances, and discharges, to make and give for the same; AND upon nonpayment of the same, or any part thereof when due, and in arrear, for me and in my name, or otherwise to enter (2) into and upon the said hereditaments and premises so charged therewith as aforesaid, and every or any part thereof, and distrain, or receive and take the rents, issues, and profits of the said hereditaments and premises for the same, or to sue or issue out execution upon the said judgment, or to use, take, commence, and prosecute all and every or any such powers, remedies, actions, suits, expedients, ways, and means for the (1) If the annuity was secured by a warrant of attorney only, and no bond were given, say, "By a warrant of attorney under the hand and seal of the said (grantor), authorizing certain persons therein named to confess judg ment against him in the Court of , at Westminster, in Upon non-pay ment to enter, &c. Annuity secured by warrant of attorney only. (2) If the annuity be secured upon money in the funds, this power of distress and entry is to be omitted. Secured upon money in the Funds. APPOINTMENTS. an annuity). To substitute recovering, attaining, and procuring payment of the same annuity or Attorney (receive yearly sum of £ and all arrears thereof, and such other sum and sums of money as aforesaid, as fully and effectually to all intents and purposes as I myself could or might have used, taken, commenced, or prosecuted, if personally present, and these other attornies. presents had not been made. AND also from time to time to substi tute and appoint one or more attorney or attornies under him the said (attorney), for all or any of the purposes aforesaid, as he shall see occasion or think fit. I the said (principal) hereby ratifying, and promising and agreeing to ratify and confirm all and whatsoever the said (attorney), or his attorney or attornies shall lawfully do, or cause to be done in and concerning the premises, by virtue of these presents (1). IN WITNESS, &c. Confirmation. Death of attorney. Attorney to account. (1) If provision is wished to be made against the death of the attor ney, see ante, No. LXXXI. p. 270. Here may be added a covenant by the attorney to account for the sums received, as ante, p. 256, n. (1). No. LXXXV. An Appointment of an Attorney (1) to receive a Legacy. APPOINTMENTS. Attorney (receive legacy). TO ALL TO WHOM THESE PRESENTS SHALL COME, I (the principal) of, &c. send greeting. WHEREAS (the testator) of, &c. Recital of legacy. in and by his last will (3) and testament, bearing date the day (1) See ante, No. LXXVIII. p. 254. notes. (2)* If the legacy be payable to a person abroad, a power in the above Legacy abroad, form is usually given to some person in England to receive and give a discharge for it, but this is not the most eligible mode, for the person granting the power may revoke it (every power being in its nature revokable at pleasure) or may be dead at the time the discharge for the legacy is executed, in which case the power would be determined, and the discharge void. The proper method, therefore, where the legatee is abroad, is for him to assign the legacy to some person in England, to the intent that he may be qualified and enabled to receive the legacy, and to make and execute a sufficient release and discharge for it. In this case, although the legatee should die before the legacy is paid and the release given, still the whole interest and property of the legacy being vested in the assignee, he would be capable of receiving and releasing it. (3) If the power be to receive the distributive share of an intestate's Distributive effects, say, "WHEREAS (the intestate), late of, &c. deceased, departed this life on or about the intestate. AND WHEREAS day of letters of administration of the estate and effects of the said (intestate) were granted unto (the administrators) of, &c. on or about the day of I am the AND WHEREAS by the Court of and as such entitled to a distributive share or proportion of his estate and effects." share. APPOINTMENTS. Attorney (receive legacy). Appointment of attorney to reeive same. C of (2), , gave and bequeathed to me (1) the sum of £ to be paid within the space of months after his decease, and appointed (the executors) of, &c. executors of his said will. Now KNOW YE, that I the said (principal) HAVE made, deputed, constituted and appointed, and by these presents do make, ordain, constitute and appoint (the attorney) of, &c. my true and lawful attorney, for me, and in my name, to ask, demand, sue for, recover, and receive, of and from the said (executors) (3), or other the person or persons to whom it doth, shall or may belong to pay the same, the said legacy (4) or sum of £ (5), so given and bequeathed to (1) If the principal be entitled to the residue of the testator's property, say, ، The rest, residue and remainder of his personal estate and effects, after payment and satisfaction of all debts, legacies and other payments in and by the said will directed to be made." (2) If the power be to receive an annuity left by will, say, "An annuity or yearly sum of £ , for and during the term of my natural life to be paid half yearly, and the first payment thereof to begin and be made within six months from the time of his decease." (3) If the power be to receive the distributive share of an intestate's effects, say, "Of and from the said (administrator), the administrator of the goods and chattels, rights and credits of the said (intestate) deceased, or other the person or persons to whom it doth, shall or may belong to pay or distribute the same, all such distributive share or proportion of the personal estate and effects of the said (intestate) deceased, as I am or shall or may be entitled to under or by virtue of the statute made for the distribution of the estates of persons dying intestate, or otherwise howsoever, as the brother [or as the case may be] of the said (intestate); and also all other sum and sums of money, goods, chattels, and personal estate whatsoever, which on the decease of the said (intestate) came or belonged, or of right ought to have come or belonged to me." (4) If the power be to receive residuary property, say, “The residue and remainder of the personal estate and effects of the said (testator), after payment and satisfaction of all debts, legacies and other payments in and by the said will directed to be made; and other the legacies, sums, gifts and bequests given and bequeathed to me, &c." as above. (5) If it be an annuity, say, "The said annuity or yearly sum of £ so given and be APPOINTMENTS. Attorney (receive legacy). And give dis charges. me by the said last will and testament of the said (testator) deceased, as aforesaid, together with any interest which may be due for the same; AND upon payment of the same, a good, sufficient, and proper release, acquittance, or other discharge for the same, for me, and in my name, to make and give; and also for me, and in my To execute bond for re-payment name, and as my act and deed, to sign, seal, deliver, and execute, if if assets defithereunto required (1), a bond or obligation, or other security, for the cient. repayment of the said legacy, or of a due proportion thereof, in case the estate and effects of the said (testator) shall prove insufficient to discharge the debts and other lawful and prior demands which may be thereafter made thereupon (2). AND upon non-payment (3) of the said legacy, or sum of £ or any part thereof, or of any interest due in respect thereof, to use, take, commence, and prosecute for me, and in my name, all powers, remedies, actions, suits, expedients, ways and means, for the recovering, receiving, and obtaining payment of the same, as fully and effectually to all intents and purposes whatsoever, as I myself could or might have used, taken, commenced, or prosecuted, if personally present, and these presents had not been made. AND also from time to time, and at all times, To substitute to nominate, substitute, and appoint, any attorney or attornies under other attornies. him the said (attorney) for all or any of the purposes aforesaid. I On non-pay ment, to bring actions, &c. the said (principal) hereby ratifying, and promising, and agreeing, Confirmation. at all times, and from time to time, to ratify and confirm all and whatsoever my said attorney or his said attorney or attornies shall lawfully do, or cause to be done in the premises, by virtue of these presents (4). IN WITNESS, &c. queathed to me by the last will and testament of the said (testator) deceased, as aforesaid, and upon payment, &c." as above. (1) In the case of an annuity, the above clause may be omitted. (2) If an executor or administrator pay a legacy whilst any debt remains unpaid, and the assets be insufficient for payment of debts, he will be personally answerable to the creditors; hence a bond of this kind is generally required where any doubt subsists of their being any outstanding claims. (3) If the power be to receive an annuity, say, "And upon non-payment of the said annuity or yearly sum of , or of any half yearly payment thereof, to use, take, &c." as above. £ Annuity. Annuity. (4) If it be wished to guard against the death of the attorney, see ante, Death of attor p. 270. ney. A covenant may here be added for the attorney to account for the Attorney to acsum received, as ante, p. 256. n. (1). count. |