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(Dividends.) L.

Covenants.

so as aforesaid now due and owing to him, the said C. D., from the said A. B., together with lawful interest for the same from the day of the date hereof. And, in the next place, do and shall, in like manner, retain and reimburse himself and themselves all sum and sums of money and expenses which he, the said C. D., may from time to time pay, be put unto, or incur, to, for, or on account of the said A. B.; and when and so soon as all such sum and sums of money shall have been fully paid off and discharged, then, upon this further trust, that he, the said C.D., his executors or administrators, shall and will stand possessed of all the residue of the moneys which shall have been, or shall thereafter be, received by virtue of these presents, for the benefit of the said C. D., his execu tors, administrators, or assigns, and shall and will pay over the same to him or them accordingly. [Add a covenant from A. B., that he had done no act whereby his right to the said debt or sum and dividends were incumbered, and a covenant for better assuring, &c. See page 265.] In witness, &c.

(Stock in the An Assignment of Stock in the Funds, (bequeathed under a Will.)

funds.)

Recital.

Contract.

Witnessing part.

This indenture, made, &c., between (assignor,) of the one part, and (assignee,) of the other part. [Recites a will, whereby the stock is given to (assignor,) &c. Recites that all the debts and funeral and testamentary expenses of the said testator, and the legacies bequeathed by his said will, have been fully paid and satisfied out of his personal es tate. And recites, that the said (assignor) is indebted unto the said (assignee) in the sum of L. ; and for securing the same, he hath agreed to assign unto the said (assignee) the said stocks, funds, and securities, in manner hereinafter mentioned.] Now, this indenture witnesseth, that, in pursuance of the said agreement, and for carrying the same into execution, and in consideration of the sum of five shillings by the said

(assignee) to the said (assignor) in hand paid, &c., (Stock in the the receipt, &c., he, the said (assignor,) hath granted, funds.) bargained, sold, assigned, transferred, and set over,

and by these presents doth, &c., unto the said assig- The stock nee, his executors, administrators, and assigns, all assigned. that the said sum of L. 3 per cent. consolidated bank annuities, now standing in the name of, &c., in the books of the Governor and Company of the Bank of England, or other the stocks, funds, and securities into or upon which the same is invested, and all the interest, dividends, and annual produce due and payable in respect thereof, or any part thereof respectively, and all the right, title, interest, possibility, property, claim, and demand whatsoever, both at law and in equity, of him the said (assignor,) in, to, from, out of, or upon the same, and every part thereof. To have and to hold the said stock, Habendum. funds, and securities, and all and singular other the premises hereinbefore assigned, or intended so to be, unto the said (assignee,) his executors, administrators, and assigns. But nevertheless, upon and The trusts. for the trusts, intents, and purposes hereinafter declared and contained, of and concerning the same; (that is to say,) upon trust that the said (assignee,) or his executors, administrators, and assigns, do and shall, as soon as conveniently may be, absolutely sell and dispose of the said stock, funds, and securities, or so much or such part or parts thereof as he or they shall think fit and sufficient, and do and shall apply and dispose of the money so to be raised as aforesaid in payment and satisfaction of all such costs, charges, and expenses as aforesaid, which the said (assignee) shall be put to in the execution of the trusts hereby declared; and then, in the next place, in payment and satisfaction to him, the said (assignee,) his executors, administrators, and assigns, of the said L. so due and owing as aforesaid, with interest for the same at the rate of, Trusts of &c. And it is hereby agreed and declared, that, ing undisposubject to the trusts herein before mentioned con- sed of.

stock remain

funds.)

Power of attorney.

(Stock in the cerning the same, the said (assignee) shall stand and be possessed of, and interested in, the said stock, funds, securities, and premises, or so much thereof as shall remain undisposed of after answering the purposes aforesaid, upon trust for the said (assignor,) his executors, administrators, and assigns, and to transfer and dispose of the same accordingly. And the said (assignor) doth hereby irrevocably make, nominate, constitute, and appoint, and in his place and stead put the said (assignee,) his executors, administrators, and assigns, to be the true and lawful attorney and attorneys of him, the said (assignee,) to ask, demand, sue for, recover, and receive of and from all and every the person and persons who are, is, or shall or may be liable to pay or transfer the same respectively, the said stock, funds, securities, and premises; and on non-payment or non-transfer of the same, or of any part thereof respectively, to bring, commence, carry on, and prosecute any action, suit, or other proceeding whatsoever, for recovering and compelling transfer thereof respectively; and also to adjust, settle, compound, and compromise all accounts, reckonings, transfers, matters, and things whatsoever, relating to the said stocks, funds, securities, and premises, or any of them, and for all or any of the purposes aforesaid, to use the name of the said (assignor,) and generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, relating to the premises, as fully, to all intents and purposes whatsoever, as he, the said (assignor,) could do if personally present, in case these presents had not been executed; and whatsoever the said (assignee,) his executors, administrators, or assigns, shall lawfully do, or cause to be done, in or about the premises, the said (assignor) doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the (assignee,) his executors, administrators, and assigns, to allow, ratify, and confirm. And it is be a discharge. hereby agreed and declared, between and by the par

Receipts of trustess to

good right to

assign.

ties to these presents, that the receipt or receipts in (Stock in the writing of the said (assignee,) his executors, admi- funds.) nistrators, or assigns, for any money payable to him or them, under or by virtue of these presents, shall be a good and sufficient discharge, or good and sufficient discharges for the same; and that the person or persons to whom such receipt or receipts shall be respectively given, shall not be answerable or accountable, or be in any wise bound to see to the application of the money in such receipt or receipts respectively acknowledged to be received, or to inquire into the necessity or regularity of any sale or sales which may be made by virtue of these presents. [Add a covenant from (assignor,) that he had Covenants good right "to assign the money, stock, and premises hereby assigned, or intended so to be, under the said (assignee,) his executors, administrators, and assigns, in manner aforesaid, and according to the true intent and meaning of these presents."] And Will not make also, that he, the said (assignor,) shall not, nor will at any time or times hereafter, revoke, annul, or make void, the aforesaid power or authority given to the said (assignee,) his executors, administrators, and assigns, or make, do, or execute, or knowingly or willingly permit or suffer any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, the said (assignee,) or his executors, administrators, or assigns, may, can, or shall be in any wise prevented or hindered from having, receiving, or taking the said premises, or any part thereof, upon and for the trusts, intents, and purposes aforesaid. And further, that (assignor,) And for furhis executors or administrators, shall and will, at any ther assurtime or times hereafter, upon every reasonable request of the said (assignee,) his executors, administrators, or assigns, make, do, and execute, or cause or procure, &c., all such further and other lawful and reasonable acts, deeds, matters, and things, for the

See p. 264.

void the

power.

ance.

funds.)

(Stock in the better and more effectually assigning, assuring, and confirming of the said premises hereby assigned, or intended so to be, unto the said (assignee,) his executors, administrators, and assigns; and also for enabling him and them to receive, recover, and enforce the transfer of the said respectively, upon and for the trusts, intents, and purposes aforesaid, according to the true intent and meaning of these presents, as by the said (assignee,) his executors, administrators, or assigns, or his or their counsel in the law, shall be reasonably devised, or advised, and required.

(Legacy.) Parties.

Operative part.

In witness, &c.

An Assignment of a Legacy.

This indenture, made, &c., between, &c. [Recite the will, (showing the bequest of the legacy,) and the agreement to assign the same.] Now, this indenture witnesseth, that, in consideration of, &c., he, the said A. B., hath bargained, sold, assigned, transferred, and set over unto the said C. D., his executors, administrators, and assigns, all that the said legacy, or sum of L. so as aforesaid bequeathed to him, the said A. B., in and by the said in part recited will of the said O. P. deceased, (and by the same will directed to be raised under the trusts of the said term of, &c., thereby created as aforesaid.) Short power And all interest due, or to grow due, upon or in respect of the said sum of L. and all the right, &c., together with all powers, remedies, and means requisite and necessary for calling in, suing for, or compelling payment of the same. To have and to

of attorney.

Habendum.

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Legacies and moneys made payable out of real and personal estate may be assigned by way of mortgage, and with a proviso that on repayment of the loan, the legacy or sum shall be re-assigned; or the more preferable mode is to assign the same with a power of attorney to the assignee in trust to receive the same, and after deducting and retaining thereout the money lent and interest, to pay the surplus to the assignor.

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