fo often as the faid annuity, or any part thereof, ANNUITY. shall be behind and unpaid by the fpace of— days next over or after any of the days or times hereinbefore mentioned or appointed for payment thereof, that then, and fo often, and in any fuch cafe, it shall and may be lawful to and for the faid B.W. his executors, administrators or affigns, to fue out fuch execution or executions, upon or by virtue of the judgment hereinbefore mentioned, as he or they fhall think fit, or be advised, for the recovery of the arrears of the faid annuity or yearly sum of and all cofts and charges which the faid B. W. his executors, adminiftrators or affigns, or any of them, fhall bear, pay, sustain, or be put unto, for or by reafon or means of the non-payment of the fame annuity, or any part thereof; and that it fhall not be neceffary for the faid B. W. his executors, administrators or affigns, to revive, or cause the faid judgment to be revived, or to do any act, matter or thing, to keep the fame on foot, notwithstanding the faid judgment fhall have been on record for the space of - year or upwards, and notwithstanding any rule or practice of the court in which the faid judgment shall be entered, or record to the contrary; and that he the faid F.T. his executors or administrators, fhall not, nor will take and receive, or attempt, by any ways or means whatsoever, to have, take, or receive, any advantage, for want of reviving or keeping the faid judgment on foot. In witnefs, &c.

ANNUITY. Grant of Annuity during the joint Lives of a Man and bis Wife, fecured on Money in the Funds. Settled by the late Mr. FEARNE.

THIS Indenture made, &c. between B. B. of, &c. and H. his wife, of the first part, and P. P. of the other part. WHEREAS the faid P. P. hath contracted and agreed with the faid B. B. and H. his wife, for the abfolute purchase of one annuity, &c. to be paid to the faid P. P. his executors, administrators, or affigns, free from all taxes and deductions whatsoever, for and during the joint lives of the faid, B. B. and H. his wife, at or for Indenture wit- the price or fum of Now this indenture neffeth. witneffeth, that for and in confideration of, &c. to the faid B. B. in hand well and truly paid by the faid P. P. at or before the fealing or delivery of these presents, being in full for the abfolute purchafe of the faid annuity or clear yearly fum of

the receipt whereof the faid B. B. doth hereby acknowledge, and of and from the fame and every part thereof, doth acquit, release, exonerate, and for ever discharge the faid P. P. his executors, administrators, and affigns, and every of them for ever by these presents, he the said B. B. for himself, his heirs, executors, or administrators, Grant of anau- Hath given, granted, bargained, fold, and con

ity.

firmed, and by thefe prefents doth give, grant, bargain, fell, and confirm, unto the faid P. P. his executors, administrators, and affigns, for and during the term of the joint lives of him the faid B. B. and H. his wife, one annuity or clear yearly fum of, of lawful money of Great Britain, free and clear of and from all taxes and deductions whatsoever. To have, hold, receive, take, and enjoy the faid annuity or clear yearly sum of

unto the faid B. B. his executors, administrators, and

affigns, for and during the joint lives of the faid ANNUITY. B. B. and H. his wife, and to be paid and payable half yearly, unto him the faid P. P. his executors, administrators, and affigns, at or in the common dining-hall of, in the county of, by two even and equal half yearly payments, between the hours of ten and twelve of the clock in the forenoon, of the several and refpective days and times hereinafter mentioned, (that is to fay,) on the day of ——, &c. in every year, by even and equal portions, during the joint lives of the faid B. B. and H. his wife, the first payment thereof to begin and be made on the, &c. next enfuing the date of these presents, free from all deductions and abatements whatsoever, together with a proportionable part of fuch annuity or yearly fum of for the time which fhall elapfe between the last of the faid days of payment preceding the decease of the faid B. B. and H. his wife, which shall first happen, and the time of fuch his or her decease, which proportionable part, he the faid --for himself, his executors, adminiftrators, and affigns fhall be entitled to, and fhall be paid accordingly. AND whereas I. H. Recital of a by his laft will and teftament, in writing, duly executed and attefted, bearing date, &c. did, amongst other things, devife and bequeath unto M. J. B.E. and G. I. their executors, admini ftrators, and affigns, certain eftates therein particularly mentioned and described, Upon truft, that they the faid devifees and trustees fhould, as foon as convenient after his decease, fell and dispose of the fame for the best price that could be got, and did direct that the money to arife and be produced by fuch fale of the faid eftates, and alfo the faid premises, till fold, fhould be confidered as part of the refiduum of his personal estate, of what nature or kind foever or wherefoever, and as to his faid government and other fecurities, wherein or where

will.

ANNUITY. upon the fame or any part thereof, was laid out or invefted, he gave and bequeathed the fame unto the faid M. J. B. E. and G. I. (which faid M.J. &c. he did thereby appoint executors of his faid will) and to their executors, adminiftrators, and affigns, upon the feveral trufts, and to and for the feveral ends, intents, and purposes thereinafter by him directed and declared. And as for and concerning such part of the said refiduum of his perfonal eftate as fhould be appropriated and fet apart to answer the several trufts and purposes hereinbefore particularly expreffed and directed, and alfo all fuch part of his personal estate as fhould be fo appropriated and fet apart, when and as the refpective trufts thereby particularly declared concerning the fame, fhould ceafe, determine, or be performed and alfo all the annual interest, dividends, profits, and produce of his faid perfonal eftate, which should be fet apart and appropriated as therein aforefaid, over and above what would be fufficient to make good, anfwer, and pay the feveral and refpective payments therein before charged thereupon, and made payable thereout, he thereby willed and directed his faid executors fhould from time to time, lay out and inveft the fame, ard also all the annual interest, dividends, profits, and produce from time to time, to arise, be had, made, and received in respect thereof, in fome one or more of the public funds, to accumulate until his grandfon I. B. (party hereto) the elded fon of his fon C. C. fhould have attained his age of 25 years, then the faid trustees fhould, (and he did thereby fo direct) from time to time to pay unto his faid grandfon I. B. for and during the term of his natural life, the whole interest, dividends, and income of the faid refiduum of his faid personal estates, not before disposed of, and all the increafe, accumulations, and improvements thereof, from time to time happening, and hap

pening to and for his own ufe and benefit, and annuity. did thereby direct that as foon as any one of his faid trustees or executors fhould die, that the two furvivors of them fhould immediately proceed to nominate and appoint another fit perfon, at their difcretion, to be a trustee in the place of him fo dying, and that fo from time to time, as often as any one trustee fhould die, the two furvivors should nominate and appoint another, it being his defire and intention always to have three exifting trustees, he did thereby direct, that from time to time, on every nomination and appointment of a new or additional truftee, all the faid truft eftatés and premises, or fo much thereof as fhould then from time to time remain undifpofed of, or the trufts whereof fhould then remain unperformed, fhould be so often affigned over, fo as the fame might from time to time be legally and effectually vefted in furviving or former trustees, or truftee, and in fuch new truftees only upon the trufts therein declared of and concerning the fame refpectively, and that fuch new trustee or trustees fhould and might from time to time act in the execution of the faid trufts, which the faid former truftees, or alone as the cafe fhould happen, as fully and effectually to all intents and purposes, as if he or they had been originally named a truftee or trustees in that his faid will, for the purpofes aforefaid. AND WHEREAS the faid I. H. departed this life on or about the -- day ofin the year poffeffed of a very confiderable perfonal eftate, without revoking or altering the faid bequeft, to the faid B. B. and the faid M. 7. B. E. and G. I. duly proved his faid will, in the ecclefiaftical court, and took upon themselves the burthen and execution thereof. AND whereas the faid B. B. attained his age of 25 years, on or about the, &c. and thereupon became intitled to the intereft, dividends, and profits of the faid refiduum