Of bond.

Of warrant of attorney.

MONEY. annuity of, intended to be fecured by the faid firft recited indenture of the day of, the receipt of which faid fum of, he, the faid D. C. doth hereby acknowledge. AND whereas, by a bond or writing obligatory, bearing even date herewith, under the hand and seal of the faid F. L. he, the faid F. L. is become bound to the faid D. C. in the penal fum of, conditioned to be void on payment unto the faid D. C. his executors, adminiftrators, and affigns, of one annuity or yearly fum of, from henceforth during the life of the faid M. F. L. at the times and in the manner hereinafter mentioned. AND for further fecuring the faid annuity, or yearly fum of—, intended to be in part fecured by these presents, he, the faid F. L. hath, by a certain warrant of attorney, bearing even date herewith, authorized the faid G. F. and N. O. attornies of his Majefty's Court of King's-bench, to confefs judgment in the faid court against him, the said F. L. at the fuit of the faid D. C. for the fum of -, with a defeazance thereon indorfed, that no execution fhould be taken out, if the faid F. L. and M. F. L. his wife, or either of them, shall pay unto the faid D. C. during the natural life of the faid M. F. L. the faid last mentioned annuity of—, in the manner therein and hereinafter mentioned. Now THIS INDENTURE WITNESSETH, that in confideration of the fum of, hereinbefore mentioned to have been paid by the faid D. C. to the faid F. L. for the purchase of the faid annuity of fecured by the said indenture of the day of alfo in confideration of the fum of- hereinbefore mentioned to have been paid by the faid D. C. to the faid F. L. in part of the fum of -, mentioned to be part of the confideration for the purchase of the faid annuity of —, intended to be fecured by the faid first recited indenture of the day of And alfo in confideration of the faid D. C. accept

Confideration.

And

*

ing the faid fum of, in fatisfaction of the afore- MONEY. said fum of—, being the amount of the arrears of the faid last mentioned annuity from the faid day of —— to the last quarterly day of payment thereof. AND alfo in confideration of the faid D. C. releafing and difcharging, as he doth by these presents release and difcharge the faid M. F. and M. F. L. his wife, of and from the faid annuity of -, intended to be fecured by the faid firft recited indenture of the faidday of and all arrears and growing payments thereof. And alfo in confideration of the faid D. C. having this day granted, affigned, and confirmed unto the faid F. F. and A. I. In truft for the separate ufe of the faid M. F. L. the faid annuity fecured

by the faid indenture of the day of • Transfer.

AND alfo in confideration of all and fingular other the premises, fhe, the faid M. F. L. hath N. B. This deed granted, bargained, fold, affigned, transferred, and more properly belongs to the fet over, directed, and appointed, and by these preceding bead presents doth, grant, bargain, fell, affign, transfer, of Alignment, and fet over, direct, and appoint unto the faid omitted. D. C. his executors, adminiftrators, and affigns, the faid annuity or yearly fum of, to be paid to her the faid M. F. L. for and during the joint lives of the faid M. F. and her the faid M. F. L. by the said hereinbefore in part recited indenture of fettlement of the day of and to which fhe, the said M. F. L. is intitled for her fole and separate ufe; and all arrears thereof, and all sum and fúms of money which fhall become payable for the fame, and all powers and remedies for recovering and enforcing the payment thereof; and all right, title, intereft, truft, property, claim and demand whatsoever, both at law and in equity, of her, the said M. F. L. of, in, to, or out of the fame or any part thereof, To have, hold, receive, take, and enjoy the said annuity or VOL. III.

Ꭰ

Upon trufts.

Power of attorney.

MONEY. yearly fum of, and all and fingular other the premises hereby affigned and appointed, or intended fo to be, unto the faid D. C. his executors, administrators, and affigns, from henceforth for and during the joint lives of the faid M. F, and the faid M. F. L. Upon the trufts, and to and for the intents and purposes hereinafter mentioned, expreffed, and declared, of and concerning the fame and for the confiderations aforefaid, fhe, the faid M. F. L. hath made, ordained, nominated, conftituted, and appointed, and by these presents doth, make, ordain, nominate, constitute, and appoint the faid D. C. his executors, administrators, and affigns, and every of them, her true and lawful attorney and attornies, for her and in her name, or in the name or names of him, the faid D.C. his executors, adminiftrators, and affigns, or otherwife but upon the trufts after mentioned, to afk, demand, sue for, recover, and receive, of and from all and every perfon and perfons liable or intrusted to pay the fame, the said annuity, or yearly fum of, and other the premises hereby affigned as aforefaid, or intended fo to be, and every part thereof, and from time to time, upon receipt thereof, receipts, acquittances, and other fufficient discharges for the fame, to make, give, fign, feal, and deliver, and further to do all and every fuch further and other lawful and reasonable act and acts, thing and things requifite and expedient for effecting the premises, as fully and effectually to all intents and purposes as he the faid M. F. might or could do if perfonally present, and did the fame; and this indenture further witnesseth, that for the confiderations aforefaid, they the said M. F. and M. F. L. his wife, have and each of them hath granted, bargained, fold, affigned, transferred, and fet over, and by these presents do, and each of them doth grant, bargain, fell, affign, transfer and fet over unto the faid D. C. his executors,

administrators, and affigns, the faid annuity, or yearly fum of, to which he the faid M. F. is intitled, (a) during the joint lives of him and the faid M. F. L. as aforefaid; and also, the said annuity or yearly fum of, hereinbefore mentioned, and to which the the said M.F. L. or he the faid M. F. in her right are, or will be, or is intitled for the life of the faid M. F. L. from and after the decease of the faid M. F. L. if the fhall happen to furvive him, and all and every the fum and fums of money to grow due and become payable for or in refpect of the fame annuities of, and all powers and remedies for recovering and receiving, and compelling payment thereof, and all the right, title, intereft, truft, property, benefit, claim, and demand whatsoever, both at law and in equity, of them the faid F. L. and M. F. L. his wife or either of them, of, into, or out of the fame, every, or any part thereof; To have, hold, receive, take, and enjoy the said annuity or yearly fums of and all and fingular other the premises last hereby affigned or intended fo to be unto the faid D. C. his executors, administrators and affigns, as

MONEY.

(a) It feems doubtful whether Mrs. M. can make her an nuity an effectual pledge to Mr. D. inasmuch as the marriage fettlement directs that annuity to be paid from time to time into her proper hands, for her feparate ufe, or to fuch perfon or perfons as the shall from time to time appoint; and does not exprefly authorise her to make an irrevocable appointment. If this doubt be founded, nothing but her confent in a court of equity, can make her fecurity good in refpect of the money in the funds, and the mere bonds and other chofes in action which form part of the fund appropriated for payment of the annuity, and as to the freehold property and leafehold for years, her confent can only be given in a court of equity or by feveral fines, according to the fituation and nature of the feveral eftates, which lie or arise in different counties, and in refpect of the leafehold for years there fhould be a fine fur con cefferunt for years; hence Mr. F's annuity is in the fecurity.

Pow. MSS.

ney.

MONEY.

to the fame annuity or yearly fum of, from henceforth, for and during the joint lives of the said M F. and M. F. L. his wife, and as to the faid annuity or yearly fum of, from and after the decease of the faid M. F. L. for and during the natural life of the faid F. M: L. if she shall be then living, and for the confiderations aforefaid they the faid M. F. and M. F. L. have and each Power of attor- of them hath nominated, conftituted and appointed, and by these presents, do and each of them doth nominate, constitute and appoint the faid D. C. his executors, administrators and affigns, and every of them, their and each of their true and lawful attorney and attornies, for them the faid M. F. and M. F. L. and in their names, or in the names of either of them, or in the names of either of the faid D. C. his executors, adminiftrators or affigns, or otherwife, but upon the trufts aftermentioned, to afk, demand, fue for, recover, and receive, of, and from all, and every the person and perfons who fhall be liable or intrufted to pay the fame annuity or clear yearly fum of, and all arrears thereof, and all other the premifes laft hereby affigned, or mentioned, or intended fo to be, and every part thereof, and from time to time upon receipts thereof, or of any part thereof, receipts, acquittances, or other fufficient difcharges for the fame, or any part thereof, to make, give, fign, feal and deliver, and further to do and execute all, and every fuch further and other lawful and reasonable act and acts, thing and things, requifite and expedient for affecting the premifes as fully and effectually to all intents and purposes as they the faid M. F. and M. F. L. or either of them might or could do if perfonally prefent, and did the fame; and it is hereby agreed and declared, by and between the faid parties to thefe prefents, that the faid D. C. his executors, adminiftrators and affigns, fhall