ASSIGNMENTS.

mortgage, or other disposition, or occasioned by the said annuity Policy (fire). being in arrear), and of all other monies to be received for or by virtue thereof in pursuance of these presents in the mean time, in trust for the said (grantor), his executors, administrators, and assigns, subject only to future arrears, if any, of the said annuity, and pay and apply or invest the same in the purchase of 3 per cent. Consolidated Bank Annuities, or upon some other Government Securities, or some other life annuity or annuities, to be holden upon proper trusts to be declared in writing under the hand or hands of the said (grantee), his executors, administrators, or assigns, for keeping down the said arrears. IN WITNESS, &c.

No. CXLVIII.

*An Assignment of a Policy of Assurance on the Life of an

Assurer.

Variations where it is on the life of some other person. Also
where the assignment is absolute, where conditional, and where
upon trust.

ASSIGNMENTS.

Policy (life).

THIS INDENTURE (1) made the

day of

in the

BETWEEN the

year, &c. and in the year of our Lord 18
(assignor) of, &c. of the one part, and the (assignee) of, &c. of the

other.

WHEREAS by a certain deed-poll, instrument or policy of Recital of policy. insurance purporting to be under the hands and seals of certain directors of the insurance office or company in

bearing date on or about the and numbered

the yearly sum of £

the said office or company, in consideration of

to be paid by the said (assignor) during his natural life [or during the natural life of A. B. of, &c. as the case may be], insured the payment to the executors, administrators or assigns, of him the said (assignor), of the sum of £

within
calendar months next after his decease [or to him the
said (assignor), his executors, administrators or assigns, within three
calendar months next after the decease of the said A. B.]; AND
WHEREAS, &c. (recite the deed, if any, by which the policy was
agreed to be assigned); by which said indenture it was agreed that
the benefit of the said policy should be assigned to the said (assignee)
as a further security for the payment of the said sum of £

in case of his decease, during the subsistence of the aforesaid trusts
(or as the case may be)]. Now THIS INDENTURE FURTHER WIT-
NESSETH, that in pursuance of the said agreement, HE the said
(assignor) HATH bargained, sold, assigned, transferred and set over,

(1) See ante, p. 519. n. (1) and (2).

ASSIGNMENTS.

Policy (life).

WITNESS.

Assignor assigns policy to assignee.

To hold upon trusts, &c.

and by these presents DoтH bargain, sell, assign, transfer and set over unto the said (assignee), his executors, administrators and assigns, ALL that the said in part recited instrument or policy of insurance so granted to or taken out by him the said (assignor), from or with the said office or company, as hereinbefore is mentioned, AND all and every sum or sums of money thereby insured and to become due and payable by virtue thereof, and all other benefit and advantage to be derived or accrue from the same; and all the estate, right, title and interest, property, claim and demand whatsoever, of him the said (assignor) of, in or to the same, and every or any part thereof, and all powers and remedies for recovering the same, TO HAVE AND TO HOLD, receive, take and enjoy the said instrument or policy of insurance, sum and sums of money, and all and singular other the premises hereby assigned or otherwise assured, or intended so to be, unto and by him the said (assignee), his executors, administrators and assigns, in as full and beneficial manner, to all intents and purposes, as he the said (assignor) [his executors or administrators] could or might have had, holden or enjoyed the same if these presents had not been made; but nevertheless, upon the same or the like trusts, and for the same or the like ends, intents and purposes, as in or by the said in part recited indenture are declared or expressed concerning the messuages, &c. therein granted and released, or otherwise assured, and the monies to arise by any sale or disposition thereof, or as nearly thereto as circumLetter of attor- stances will admit; AND he the said (assignor) DoтH, by these presents for himself, his executors and administrators, name, constitute and appoint the said (assignee), his executors and administrators, the true and lawful attorney (1) and attornies, irrevocable of him the said (assignor), and of his executors and administrators, and in the name or names of him or them, or otherwise, as may be expedient, to ask, demand, sue for, recover and receive, and sign and give effectual discharges for all and every sum and sums of money which shall or may at any time hereafter become due or payable on or by virtue of the said instrument or policy of insurance, or which may be paid

ney.

Letter of attorney.

(1) Although this power cannot be exercised till after the death of the person whose life is assured, and by such event, if he be the assignor, will be void, yet it is not therefore unavailable, as the policy is saleable to the office during the life of the insurer-and it being the assurer's property, the office must pay the purchase money to him, unless he empower some other person to receive it; and if the party insures the life of another person, the letter of attorney authorizes the office to pay the sum insured upon his death to the assignee.

ASSIGNMENTS.

Policy (life).

appear at in

by the said office on any sale to them thereof, and to sign the names or name of him or them, to or for any receipts or discharges for the same, which said receipt or discharge shall be as good and effectual, to all intents and purposes, as if the same had been signed by him the said (assignor) [or by the executors or administrators of him the said (assignor)]; and doth further give unto him and them full authority to act therein as to him the said (assignee), his executors or administrators, shall seem meet; he the said (assignor), for himself, his executors and administrators, hereby ratifying and confirming, and agreeing that he and they shall and will, when thereunto required, ratify and confirm all and whatsoever the said (assignee), his executors or administrators, shall lawfully do, or cause to be done in or about the premises by virtue of these presents, with full power, to substitute, depute and appoint, one or more attorney or attornies under him or them, for the purposes aforesaid, or any of them. AND Assigner will further, that he the said (assignor) shall and will, at any time or surance office. times hereafter, at the request of the said (assignee), his executors, administrators or assigns (upon having reasonable notice given to him thereof), appear in person at the said insurance office, or any other office or offices of insurance, within the city of London or Westminster, and also if and when thereunto required, deliver in writing unto any such office or offices his place of abode, and also satisfactory certificates or other documents of his being alive, and of the state of his health and constitution, either for the purpose of enabling the said (assignee), his executors, administrators or assigns, to keep on foot, or renew, or establish the policy of assurance expressed to be hereinbefore assigned, or to insure any further or other sum or sums of money upon the life of him the said (assignor), if he, they, or any or either of them shall think fit; and moreover that he the said (assignor) shall not nor will, at any time hereafter, during the subsistence of any of the trusts of the said in part recited indenture, or of these presents, do, or cause to be done, any act or thing whatsoever whereby the policy of assurance hereby assigned, or any future or other policy of assurance to be granted, or taken out as aforesaid, shall or may become impeached or impeachable, or void or voidable, or the benefit thereof lost or diminished. PROVIDED ALWAYS, and it is hereby declared and agreed by and between the parties hereto, that no sale, mortgage or other disposition of the policy of assurance hereby assigned, or any interest therein shall be made, or contracted to be made, with or to any person or persons whomsoever during the lifetime of the said (assignor), without the consent in writing of him the said (assignor) first obtained for that purpose:

Restriction as to disposition of policy.

ASSIGNMENTS.

[or (if so agreed) unless and until all and singular the messuages, Policy (life). lands and hereditaments, and other the trust property aforesaid, shall be wholly sold and disposed of under the trusts of these presents, and the produce thereof shall be found insufficient for satisfying the said trusts, nor in either of the said cases, until six calendar months' previous notice in writing of such sale, or intended sale, or other disposition thereof, shall be given to him the said (assignor) under the hands or hand of the said (assignee), his executors, administrators or assigns] and which sale, or exposal to sale, if made, shall be by public auction, and not by private contract (1).

(1) See a fuller form by way of covenant, ante, p. 525.