If provision is wished to be made against the death of the attorney, by reason of the debt being abroad or other cause, see ante p. 270. There may also be added a covenant by the attorney to account for monies received, see ante, p. 256, n. (1). APPOINTMENTS. Attorney (receive bond debt). Death of attor ney. Attorney to account. APPOINTMENTS. Attorney (receive an annuity). No. LXXXIV. An Appointment of an Attorney (1) to receive an Annuity charged upon Freehold or Leasehold Premises. Variations where it is secured upon money in the Funds. (2) Recital of grant of annuity. Dividends. Annuity left by will. Annuity secured by money in the Funds. TO ALL TO WHOM THESE PRESENTS SHALL COME, I (the principal) of, &c. send greeting. WHEREAS (3) by an indenture bearing date the day of and made or expressed to be made between (the grantor of the annuity) of, &c. of the first part, me the said (principal), of the second part, and (the trustee) of, &c. of the third part, the said (grantor) in consideration of the sum of granted an annuity or yearly sum unto me, my executors, administrators, and assigns, for the term of his natural life [or as the case may be] payable quarterly on the day of of the day of day of the day of and the in every year, and charged (4) the same upon certain lands, tenements, and hereditaments, in the said indenture more particularly described, in the manner therein mentioned, with powers of distress and entry upon and perception of the rents and (1) See ante, No. LXXVIII. p. 254, notes. (2) Where a power of attorney is requisite for the receipt of dividends themselves out of money in the funds, it is always made out by the governor and company of the Bank, who will not attend to any other than their own form. (3) If the annuity was left by will, see the variations subjoined to the next Precedent, No. LXXXV. (4) If the annuity be secured upon a life interest in money in the funds, say, "And charged the same upon the dividends, interest, and annual proceeds of the sum of £ three per cent. Consolidated Bank Annuities in the same indenture more particularly described, in the manner therein expressed, and which said annuity was also further secured by an assignment of the said dividends, and interest unto the said (trustee), and by the bond, &c." as above. profits of the same premises, for better securing the payment of the APPOINTMENTS. same annuity, at the times and in the manner therein expressed; Attorney (receive and which said annuity was also further secured by a demise of the said premises unto the said (trustee), for the term of years, an annuity). ney. nuity. upon certain trusts therein expressed, and also by the bond (1) or obligation in writing of the said (grantor), in the penal sum of L bearing even date with the said indenture, and also 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 non- Upon non-paypayment of the same, or any part thereof when due, and in arrear, &c. 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, 66 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 an action of debt, for the sum of of distress and entry is to be omitted. ment to enter, Annuity secured by warrant of attorney only. Secured upon money in the Funds. (2) If the annuity be secured upon money in the funds, this power APPOINTMENTS. Attorney (receive yearly sum of £ an annuity). To substitute recovering, attaining, and procuring payment of the same annuity or 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 substitute 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 attor ney. 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 ΤΟ 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. SUP.-VOL. I. X |