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any manner howsoever, or whereby the said C. D. his executors, administrators, or assigns, shall or may be prevented, hindred, or delayed, in receiving or recovering the same. AND that he the said A. B. now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, assign, transfer, and set over the same reversion of the said moiety, of the said stock and dividends unto the said C. D. his executors, administrators, and assigns, in manner aforesaid, and according to the true intent and meaning of these presents. AND that he the said C. D. his executors, administrators, and assigns, shall and may from time to time, and at all times hereafter, peaceably and quietly have, receive, take, and enjoy, the said moiety of the said stock and dividends, hereinbefore mentioned and intended to be hereby granted and assigned, and every part thereof to and for his and their own proper and absolute use and benefit, without the lawful action, suit, hindrance, interruption, disturbance, claim, or demand of the said A. B. (party hereto) his executors, or administrators, or any other person or persons lawfully, or equitably claiming, or to claim by, from, under, or in trust for him or them, or by, from, under, or in trust for the said testor A. B. deceased. AND FURTHER that he the said A. B. (party hereto) his executors, and administrators, and all and every other person and persons having, or lawfully or equitably claiming, or who shall or may hereafter have, or lawfully or equitably claim any estate, right title, or interest, of, in, to, or out of the said moiety of the said stock and dividends hereinbefore mentioned, to be hereby assigned, or any part thereof, by, from, under, or in trust for him, them, or any of them, or the said testor A. B. deceased, shall and will form time to time, and at all times hereafter, upon the reasonable request, and at the proper costs, and

charges of the said C. D. his executors, administrators, or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, conveyances, assignments, and assurances; and also shall and will join and concur in any actions, suits, and proceedings at law, or in equity, for the further, better, more perfectly, and absolutely granting, assigning, assuring, and confirming the said moiety of the said stock and dividends, hereby assigned as aforesaid, and every or any part thereof unto the said C. D. his executors, administrators, and assigns, and for enabling him and them to recover, obtain, and receive the same respectively, to and for his and their own proper and absolute use and benefit, as the said C. D. his executors, administrators, or assigns, or his or their counsel in the law shall reasonably require or advise. IN WITNESS, &c.

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See Bond of Indemnity to accompany the above, subsequently. Without such an accompanying bond, the purchaser of a Reversion of Money in the Funds, has in fact no security that he shall obtain a transfer on the decease of the person or persons intitled to the dividends during his or their life or lives. For the Bank of England will not suffer a transfer in any form, but what is exactly pointed out by the will;— nor will they register or notice, in any way, an assignment of such Reversion, or Reversionary Interest; so that there is nothing to prevent the Assignor, if he is roguishly inclined, and is aware of the circumstance, from running to the Bank immediately on the decease of the person who has the Life In terest, (the time of whose death he is more likely to know than the Assignee,) and procure a transfer to himself, in vir. tue of the Trusts of the Will, instead of suffering it to be received by the Person to whom he has assigned it; for though he is personably liable for so doing, yet if a man of no pro

In

perty, the remedy would, according to the old adage, turn out to be worse than the disease. How far a Trustee would be liable, if due notice were given to him of the existence of such an assignment, I shall not attempt to determine; but in many instances there are no Trustees to give notice to. the above instance there was a surviving Executor, who had the power of transferring the whole stock upon the trusts of the Will, but upon no other trusts; and who, together with the Lady enjoying the Life Interest and the vendor, (being all the persons beneficially, or otherwise intitled to the said moiety) were willing to concur; yet, though they signified their consent in writing, and that writing was left at the proper office at the Bank (the chief accountants); when the same was called for, the answer, (which was verbal,) was "The Transfer* in question cannot be permitted; it is contrary to the Rules of the House." The purchaser finding that no adequate security could thus he obtained, applied to have his Deposit money returned on that ground, and also on the ground that no copy of the Register of the Baptism of the person enjoying the Life Interest could be adduced (it not being known where she was born,) and she being stated in the Particulars of Sale, to be aged about 59 years. This application was also refused. The purchaser then submitted a case to counsel, who returned for answer, that as by the conditions of sale, the purchaser was made aware that the stock was standing in the name of the Testators Executors, he could not take any objection from the want of an actual transfer, and that though a certificate of the Lady's Baptism should be produced, that was not the only ev idence that ought to be admitted, and that the affidavit of her. self, or some indifferent person, should be accepted. In con.

*For the nature of the Transfer, wished to be made, see Recital in Bond of Indemnity before referred to.

+ See this case and opinion in my publication intitled "Cases and Opinions illustrative of the Theory and Practice of Con Teyancing, &c." which will shortly be published.

sequence of this opinion, the purchaser agreed to take the u sual assignment and power of attorney as above, on being furnished with an affidavit of the age of the person entitled to the Life Interest, an affidavit that there were only two children of the Testator, who lived to attain the age of twenty-one; and that there were none who died under that age, leaving lawful issue; a certificate of the Baptism of the vendor, to prove his identity,* and a bond of indemnity from the vendor, in which the surviving Executor of his Father's Will should join, which being acquiesced in, the same were drawn and executed in the

forms here stated.

ASSIGNMENT (by Deed Poll) of the eighth part of a Ship.

TO ALL TO WHOM THESE PRESENTS SHALL COME. A. B. of, &c. sends greeting. KNOW YE, that the said A. B. for and in consideration of the sum of e of lawful money of Great Britain, to him in hand, paid by C. D. of, &c. at or before the sealing and delivery of these presents, the receipt whereof he the said A. B. doth hereby acknowledge, and thereof, and therefrom, and of and from the same, and every part thereof, doth acquit, release, and discharge the said C.D. his executors, administrators, and assigns, for ever, by these presents, hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth grant, bargain, sell, assign, transfer, and set over unto the said C. D. his executors, administrators, and assigns, ALL that

* These things were pointed out as necessary by the counsel above alluded to.

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-eighth part or share of him the said A. B. of, and in ALL

that the good ship or vessel, called the burthen of

to

of the

tons or thereabouts, now on a voyage [or now lying in the river Thames, or otherwise, as the case may be,] whereof E. F. is master; and also of and in ALL and singular the sails, masts, yards, anchors, cables, ropes, boats, oars, small arms, ammunition, provision, tackle, apparel, and furniture, whatsoever, to the said ship or vessel, belonging, or in any wise appertaining. AND all the estate, right title, interest, use, trust, property, profit, claim, and demand whatsoever, of him the said A. B. of, in, and to the same, and every part thereof. TO HAVE AND TO HOLD the said eighth part or share, of and in the said ship or vessel, and of and in the sails and other things belonging thereto, as aforesaid, and all and singular orher the hereditaments, and premises hereinbefore mentioned, to be hereby bargained and sold with their appurtenances unto the said C. D. his executors, administrators and assigns, to and for his and their own proper and absolute use and benefit, and as and for his and their own proper goods and chattels from henceforth for ever. AND the said A. B. for himself, his heirs, executors, and administrators, doth hereby covenant, promise and agree, with and to the said C. D. his executors, administrators, and assigns, in manner following: that is to say, That he the said A. B. now hath in himself good right, full power, and lawful and absolute authori ty to grant, bargain, sell, assign, transfer, and set over the said eighth part or share of the said ship or vessel, and other the hereditaments and premises hereinbefore mentioned, to be hereby assigned unto the said C. D. his executors, administrators, and assigns, in manner aforsaid, and according to the true intent and meaning of these pre

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