ANNUITY.executors or adminiftrators in any fuch fale or fales, conveyance or conveyances, fo to be made and executed as aforefaid, shall not in any wife be deemed effential or neceffary to perfect the title of the purchaser or purchafers of any part thereof, the fame being intended for the further fatisfaction only of each purchafer or purchasers. AND Appointment of THIS INDENTURE FURTHER WITNESSETH, that for full power to further fecuring the regular payment of the said ancollect. nuity or yearly fum of, at the times and in the

receiver, with

manner hereinbefore mentioned, in that behalf, and for the confideration aforefaid, the said H. W. at the nomination of the faid T. W. teftified by his being a party to, and fealing and delivering these presents, hath made, conftituted, and appointed, and by thefe prefents doth make, conftitute, and appoint the aforefaid T. W. the lawful receiver and agent, and attorney of him the faid H. W. for him, and in his name, but for the purposes hereinafter directed, from time to time to collect and receive all and every the rent and profits of the faid pieces or parcels of ground,&c. hereby affigned of and from the several and respective tenants and occupiers thereof, when and as the fame rents and profits fhall from henceforth become due and payable, during the refidue of the faid term of

years, and fuch other terms and eftates as shall be granted by any new leafe or leafes of the faid premises, if the faid T. W. and S. H. or either of them, fhall fo long live, and upon payment of the faid rents and profits, or of any part thereof, to make and give fufficient acquittances and difcharges for the fame. And in cafe of non-payment thereof, or of any part thereof, to take fuch lawful remedies by action, fuit, distress, or otherwife, for recovery of the fame, as he fhail

think neceffary or proper in that behalf, and to ANNUITY. do, perform, and execute all other acts, matters, and things, neceffary and proper for collecting, recovering, and receiving the fame rents and

profits, and every or any part thereof. And the and pay fame in faid H. W. with the approbation of the faid T. W. payment of his testified as aforefaid, doth hereby authorife, direct,

days

expences,

next the ground rent of leafehold premifes,

then of annui.

and appoint the faid F. W. to pay, apply, and account for the rents and profits of the said several pieces and parcels of ground, &c. for the purposes and in the manner following, (that is to fay), to pay and reimburse himself all fuch cofts, charges, and expences, as he may be put to in collecting and receiving of the faid rents and profits, or any part thereof, together with a reasonable recompense for his trouble therein; and in the next place to pay and difcharge the faid yearly ground rent of — reserved in and by the said indenture of leafe, as and when the fame fhall become due; and in the next place to pay to the said T. W. his executors, adminiftrators, and affigns, the faid annuity or clear yearly fum of, at the and times, and in the manner hereinbefore men- ties and infuṛtioned and appointed for the payment thereof, grantee fhall and in the next place to pay to and reimburse the faid O. Q. his executors, adminiftrators, and affigns, all fuch fum and fums of money, costs, and charges, as he, they, or any of them, fhall or may pay or expend, for or by reafon of infuring or keeping infured, the faid meffuages, &c. from damage by fire, upon the neglect or refufal of the faid H. W. his executors, adminiftrators, or affigns, according to the covenant hereinbefore contained in that behalf, with intereft in refpect. of the fame, after the rate aforefaid, and after payment of all arrears, as well of the faid yearly rent VOL. I. Ff.

ance money that

have paid.

ANNUITY. Of, as of the said annuity or yearly sum of → and fuch fum and fums of money, cofts, expences, and intereft, fo laft hereinbefore directed to be paid. Then to account for, render, and pay over unto the faid H. W. his executors, adminiftrators, and affigns, all the clear furplus of the faid rents and profits fo to be collected and received over and above so much thereof as fhall be

Refidue to grantor.

Covenant that

without ap

probation of

fo paid and applied as aforefaid, and over and above so much thereof, as fhall be reftrained or applied by the faid F. W. in fatisfaction of his cofts, charges, and neceffary expences, in collecting, receiving, paying, and remitting, the faid rents and profits according to the true meaning of grantor will not these presents. AND the faid H. W. doth hereby, for himself, his heirs, executors, and adminigrantee, revoke ftrators, covenant and agree to and with the faid F. W. his executors, adminiftrators, and affigns, in manner following, (that is to fay), that he the faid H. W. fhall not, nor will at any time here. after, during the lives of the faid T. W. and S. H. on the life of the furvivor of them, without the confent of the faid T. W. his executors, adminiftrators, or affigns, firft had and obtained for that

this appoint

ment.

Or do any act

purpose in writing, under his and their hand or hands, revoke, alter, or make void, the power. by which it may hereby given to the faid F. W.; or do, commit, or receiver pre- or fuffer, or cause to be done, committed, or

become void,

vented collect

ing.

fuffered, any act, matter, or thing, whereby the fame powers, or any of them, may become void; or the faid F. W. or any future receiver to be appointed as hereinafter is mentioned, may be obstructed in, or prevented from, receiving and recovering the rents and profits of the faid mesfuages, &c. for the purposes aforefaid. AND further that if the faid F. W. fhall happen to die

nants to appoint

W. Covenant from

• trustee to re

and ceive and apply faid trufts.

on the aforefaid

or shall be rendered incapable to collect and re- ANNUITY. ceive the faid rents and profits, or fhall neglect or In cafe of death refuse to act and proceed as fuch receiver as afore- of receiver, said, at any time before the death of the furvivor grantor coveof the faid T. W. and F. W. then and in any of another. the faid cafes, he the faid H. W. his executors, administrators, or affigns, fhall and will conftitute and appoint fuch other proper perfon or perfons as the said T. W. his executors, administrators, or affigns, fhall nominate and approve of, to be receiver and receivers of the faid rents and profits; which perfon or perfons fo to be appointed fhall collect, receive, and manage the fame, in the manner and for the purposes aforefaid, and fo from time to time, and as often as any of the like cafes fhall happen, before the death of the furvivor, of the faid T. W. and F. W. AND the faid F. doth hereby for himself, his heirs, executors, administrators, covenant and agree with the T. W. and H. W. and each of them, and the executors, adminiftrators, and affigns of them and each of them, in manner following (that is to fay), that he the faid F. W. fhall and will from time to time pay and apply the money which fhall come to his hands, by and from the rents and profits of the faid meffuages, in the first place to and for the payment of the ground rent of, referved by the faid indenture of leafe, and in the next place to and for the payment of the faid annuity or yearly fum of, and all fuch fum and fums of money, cofts, and expences, as the faid T. W. his executors, adminiftrators, or affigns or any of them fhall pay or expend for infuring the faid meffuages, &c. or any of them, from damage by fire as hereinbefore is mentioned, with intereft for the fame fum and fums of money, cofts

LEGACY. and expences as aforefaid, and then and in such case well and truly account for, answer, and pay to the faid H. W. his executors, adminiftrators, and affigns, all the clear furplus of the rents and profits which fhall be fo collected and received by the said T. W. as aforefaid, over and above fo much thereof as shall from time to time be paid as laft hereinbefore is mentioned, and as fhall be retained and applied by the faid F. W. in fatisfaction of his neceffary charges and expences, collecting, receiving, paying, and remitting the faid rents and profits or any of them according to the true intent and meaning of these prefents. In witness, &c.

The Operative Part of an Alignment of a Share of the refiduary Property of a Teftator, Part of which bad been before difpofed of, with a very Special

Power to receive it.

THIS INDENTURE, &C.

AND WHEREAS, the faid debts or fums of money, payment whereof was meant to be provided for by the said indenture of affignment of the faid day of, have fince, by virtue of the trufts of the indenture, been in part paid off and satisfied, but not wholly, but the feveral debts and furns of money secured by the said hereinbefore in part recited indentures of affignment, of the days of - now last past, are ftill. wholly unpaid and undifcharged. AND whereas, the faid H. I. hath contracted and agreed with the faid H. S. for the fale to him of two fifth parts, (the whole into five equal parts to be divided) of all his the faid W. I.'s share and inte

and