Where A, by deed, directed his attorney in fact, to pay annually out of the income of his estate, a certain sum to B, during the joint lives of A and B, and A afterwards became insane — Held, that in law, this deed was a grant of an annuity, and not revoked by his insanity.
*47This bill was filed for an account of the estate and effects of the plaintiff, which have been managed for many years by Bryan, acting under a power of attorney from the plaintiff. There was no difficulty in the accounts, and the only question presented to the Court was this :
On the 20th November, 1850, Bryan being then alive, the plaintiff executed a deed, the material part of which was as •follows:
“ Know all men by these presents, that I, Joseph Blount, do hereby authorize, direct, and empower James L. Bryan, whom I have heretofore constituted my attorney in fact, to jiay from the income of my estate, the sum. of seven hundred dollars annually to Frances C. P. Hill, &c., and to continue to pay the same during the joint lives of myself and the said Frances, unless otherwise directed and required by writing, under my hand. And in case of my decease, without having made a revocation of the payment of the said annuity, I do hereby expressly declare that the payment of 'the same shall cease immediately thereupon.” And by a subsequent part of the deed, the plaintiff directed in the same terms, a yearly sum of three hundred dollars, to be paid to Elizabeth A. Cheshire.
The question was, whether the payment of these yearly sums was revoked, or suspended, by the subsequent insanity of the plaintiff.
Fowle, for the plaintiff.
Badger, for the defendant.
Battle, J.
¥e are of opinion, that upon the true construction of the instrument in question, it is, in legal effect, a grant of annuities to Mrs. Hill and Mrs. Cheshire, during life, payable semi-annually, as therein specified.
Being the grant of an incorporeal hereditament, under the hand and seal of the grantor, it required no consideration, and passed by the delivery of the deed, and was not revoked, or annulled by his subsequent insanity.
Pee Cukiam. Decree accordingly.