Part of

funds applied for

ment of a

the children of the marre after the decease of the sd A. and C., or during the lifetime of them or the survor of them with their, his, or her consent in writing: And it was thereby decld, &c., power for the appointment of new trustees on death or resignation vested in the husband and wife, or the survivor, and afterwards in the surviving or continuing (including retiring) trustees, to be set out fully: AND WHAS on the day of the sum of £- -pt of the sd sum of £Annuities was (with the consent of the sd A. and C., testified advanceby a deed poll under their respive hands and seals dated, son. &c., and endorsed on the sd indre of settlemt) sold by the sd trees (leaving the sum of £ like Annuities remaining invested in their names), and the proceeds thof were applied by them for the advancemt of D., one of the children of the sd marre AND WHAS the sd C. died on the —, without having concurred with the sd A. in exercising the joint power of appointmt by the sd settlemt given to them as afsd: AND WHAS there were issue of the sd marre Family. three children and no more, viz., the sd D., who attained

the age of 21 years on the day of

wife of P., with whom she intermarried on the

day of Death of

S., now the

day of

wife.

one trustee

and apof new

and T., who is still an infant: AND WHAS the sd E. Death of died on the day of and by an indre (endorsed on the sd settlemt) dated, &c., and expd to be made, &c., the pointment sd L. was appointed by the sd A. to be a tree of the sd trustee. settlemt in the place of the sd E., and the sum of £- &c., Annuities, being the residue of the sd sum of £

like

annuities after the sale of £ part thereof for payment of expenses, was thereupon transferred into the names of the

sum to

sd L., G., and K.: AND WHAS by a deed poll under the hand Appoint and seal of the sd A., dated, &c., (and also endorsed on the ment of sd settlemt) the sd A. in exercise of the power in that daughter. behalf in the sd settlmt contd, appointed the sum of £, pt of the sd sum of £— Annuities to the sd S., and the sd A. thby also released to her his life interest in such appointed sum: And the balance of such sum, after paying or providing for the paymt of the succession duty payable in respect

thof, was accordingly, with the consent of the sd S., transferred by the sd trees to her husband, the sd P., leaving the sum of £— like Annuities remaining invested in their names upon the trusts afsd: AND WHAS the sd L., G., and Change of K., with the consent of the sd A., sold out the sd lastmentd sum on the and invested the ceeds thof in the pchase in their names of the sum of £Bank Stock: AND WHAS the sd A. died on the

invest

ment.

Death of husband.

Payment

of shares to

children,

except an infant.

Death of another

trustee.

of infant's

share on a

day of

pro

day of

without having exercised (save as afsd) the power of appointmt given by the sd settlemt to the survor of them, the sd A. and C.: AND WHAS upon the decease of the sd A. the sum of £- pt of the sd sum of £- Bank Stock, was sold out by the sd L., G., and K., and produced the the sum of £, and the sum of £pt thof, making with the sum so advanced for the benefit of the sd D., as afsd, which was brought by him into hotchpot, the amount of his share in the sd trust premes, was paid to him after deducting costs and the succession duty payable in respect thof, and the sum of £, further pt of the sd sum of £- making with the sum so appointed to the sd S., and paid to the sd P. her husband as afsd, which was brought by them into hotchpot, the amount of the share of the sd S. in the sd trust premes, was, with her consent, paid to the sd P. after deducting costs and succession duty, and the remr of the sd sum of £, produced by the sd sale, was applied in paymt of the succession duty payable in respect of the expectant share of the sd T. in the sd trust premes: AND WHAS the sd G. died on the day of -: AND WHAS the sum of £- the residue of the sd sum of £

day of

Investment Bank Stock after such sale as afsd, was, on the sold by the sd L. and K., and the proceeds thof, mortgage. amounting to £, were invested by them upon a mtge of Desire to certain freehd ppty, situate at, &c.: AND WHAs the sd K. is desirous of retiring from the trusts of the sd indre of settlemt, and the sd L. and K. are desirous of appointing the sd N. and Q. to be trees thof in the place of the sd G. and K.: AND WHAS the sd sum of £- and the secs for the same

retire.

Mortgage to be trans

ferred by

separate

are intd to be transferred by the sd L. and K. to the sd L., N., and Q., by an indre bearing even date with, and exe- deed. cuted immediately after these presents, and expd to be made Appointbetween, &c. NOW THIS INDRE WITNETH, &c., ment of appointment of N. and Q. to be trustees in the place of G. and new trusK., p. 105. Declaration of trust, p. 108, of, "The sd mort- Declaration gage debt of £ and interest, and the secs for the of trust. same.”

IN WITNESS, &c.

tees.

IV.

APPOINTMENT (endorsed) by deed poll or writing not under seal (a) under a power to appoint by deed or writing, or the statutory power, of a NEW TRUSTEE of a SETTLEMENT in place of a DECEASED TRUSTEE, where the trust PROPERTY is transferred by a SEPARATE INSTRUMENT (short form).

trust

TO ALL TO WHOM THESE PRESENTS SHALL COME, C., of, &c., widow, formerly D. within named, the tenant for life, sends greeting. Recite marriage, death of Recitals. husband, death of trustee, desire to appoint: AND WHAS the Present trust estate subjt to or held upon the trusts of the within state of written indre now consists of the stocks, funds, secs, hereds property. and ppty, the short parlars of which are contd in the schedule hto, and which are intd to be forthwith, or as soon as may be, transferred or assured so as to be vested in the sd, continuing and new trustees, jointly. NOW THESE PRE- Appoint

(a) Although the power, whether in the instrument or the statute, may be exerciseable by writing not under seal, it is better that it should be by deed, the stamp being the same.

ment and declaration.

SENTS WITNESS, &c., appointment of new trustee in place of deceased trustee, pp. 105-7. Declaration of trust, p. 108. IN WITNESS, &c.

[Schedule.]

V.

APPOINTMENT (endorsed) of a NEW TRUSTEE of a DEED (of even date with a Marriage Settlement) by which FREEHOLDS and COPYHOLDS were conveyed and covenanted to be surrendered to trustees in trust for SALE, with a DECLARATION of TRUST of the PURCHASE-MONEY by reference to the settlement (a). CONVEYANCE of the trust PROPERTY. VARIATION, where PART has been sold (b).

PARTIES, the within named F., surviving trustee, 1; the within named A., the husband, 2; K., new trustee, 3. Recital of the marriage: AND WHAS the within mentd copyhd Surrender. or customary hereds and premes were on the

Recitals.

Sale.

Present

state of property.

day of

were

duly surrendered to the use of the within named F. and G. and their hrs, psuant to the covenant in that behalf in the within written indre contd, and the sd F. and G. on the same day duly admitted thto: [AND WHAS the within mentd messuage and hereds, situate at, being pt of the freehd premes in the within written indre comprd, with the appurtenances, were on the day of sold by the sd F. and G., with the consent of the sd A. and C., the wife, and conveyed to the pchaser thof, in execution of the trusts of the sd indre]: AND WHAS [the residue of] the freehd and

(a) See the Precedents of two deeds for effecting a settlement of real or leasehold estate in this manner, infra, SETTLEMENTS.

(b) An appointment of a new trustee of the settlement will be executed concurrently. See next Precedent.

ment of

copyhd hereds in the within written indre comprd are still unsold. Recite deaths of C. and G., and desire to appoint K. in the place of the latter. NOW THIS AppointINDRE WITNETH, appointment by F., with consent of A., new trusof K. to be trustee in the place of G., pp. 105-7. AND THIS tee. INDRE ALSO WITNETH that in psuance of the direc- Grant. tion in that behalf in the within written indre, or, "the sd statute," contd the sd F. doth hby grant unto the sd F. and K., their hrs and assigns (d), ALL AND SINGULAR the freehd Parcels. messuages, lands, tenemts, hereds, and premes, situate in the respive parishes of and in the county of in the within written indre comprd or expd to be thby granted [except such pts thof as have been sold as hinbefore recited], and all other, if any, the hereds of freehd tenure which are now by any means vested in the sd F., upon the trusts of the within written indre (e): To HOLD the sd Habenpremes hby granted UNTO AND TO THE USE of the sd F. and K., their hrs and assigns, subjt to the leases and tenancies trustees. affecting the sd respive premes, nevertheless upon and for the trusts and pposes upon and for which the same premes ought to be held under or by virtue of the within written indre. AND THIS INDRE ALSO WITNETH that, to surin psuance of the direction afsd, the sd F. doth hby render covenant with the sd K., his hrs and assigns, that he, the sd F., or his hrs will forthwith at the cost of the trust este well and effectually surrender into the hands of the lord or lords, lady or ladies of the within mentd manor of

dum.

To use of

Covenant

copyholds.

according to the custom thof, ALL AND SINGULAR the Parcels.

(d) See above, p. 111, note. A conveyance to trustees must (notwith- Form of standing s. 30 of the Conv. Act, 1881, carrying trust estates to the conveypersonal representatives of the surviving trustee,) be made to them ances in fee of trust and their "heirs," (or, if preferred, “in fee simple," under s. 51 of the same estates. Act), as this is essential to pass a fee simple by deed. It is thought better in general to use the word "heirs" than the expression "in fee simple."

(e) As to the omission of the general words and all estate clause, see above, p. 112, note.