To use of

trustees.

copyhd or customary messuages, lands, tenemts, hereds, and premes in the within written indre comprd and thby covenanted to be surrendered, or which are now by any means vested in the sd F. upon the trusts of the sd indre, TO THE USE of the sd F. and K., their hrs and assigns, according to the custom of the sd manor, and under and subjt to the rents, fines, and services due and of right accustomed for the same, and subjt to the tenancies affecting the same premes, but upon and for the trusts and pposes upon and for which the sd premes ought to be held under or by Covenant virtue of the within written indre. Covenant by F. with

APPOINTMENT (endorsed) of a NEW TRUSTEE of a SETTLEMENT of MONEY to be produced by the SALE of REAL ESTATE conveyed by deed of even date with the Settlement in trust for sale with a DECLARATION of trust of the PURCHASE-MONEY by reference to the Settlement. VARIATIONS, where PART of the property has been sold. To accompany the last Precedent.

PARTIES, the within named F., surviving trustee, 1; the within named A., the husband, 2; K., new trustee, 3. ReRecitals. citals of the marriage, surrender of the copyholds, “comprd in the within recited indre of even date with the within written indre," and admittance of F. and G., the original trustees. [Sale of part of freeholds, "comprd in the sd within recited

(e) See above, p. 108, note.

sd

of sale

of stock.

even date

tees of conveyance.

indre," as in last precedent: AND WHAS the net proceeds of Investment the sd sale (after paymt of costs), amounting to £, were monies. on the day of invested by the sd F. and G., in the pchase in their names of the sum of £- —, &c., Annuities: Conversion. AND WHAS the sd last-mentd sum was in the year converted by Act of Parliament into the sum of £, &c., Annuities.] Recitals of [residue of] freeholds and copyholds being unsold, and deaths of C., the wife, and G., the deceased trustee, see last Precedent: AND WHAS by an indre of Deed of even date with and expd to be made between the same appointing pties as these presents, and endorsed on the sd within re- new truscited indre, the sd K. has been duly appointed by the F., with the consent of the sd A., to be a trustee of the same indre in the place of the sd G. And [the unsold pts of] the sd freehd and copyhd hereds and premes have been duly conveyed and covenanted to be surrendered resply to the use of the sd F. and K., their hrs and assigns, upon the trusts of the sd within recited indre: AND WHAS the sd F., with the consent of the sd A., is desirous of appointing Desire to the sd K. to be tree of the within written indre, in the place appoint. of the sd G. [Recital of intention to transfer stock]. NOW THIS INDRE WITNETH, &c., appointment in exercise Appointof power in within written indre or statutory power of K. to ment. be a trustee thereof in the place of G., pp. 105-7. Declaration Declaration of trust of, "[the sd sum of £, &c., Annuities, when the of trust. same shall have been transferred as afsd, and] the monies to arise from the sale of [such pts of] the sd freehd and copyhd hereds [as are still unsold as afsd], and the trust funds and ppty which may from time to time represent the same resply, and the income thof, and the rents and profits of the said hereds until sold," by reference to the within written indre, p. 108.

IN WITNESS, &c.

Recitals.

Appoint

ment.

VII.

APPOINTMENT (endorsed) of a NEW TRUSTEE of a STRICT SETTLEMENT of FREEHOLDS and COPYHOLDS, the Trustees (as regards the FREEHOLDS) being only GRANTEES to USES and DONEES of powers, WITHOUT any LEGAL ESTATE, and the appointment being effected WITHOUT any CONVEYANCE of the Freeholds. VARIATIONS, where estates to preserve CONTINGENT REMAINDERS, or JOINTURE or PORTIONS terms are vested in the Trustees.

PARTIES, the within named A., tenant for life and donee of power of appointing new trustees, 1; the within named F., retiring trustee, 2; the within named H. and K., continuing trustees, 3; L., new trustee, 4. Recite marriage, surrender of copyholds to use of and admittance of trustees pursuant to settlement, desire of F. to retire, desire of A. to appoint new trustee. NOW THIS INDRE WITNETH, &c., appointment by A. of L., "to be a tree of the within written indre in the place of the sd F., for the several pposes for which the sd F. was appointed a tree by the same indre," pp.105-7. [AND THIS INDRE FURTHER WITNETH estates to that, for further effectuating the sd appointmt, and in contingent psuance of the direction in this behalf in the within written indre, or, "the sd statute," contd, the sd F., H., and K. do hby grant unto the sd H., K., and L. and their hrs (u), ALL AND SINGULAR the manors, &c., by the within written indre limited or assured unto or to the use of the sd F., H., and K. and their hrs, during the life [respive lives] therein mentd, or for any other este or interest of a freehd nature (b): TO HOLD the sd premes hby granted

Grant of

preserve

remain

ders.

(a) See above, p. 111, note.

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

to trustees.

ment of

tions terms.

to trustees.

UNTO AND TO THE USE of the sd H., K., and L. and their Habendum hrs, for all the este or estes, interest or interests of a freehd nature, by the within written indre limited to the use of or vested in the sd F., H., and K. and their hrs, nevertheless upon the trusts, and with and subjt to the powers and provons hinafter decld and contd concerning the same]: [AND THIS INDRE ALSO WITNETH that, for further effect- Assignuating the sd appointmt and in psuance of the direction jointure afsd, the sd F., H., and K. do hby assign unto the sd and porH., K., and L., their exs, ads, and assigns, ALL AND SINGULAR the manors, &c., by the within written indre limited and assured to the use of them, the sd F., H., and K., their exs and ads, for the respive terms of years within mentd: TO HOLD all the sd premes hinbefore expd to Habendum be hby assigned UNTO the sd H., K., and L., their exs, ads, and assigns, for all the terms of years, estes, and interests by the within written indre limited to or vested in the sd F., H., and K., their exs, ads, and assigns, nevertheless upon the trusts, &c., as above.] AND THIS INDRE Covenant ALSO WITNETH that, for further effectuating the sd der copyappointmt and in psuance of the direction afsd, each of holds. them, the sd F., H., and K., so far only as relates to the acts of himself and his own hrs, doth hby covenant with the sd L., his hrs and assigns, that they, the sd F., H., and K., or their hrs, covenant to surrender copyholds at expense of trust estate to the use of H., K., and L., and their heirs, see p. 119, nevertheless upon the trusts, d'c., as above.-Declara- Declaration tion of trust of, "the sd respive premes hinbefore [granted, assigned, and] covenanted to be surrendered," p. 108 (c).— Covenant against incumbrances by F., H., and K., with L., Covenant "his hrs, exs, ads, and assigns resply." See above, p. 108, incumagainst and note.

to surren

of trust.

brances.

IN WITNESS, &c.

(c) As there are no stocks, &c., the separate declaration of trust is unnecessary, and it would be better to insert the declaration at the end of the habendum, &c., as in Prec. V.

VIII.

APPOINTMENT of NEW TRUSTEES (the NUMBER being increased) of a WILL containing a general devise and bequest of Freehold, Copyhold, Leasehold, and Personal Estate in TRUST for CONVERSION. CONVEYANCE and ASSIGNMENT of the Trust PROPERTY, PART having been converted and the PROCEEDS invested in various securities. VARIATIONS, where the COPYHOLDS are not devised to but directed to be sold by the Trustees: and where the appointment is made under the STATUTORY POWER.

Recital of H. and K., new trustees, 3.

will.

PARTIES, A., continuing trustee, 1; B., retiring trustee, 2; WHAS X., late of, &c., deceased, duly made and executed his will, dated, &c., and thby after bequeathing certain legacies and annuities, devised and bequeathed all his freehd [copyhd] and leasehd estes, and all the residue of his personal este unto and to the use of the sd A. and B., their hrs, exs, ads, and assigns respively, upon the trusts thinafter mentd, and he thby directed his sd trees to sell, convert, and get in the same [and also all his, the sd testor's, copyhd estes] and to invest the proceeds thof and otherwise as therein mentd. And the sd testor thby authorised the postponemt of such sale and conversion. [And he thby devised unto the sd A. and B. and their hrs all estes vested in him upon any trust or by way of mtge, subjt to the trusts and equity of redemption subsisting therein resply] (a): [And the sd will contd a power, &c., recite power, if any, to appoint new trustees and to increase the number, vested in the surviving or continuing trustee or trustees, including retiring trustees, fully]: And the sd testor

(a) The testator is supposed to have died before the 1st January, 1882; see Conv. Act, 1881, s. 30.