use of H. and K.-assignment by A., "as trustee," to H. and K. of leaseholds and personalty-and declaration of trust of the property conveyed and assigned, as in last Precedent, adding a reference to the codicils.

IN WITNESS, &c.

Supplemental

to the

X.

APPOINTMENT by SUPPLEMENTAL DEED of THREE

NEW TRUSTEES of a SETTLEMENT of real and personal estate, under the provisions of the CONVEYANCING ACT, 1881, where one trustee is DEAD, another a LUNATIC, and the third has gone to RESIDE ABROAD. DECLARATION by the APPOINTOR VESTING the TRUST ESTATE in the new trustees. A short form(a).

PARTIES, A., donee of power, 1; B., C., and D., new trustees, 2. Supplemental to an indre dated, &c., and expd, &c., being the settlemt executed on the marre of the settlement, sd A. with the sd K., his late wife, the power of appointing new trees whof is vested in the sd A., and supplemental to an indre of, &c., being an appointmt of the sd L. to be a tree of the sd indre of settlemt in the place of M., one of the trees thof who was dead, jointly with the sd N. and O., and supplemental to an indre of, &c., whby the several freehd

and to former appointment of

new

trustee,

(a) See as to making the deed supplemental to the settlement and the prior supplemental deeds, section 53 of the Conv. Act, 1881, and above, p. 75, note; and as to the power to appoint new trustees and to vest the trust estate by the declaration of the appointor, ss. 31 & 34 of the Act, and above, p. 105, note.

day of

duly sur

transfer

of copy

holds.

one trustee, lunacy of

and has

of the third.

and leasehd hereds, the short parlars of which are resply and deed contd in the first and second parts of the schedule hto, were ring trust assured to the sd L., N., and O., as to such of the sd estate. hereds as are of freehd tenure in fee simple, and as to such of the sd hereds as are of leasehold tenure for the respive residues then unexpired of the terms granted by the several indres of lease therein recited, and the several copyhd hereds and premes, the short parlars whof are contd in the third pt of the sd schedule hto, were covenanted to be surrendered to the sd L., N., and O. and their hrs, on the trusts of the sd indre of settlemt: AND WHAS the sd copyhd Surrender hereds and premes, were on the rendered in psuance of the sd covenant, and the sd L., N., and O. were duly admitted thto: AND WHAS the sd L. died Death of in the year : AND WHAS the sd N. is of unsound mind and has been so found by inquisition dated, &c., [or, but has another, not been so found by inquisition]: AND WHAS the sd O. in and absence the month of went to reside abroad at ever since remained and still remains abroad. point B., C., and D. trustees in the place of L., AND WHAS the ppty now subjt to the trusts of the sd indre Present of settlemt consists of the sd hereds assured by the above- state of mentd indre of, &c., and the sd surrender and admittance, property. and which are resply specified in the first, second, and third pts of the sd schedule hto, and the several bond debts, policies of assurance, reversionary interests, and annuities. or yearly sums which are resply specified in the fourth pt of the sd schedule, and the furniture and effects which are specified in the fifth pt of the sd schedule, and the several mtge debts, stocks, funds, shares, and secs which are resply specified in the sixth pt of the sd schedule: AND WHAS it is Copyholds, intended that the sd copyhd hereds and premes, and the sd and stocks mtge debts and the secs for the same, and the sd stocks, to be funds, shares, and sees which are resply mentd or specified separately. in the third and sixth pts of the sd schedule hto shall, as soon as may be, be assured or transferred to or vested in the sd B., C., and D., upon the trusts of the sd indre of

Desire to ap

N., and O. :

trust

mortgages,

transferred

ment.

Vesting declaration.

holds and

leaseholds,

Appoint settlemt (b). NOW THIS INDRE WITNETH that the sd A., in exercise of the power for this ppose vested in him by the sd indre of settlemt and the Conveyancing and Law of Property Act, 1881, and of every other power in this behalf him enabling, doth hby appoint, &c., appointment of B., C., and D. trustees in place of N., L., and O.: AND THIS INDRE ALSO WITNETH that, for effectuating the sd appointmt and in psuance of the direction in this behalf in the above-mentd statute contd, and in exercise of the power in this behalf in the same statute contd, he, the As to free- sd A., doth hby declare that, FIRST, the several freehd and leasehd hereds and premes mentd or described in the first and second pts of the schedule hto and all other, if any, the freehd and leasehd hereds and premes assured by the sd indre of, &c., or which are now by any means vested in the sd N. and O., as such surving trees as afsd (exclusive of any lands or hereds vested in them by way of mtge for securing any money subjt to the trusts of the sd indre of settlemt), and all the este and interest of the sd N. and O., as such Choses in surviving trees as afsd, in the same respive premises, AND action, SECONDLY, the several bond debts and interest, policy monies, reversionary interests, annuities or yearly sums, and premes specified in the fourth pt of the sd schedule hto, and the right to recover and receive the same respive premes, and all the este and interest of the sd N. and O. as such surviving trees as afsd therein, AND THIRDLY, all the furniture and furniture. effects specified in the fifth pt of the sd schedule hto, and all the este and interest of the sd N. and O. as such surviving trees as afsd therein, shall resply vest in the sd B., C.,

and

(b) If the copyholds have not been actually surrendered to the trustees, so that the legal estate is outstanding, the equitable interest (that is to say, the right to call for a conveyance of the legal estate) may be included in the vesting declaration, though it would undoubtedly pass to the new trustees by virtue of their appointment and without any transfer, see above, p. 106, note. The lunacy of one of the trustees would in this case necessitate an application to the Court under the Trustee Act, 1850, in order to effect the transfer of hose portions of the trust estate which cannot be vested by the appointor's declaration.

and D., their hrs, exs, ads, and assigns resply, as joint tenants, upon and for the trusts and pposes upon and for which the same resply ought to be held by virtue of the sd indre of settlemt or otherwise.

IN WITNESS, &c. (c)

The schedule above referred to.

[Schedule in six parts, containing short particulars of trust estate.]

XI.

DEED executed on the RETIREMENT of one of three
trustees of a SETTLEMENT, under the CONVEYANCING
ACT, 1881 (a). A short form by SUPPLEMENTAL
DEED without recitals.

PARTIES, A., Donee of power of appointing new trustees, 1;
B., Retiring trustee, 2; C. and D., continuing trustees, 3.
Supplemental to an indre of settlement dated, &c., WIT-
NETH, as follows:-

be dis

1. THE sd B. hby declares that he is desirous of being Desire to discharged from the trusts of the above mentd indre of charged. settlemt.

appointor

trustees.

2. THE sd A., C., and D. consent to the discharge of the Consent of sd B. from such treeship, and to the vesting in the sd C. and conand D. alone of the ppty now held upon or subjt to the tinuing trusts of the sd indre of settlement [the short parlars of which are stated in the schedule hto, and all other, if any, the ppty so held or subjt] (b).

(e) Notice of the deed should be given, as regards the choses in action transferred by it, to the several debtors, insurance offices and trustees. (a) See ss. 32, 34; and above, p. 103, note; and as to supplemental deeds, see s. 53, and p. 75, note.

(b) It would be proper, though not essential, to insert a short statement of what the trust property consists of, referring if convenient to a schedule.

Declara

estate.

3. THE sd A., B., C., and D. hby declare that all the tion vesting trust este and interest now vested in the sd B., C., and D., or any of them, in the and premes mentd in the first part of the sd schedule hto, or, " in any lands (c), hereds or chattels subjt to the trusts of the sd indre of settlemt, not being a legal este or interest in copyhd or customary lands or hereds, and not being lands. or hereds vested in the sd B., C., and D., or any of them, by way of mtge for securing money subjt to the trusts of the sd indre of settlemt, and also the right to recover and receive any debts or other things in action subjt to the trusts of the same indre," shall vest in the sd C. and D. alone, their hrs, exs, ads, and assigns resply, according to the nature of the ppty, upon the trusts of the sd indre of settlemt (d). [Or (e), THE sd B. doth hby as trustee release unto the sd C. and D., their hrs, exs, ads, and assigns resply, according to the nature of the ppty, ALL AND SINGULAR [the and premes mentd in the first pt of the sd schedule hto, and all other, if any,] the ppty, este, and effects whatsoever, whether real or personal, now vested in the sd B., C., and D., at law or in equity, upon the trusts of the sd indre of settlemt [other than lands or hereds vested in them, the sd B., C., and D., by way of mtge for securing money subjt to the trusts of the same

Or, Convey

ance by retiring trus

tee by release.

Mode of

(c) Where the property is vested by a declaration containing only a describing general description, it may be convenient to follow the language of the Act property. in the description, except that the draftsman must beware of using the word “land” alone as descriptive of hereditaments, since that word would not in a deed have the comprehensive meaning which it has in the Act (by s. 2). (d) See above, p. 107, note.

(e) As the retiring trustee must be a party to the deed, his interest in the As to retiring trust property may be conveyed in the ordinary way (by release of his trustee estate in joint tenancy to his co-trustees), as in the text. If there are mortconveying gages they should be excepted and transferred by separate deeds. But the by release. release may, it is considered, extend to the legal estate in copyholds (see Scriven on Copyholds, p. 116), and in this respect the conveyance has an advantage over a vesting by declaration under the late Act; and the former has the further advantage that it enables a covenant against incumbrances to be implied under the Act (see above, p. 108, note), which must otherwise be expressed.