pts or shares and premes in such mner as equal he or they shall direct. IN WITNESS, &c. II. DECLARATION of TRUST, by deed poll, of MORT- Origin of TO ALL TO WHOM THESE PRESENTS shall come, A., of &c., B., of &c., and C., of &c., send greeting. Recite mortgage of even date from X. to A., B., and C., on a joint account: NOW THESE PRESENTS WITNESS Witthat the sd A., B., and C. do hby resply declare that the nesseth. sd sum of £ -mentd in the sd recited indre of even date herewith to be lent by them to the sd X. as afsd was not money. their own proper money, but was realised by them by the sale of the sum of £ 3 per cent. Annuities, pt of the sum of £———— like annuities which was standing in the names of the sd A., B., and C., as trees and exs under the will dated, &c., and proved on, &c. of G. of &c., deceased, the sd sum of £ Annuities being pt of the personal este of the sd G. AND THE sd A., B., and C. do hby Declaration resply testify and declare that they and their hrs, exs, ads, and assigns, shall stand possessed of the sd sum of £secured by the sd indre of even date herewith as afsd, and the interest thof and the secs for the same, and all benefit thof, UPON the trusts upon which the same ought to be held in consequence of the sum of £ so lent by them as afsd, having been pt of the personal este of the sd G., deceased. IN WITNESS, &c. (a) A declaration of trust, though usually dispensed with in this case, is sometimes desirable. For a declaration of trust where the money is advanced by the lenders in unequal shares, see post, MORTGAGES. of trust. DEEDS, FORMAL PARTS OF. Commencement of indenture of two parts without recitals. I. THIS INDRE, made the day of BETWEEN A. (a) of, &c., of the one pt, and B. of, &c., and C. of, &c., of the other pt, WITNETH that, &c. [AND THIS INDRE ALSO WITNETH, &c.] II. THIS INDRE, made the day of BETWEEN A. The same of, &c., of the first pt, B. of, &c., of the second pt, and C. of, of several recitals. parts with &c., and D. of, &c., of the third pt. WHAS, &c. Now THIS INDRE WITNETH that, &c. [AND THIS INDRE ALSO WITNETH, &c.] Commence ment of deed poll without recitals. The same with recitals. Endorsed deed (b). Commencement of deed sup III. KNOW ALL MEN BY THESE PRESENTS that I, A. of, &c., [We, A. of, &c., and B. of, &c.], do, &c., use the first person throughout. IV. TO ALL TO WHOM THESE PRESENTS shall come, A. of, &c., sends [A. of, &c., and B. of, &c., send] greeting. WHAS, &c. NOW THESE PRESENTS WITNESS that, &c. V. THIS INDRE, made the VI. THIS INDRE, made the day of BETWEEN pt, and B. of, &c., of the day of, BETWEEN A. of, &c., of the first pt, B. of, &c., of the second pt, and C. of, &c., plemental, of the third pt, supplemental [intd to be read as an annex] to an indre dated, &c., and expd to be made between, &c., or to be read as an annex, to a prior instru ment (c). (a) As to the various methods of describing the parties, see Elph. Introd. Conv., pp. 81-85. 66 (b) The principal deed will be referred to as the "within written indenture, matters recited in it as within recited," and persons or matters mentioned in it as within named " or 66 'mentd," the first time they are mentioned. If the reference is to a prior endorsed deed, or to a principal deed to which the subsequent deed is annexed instead of being endorsed, the word "above" will be substituted for "within." (c) For recitals making a deed supplemental, &c., see p. 333. As to supplemental deeds, see the Conv. Act, 1881, s. 53; above, pp. 75, 78 notes. and hinafter called the principal deed [and another indre dated, &c., and expd, &c., and hinafter called, &c.]. where the are de are scribed in VII. THIS INDRE, made, &c., as in last form, supplemental The same [intd to be read as an annex] to the several indres, deeds prior in. poll, and instrumts, the parlars and natures whof, togr struments with the names or descriptions by which the same hinafter referred to, are specified in the schedule hto. VIII. IN WITNESS whof the sd pties to these presents have hereunto (d) set their respive hands and seals the day monium of and year first above written. a schedule (c). Testi an indenture. monium of IX. IN WITNESS whof the sd -, Company or Corpora- Testition, have hereunto caused their common seal to be affixed, and the sd other pties hto have, &c., as in preceding form. an indenture where a company X. IN WITNESS whof the sd pties hto of the first, second, or corporaand third pts have hereunto set their respive hands and tion is a seals, and the sd, Company or Corporation, have, &c., The same. the day and year first above written. day of party. Another form. Testi indenture XI. IN WITNESS whof K. of &c., attorney, by virtue of power of attorney under the hand and seal of the above-monium of named A. dated the hath hereunto set the executed hand and seal of the sd A. [or, K. of, &c., as attorney for under a the above-named A. by virtue, &c., hath hereunto set his attorney. hand and seal (e)] and the sd other pties, &c. power of XII. IN WITNESS whof the sd A. [I the sd A., or, we the Testisd A. and B.] hath [have] hereunto set his [my] hand and monium of seal [our respive hands and seals] the- day of XIII. IN WITNESS whof the sd a deed poll. -,Corporation, have caused The same their common seal to be affixed this day of XIV. GIVEN under the common seal of the sd day of The same. XV. SIGNED, SEALED, and DELIVERED by the within-named Attestation A., in the presence of B. of, &c. C., clerk to Messrs. K. and L. of, &c., Solicitors. (d) Where a deed is in two parts, one executed by each party (e.g., a lease and counterpart), the word "interchangeably " is sometimes inserted here. (e) See the Conv. Act, 1881, s. 46. of a deed. Attesta tion where there are XVI. SIGNED, SEALED, and DELIVERED by the withinnamed A., the words having been previously erased in erasures or [written on an erasure in] [interlined between] the tenth and eleventh lines of the first skin, and the words interlinea tions. Subsequent attestation where the first has noticed erasures, &c. Attestation of execu tion by marksman. Attestation where a party is blind or illiterate. where a having been previously erased in the third line of the second skin, in the presence, &c. XVII. SIGNED, SEALED, and DELIVERED by the withinnamed B., the erasures and interlineations noticed in the attestation of the execution by the within-named A., having been previously made, in the presence, &c. XVIII. SIGNED by setting his mark, and sealed and delivered by the within-named A., he being unable to write, in the presence, &c. XIX. SIGNED, SEALED, and DELIVERED by the withinnamed A., the same having been first read over to him, he being blind [unable to read the same], in the presence, &c. XX. SIGNED, SEALED, and DELIVERED by K., attorney, as Attestation the attorney of the within-named A., in the presence, &c. XXI. THE COMMON SEAL of the within-named, Comexecuted pany or Corporation, was affixed to the within-written indre in the presence of us, deed is by attorney. Attestation of execu tion by a company or corpora A. and B., [Directors. XXII. SIGNED, SEALED, and DELIVERED by the respive tion. pties whose names are subscribed in the Attestation where some column of this schedule, in the presence of the respive psons whose of the sig names are subscribed in this column opposite to the names natures are in a schedule. Receipt endorsed (f). of such respive pties. XXIII. RECEIVED of the within-named A. the sum of £, being the conson money within expd to have been paid by him to me. Witness, Dated the day of Signed B. (ƒ) This is now seldom required. See the Conv. Act, 1881, s. 54; above, p. 341, note. DIRECTION AND CONSENT. 1. To A., B., C., and D., the trees of an indre dated, &c., Consent to being the settlemt made on our marre. now trustees of settlement investing in funds. We hby consent to your investing the sum of £in your hands as trees of the sd settlemt, in the pchase of Consolidated 3 per Cent. Annuities. AS WITNESS our hands this day of To be signed by the husband and wife. Request to trustees of will to vestment. II. To A. and B., the trees of the will of the late I do hby request you to sell the sum of £, Reduced 3 per Cent. Annuities now standing in your names as such change intrees, and representing, or, "forming pt of," the share, to the income whof I am entled for life, of the residuary este of the sd testor, and to invest the net proceeds of such sale (after paymt of the expenses of the sale and reinvestmt) in the pchase of £per cent. Debenture Stock of the Railway Co. [or in case such investmt shall, owing to the state of the market, or for any other reason be deemed inexpedient, then in the pchase of, &c., or in any other investmt authorised by the sd will]. AS WITNESS, &c. To be signed by the tenant for life. ш. To A., B., and C., the trees of a settlemt, dated, &c., Direction made on our marre. We do hby request you to call in the sum of £ (forming pt of the funds subjt to the trusts of the to trustees to call in mortgage and pur sd chase land. |