OF THE A WILL. the said will, and also the offices of trustee and executor of the TRUSTS OF said will, and all trusts, powers and authorities whatsoever by the said will expressed to be made or given to them the said A. B. and C. D. their heirs, executors, administrators and assigns, and all rights and privileges thereunto relating or in anywise belonging or annexed (a). IN WITNESS, &c. OF THE TRUSTS OF A SETTLE MENT. No. CXIX. DISCLAIMER of the Trusts of a SETTLEMENT. TO ALL PERSONS TO WHOM these presents shall come, Recite settle- WHEREAS by an indenture bearing date the ment appointing disclaiming trustee one tees. day of and made or expressed to be made between [parties], in consideration of a marriage then intended and since solemnized of the trus- between the said C. D. and E. F., certain messuages or tenements and hereditaments of him the said C. D., situate and being at with their appurtenances, were expressed to be conveyed by the said C. D. unto and to the use of the said A. B. and also G. H., their heirs and assigns for ever, Upon the trusts therein declared concerning the same: AND WHEREAS the said A. B. hath not executed the said recited indenture, nor in any manner acted in the execution of the uses and trusts declared by the same indenture, nor hath he done any act which can amount to or be construed as an acceptance of the estates, uses and trusts thereby conveyed and declared to him or in his favour, or any of them, and he hath determined to renounce and Disclaimer wholly disclaim the same respectively. NOW KNOW YE, and by trustee. (a) The trustee should simply disclaim, and not profess to convey the property limited to him in trust. See Nichloson v. Wordsworth, 2 Swanst. 365. these presents witness that he the said A. B. hath absolutely and irrevocably renounced and disclaimed, and by these presents doth absolutely and irrevocably revoke and disclaim, ALL THE SAID messuages or tenements, hereditaments and premises by the said recited indenture granted or otherwise assured, and all the estate, right, title, interest, inheritance, uses, trusts, powers and authorities whatsoever by the said recited indenture expressed to be conveyed and declared, or which he the said A. B. could, or might jointly with the said G. H. the other trustee of the settlement or otherwise, have, hold, take, exercise or perform under or by virtue of the said recited indenture. IN WITNESS, &c. OF THE TRUSIS OF A SETTI E. MENT. DECLARATIONS OF TRUST. AS TO MONIES ADVANCED ON ACCOUNT OF INSUR ANCE SOCIETY. Party. Recital of mortgage, No. CXX. DECLARATION of TRUST by TRUSTEES, with reference to MONEY advanced in their names by an INSURANCE SOCIETY on a MORTGAGE in FEE. TO ALL TO WHOM these presents shall come, A. B., of &c., C. D., of &c., and E. F., of &c. [trustees], severally send greeting: WHEREAS by an indenture bearing even date with these presents, and made, &c., the manors, &c., situate, &c., and in the said indenture particularly described, were, in consideration of the sum of £, in the said indenture expressed to be advanced and lent by the said A. B., C. D. and E. F. to the said G. H., duly appointed, conveyed and assured by the said G. H. unto and to the use of the said A. B., C. D. and E. F., their heirs and assigns, but subject nevertheless to a proviso for the redemption of the said hereditaments on payment by the said G. H., his heirs, executors, administrators or assigns, unto the said A. B., C. D. and E. F., or the survivors or survivor of them, or the executors or administrators of such survivor, their or his assigns, of the sum of £—, with interest for the same at the time, after the rate, and in manner and that the therein mentioned: AND WHEREAS in point of fact the said sum of £ sum ad vanced had in the said indenture expressed to be advanced AS TO MONIES ADVANCED ANCE gagees out Declaration by mortgagees, advanced by monies be assurance and paid by the said A. B., C. D. and E. F. to the said G. H. as aforesaid, was advanced and paid out of certain monies belonging to the Assurance Society, and formed part of the oN ACCOUNT funds of the said society, called the Fund, and the names of OF INSURthe said A. B., C. D. and E. F. were used in the said recited SOCIETY. indenture as trustees for the said society, and in pursuance been paid of the regulations under which the said society has been by mort established: NOW THESE PRESENTS WITNESS, and the of monies belonging to said A. B., C. D. and E. F., do hereby acknowledge and declare society. that the said sum of £- in the indenture expressed to have been paid to the said G. H., by the said A. B., C. D. and E. F., that monies was so advanced by the direction of the said society, out of had been money belonging to the said society, constituting part of the them out of fund called the Fund, and that the several names of them longing to the said A. B., C. D. and E. F. were used and inserted in the society, said indenture, and that the said sum of £— and the interest thereof thereby secured to them the said A. B., C. D. and E. F., their executors administrators and assigns, were secured, in trust only for and for the benefit of the said society: AND THAT they and that the said A. B., C. D. and E. F., their executors, administrators hold the and assigns, shall henceforth stand and be possessed of and in- mortgage terested in the said sum of £, and the interest thereof, trust for the and all securities taken and to be taken by them, or in their names, for the same sum of £ and the interest thereof, in trust only for and for the benefit of the said society, and to be paid, assigned and transferred, as from time to time shall be directed or appointed by the directors for the time being of the said society, or any two of them, or in pursuance of the regulations contained or to be contained in the deed or other instrument for the settlement and establishment of the said society. IN WITNESS, &c. they would said society. AS TO A SUM BY TRUS TFES ON MORTGAGE. No. CXXI. DECLARATION of Trust of a sum of MONEY advanced TO ALL PERSONS TO WHOM these presents shall come, Recite mort- WHEREAS by an indenture bearing date the gage to trustees and executors. That ad vance was trust monies. Declaration that mortga gees will hold the day of and made or expressed to be made between [parties]: [Here recite mortgage of freehold lands to A. B. and C. D., to secure the sum of £ advanced by them and interest]: AND WHEREAS made out of the said sum of £ so advanced by the said A. B. and C. D., as in the said recited indenture is mentioned, was not the proper money of them the said A. B. and C. D., but was money belonging to them as surviving trustees and executors of the last will and testament of G. H., late of deceased, dated the day of ——, and proved with a codicil thereto, on the day of NOW KNOW YE, and these presents witness, and the said A. B. and C. D. do hereby respectively testify and declare, that they the said A. B. and C. D., and the survivor of them, and the heirs, executors and administrators of such survivor, their or his assigns, shall henceforth stand and be possessed of and interested in the said sum of £secured to them by the said recited indenture as aforesaid and the interest thereof, Together with the securities for the same, and all benefit and advantage thereof respectively, Upon and for such trusts, intents and purposes, and under and subject to such powers, provisoes, declarations and liabilities whatsoever as the same respectively are or ought to be subject or liable to in consequence of the said sum of £, so advanced and lent by the said A. B. and C. D. as aforesaid, being part of the estate of the said G. H., deceased. IN WITNESS, &c. money and securities in trust. |