Recitals.

XIV.

APPOINTMENT by SUPPLEMENTAL DEED of new trustee of
a WILL in place of a trustee who is ABROAD where it is
DOUBTFUL whether the POWER is vested in the TENANT
FOR LIFE or the CONTINUING TRUSTEE (a).

PARTIES, A., tenant for life, 1; B., continuing tree, 2; C., new trees, 3. WHAS these psnts are intd to be supplemental plemental. to the will dated, &c., & proved, &c., of X. deced (hinafter

Deed sup

Trustee abroad.

Desire to appoint.

Appointment.

Vesting declaration.

Doubt as to donee of power.

refd to as the will) whof the sd B. & Y. are the psnt trees, &
whby it was provd that the power of apptg new trees thof in
the place of any tree or trees who shd die or be desirous of
being dischgd or refuse or become incapable to act shd be
vested in the sd A. durg his life: AND WHAS the sd Y. in the
yr
went to reside & has ever since resided at out of
the United Kingdom: AND WHAs the sd A. & B. are desirous
that the sd C. shl be appted to be a tree of the will in the
place of the sd Y., but it is considered doubtful whether under
the circes the power of apptg such new tree is vested in the sd
A. as the pson nominated for the ppose by the will, or in the
sd B. as the continuing tree thof: Recitals as to trust ppty,
&c. NOW THIS INDRE WITNETH, that the sd A., in
exercise of the power (if any) for this ppose vested in him by
virtue of the will & the Statute in that behalf, as the pson
nominated in that behalf by the will, & of every, &c. And
the sd B. in exercise of the power (if any) for this ppose vested
in him by virtue of the statute in that behalf as the continu-
ing tree of the will & of every, &c., do resply hby appt the sd
C., &c., apptmt, AND THIS INDRE ALSO WITNETH, that
in psuance, &c., & in exercise of the power for this ppose
vested in the sd A. or the sd B. (as the case may be) they,
the sd A. & B. do resply, &c., vestg declon. IN WITS, &c.

(a) This is the case of a will before the Conv. Act, 1881, in which the power in Lord Cranworth's Act of 1860 was relied on, the tenant for life being nominated to exercise it. As the Act of 1860 does not apply to a trustee resident abroad (the words "incapable to act " meaning personal incapacity, see Re Bignold, 7 Ch. 223), it is necessary to have recourse to the Act of 1893; and as it might be doubtful whether the power in that case was in the tenant for life or the continuing trustee (as to which see Re Walker, 24 Ch. D. 698, above, p. 100), they are both made to join in the appointment.

XV.

DEED executed on the RETIREMENT of one of three trustees
of a SETTLEMENT without the appointment of a NEW
trustee in his place, under the TRUSTEE ACT, 1893 (b).
A short paragraphed form by SUPPLEMENTAL DEED
without recitals.

PARTIES, A., donee of power of apptg new trees, 1; B., retirg tree, 2; C. & D., continuing trees, 3. Supplemental to an indre of settlement dated, &c., & made, &c. (hinafter refd to as the settlemt) WITNETH, as follows:

1. THE sd B. hby declares that he is desirous of retirg & Desire to being dischgd from the trusts of the settlemt.

be discharged.

and con

trustees.

& Declaration

vesting

trust

2. THE sd A., C., & D. hby consent to the dischge of the sd Consent of B. from such treeship, & to the vestg in the sd C. & D. alone appointor of the ppty now held upon or subjt to the trusts of the settlemt tinuing [the short parlars of wch are stated in the schdle hto] (c). 3. THE sd A., B., C., & D. hby declare that all the premes mentd in the first pt of the sd schdle hto & all other (if any) lands, hds, chattels, & ppty, whether real or psonal estate (d). (includg things in action), wch are now subjt to the trusts of the settlemt (not being a legal este or intt in copyhd or customary lands or hds, & not being lands or hds vested in the sd B., C., & D., or any of them, by way of mtge for securg moy subjt to the trusts of the settlemt) shl vest in the sd C. & D. alone, their hrs, exs, ads, & assns resply (accdg to the nature of the ppty) as jt tenants for all such este & intt as the sd B., C., & D., or any of them, had thrin resply immedly bfe the exon of these psnts & upon the trusts & subjt to the provons applicable thto resply by virtue of the settlemt or orwise. [Or, THE sd B., as tree, doth hby rele unto the sd C. & D., their hrs, exs, ads, & assns resply, accdg to the nature of the ppty, ALL & SINGR [the & premes mentd in the first trustee by release (e).

(b) See ss. 11, 12; and above, p. 102; and as to supplemental deeds, see p. 71.

(e) 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 (d) See p. 103.

Or, Conveyance by

retiring

(e) As the retiring trustee must be a party to the deed, his interest in the As to trust property may be conveyed in the ordinary way (by release of his retiring

Further assurance.

pt of the sd schdle hto, & all other, if any], the ppty, este, & effects whatsr, whether real or psonal, now vested in the sd B., C., & D., at law, or in equity, upon the trusts of the settlemt [other than lands or hds vested in them, the sd B., C., & D., by way of mtge for securg moy subjt to the trusts of the settlemt] To HOLD the same UNTO & TO THE USE of the sd C. & D., their hrs, exs, ads, & assns resply, accdg to the nature of the ppty, & to the intent that the same premes resply may be vested in them alone, as jt tenants, upon the trusts of the settlemt.]

4. It is hby agrd & decld that every further assurce, transfer & thing necy for vestg any of the ppty [mentd in the sd schdle hto, or any other ppty] comprd in or subjt to the trusts of the settlemt in the sd C. & D. alone, their hrs, exs, & ads resply, shl be exted & done forthwith (a). IN WITS, &c. (b).

[Schdle.]

trustee conveying by release.

XVI.

APPOINTMENT of a NEW TRUSTEE of a will for the purposes of the SETTLED LAND ACTS where the ORIGINAL TRUSTEES have been APPOINTED by the COURT.

PARTIES, X., survivg tree, 1; [A., tenant for life (c), 2 ;] the sd X. & Y., new tree, 3. Recite the will, shewing who is tenant

estate in joint tenancy to his co-trustees), as in the variation in brackets. If there are mortgages they should be excepted and transferred by separate deeds. But the 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 conveyance has the further (though unimportant) advantage that it enables a covenant against incumbrances to be implied under the Act (see above, p. 110, note), which must otherwise be expressed; but it is not the practice to insert an express covenant.

(a) This clause operates as a covenant by B., Elph. Interp., 426.

(b) Proper notices of the deed with respect to any choses in action should be given; see the previous precedents.

(c) As the power of appointing a new trustee for the purposes of the Settled Land Act is conferred by the Trustee Act, 1893, s. 10 and s. 47 (1), not by the Settled Land Acts, the consent of the tenant for life under the Act of 1882, s. 56 (2) is not absolutely necessary, but it is desirable to obtain his concurrence.

for life, but the sd will contained no power of or trust for
sale of the sd hds [if the testor died after 1882 add, or of
any or hdts thby devised and no apptmt of trees for the
pposes of the S. L. A., 1882]: AND WHAS, by an order of the
Chancery Division of the High Court of Justice made by Mr.
Justice
on the
day of upon the applon of

day of

:

the sd X. & K., late of were appted trees of the settlemt
created by the sd will for the ppses of the Settled Land Act,
1882: AND WHAS the sd K. died on the
AND WHAS the sd X. is desirous of apptg the sd Y. to be a
tree in the place of the sd K., & the sd A. approves of such
appt: NOW THIS INDRE WITNETH that in psuance of
the sd desire & in exercise of the powers given to him by
the statute on that behalf & of every or power him enablg,
the sd X. doth hby [with the approbon of the sd A.] appt the
sd Y. to be a tree of the settlemt created by the sd will for the
pposes of the S. L. A., 1882 to 1890, in the place of the sd K.,
and to act jtly with the sd X. for the pposes lastly hinbfe
mentd. IN WITS, &c.

XVII.

APPOINTMENT (endorsed) of a NEW TRUSTEE in place of a retiring Trustee of a Trust Deed of REAL and PERSONAL estate, containing general POWERS of SALE, LEASING, and MANAGEMENT, &c., where part of the property is or may be ABROAD, and the property is conveyed and assigned to a PROVISIONAL TRUSTEE upon trust to reconvey and reassign to the continuing and new Trustees (d).

PARTIES, A. & B., psnt trees, 1; C., new tree, 2; D., provonal tree, 3. WHAs the trusts of the within written indre have not Recitals.

vesting

(d) See the next Precedent. The machinery of two deeds is here employed As to (according to the old practice, prior to 22 & 23 Vict. c. 35, s. 21, as to appointpersonalty, where there was a continuing trustee), as it might be doubtful ment and whether, as to the property abroad, the continuing trustee could convey and where assign to himself. For the same reason the appointment is assumed to be property made under a power in the instrument, as the statutory power would not abroad. apply, and the other recent legislation cannot be made use of.

executed.

Desire of trustee to

Appoint

ment.

ment to

trustee.

Power of attorney to

use name

Trusts un yet been fully exted: AND WHAS the sd A. is desirous of retirg from the trusts of the sd indre, & he & the sd B. have determined to appt the sd C. to be a tree thof in the place of the sd A.: NOW THIS INDRE WITNETH, &c., apptmt by A. & B. of C., to be a tree in the place of A., p. 106: AND THIS Conveyance INDRE FURTHER WITNETH that, in psuance of the sd and assign apptmt, & in conson of the premes, the sd A. & B. do, & each provisional of them doth hby grt, convey, & assn unto the sd D., all & SINGR the ppty, este, & effects whatsr, whether real or psonal, or movable or immovable, in posson, revon, remr, or expectancy, or in action, & whether in England or abroad, wch are now under or by virtue of the within written indre or orwise howsr vested in the sd A. & B., or eir of them, for any este or intt whatsr, & whether at law or in equity, upon the trusts of the same indre, with the rights, easemts, & appurts to the sd premes belonging (save & except any mtge debts so vested, & the secs for the same, wch are intd to be transferred to the sd B. & C. by septe deeds (a)), AND ALL the este & intt of the sd A. & B., or eir of them, in the premes, TOGR WITH of retiring full power & authority to the sd D., his hrs, exs, ads, & assns, & the trees & tree from time to time of the within written indre, to use the name or names of the sd A., his hrs, exs, or ads, & to exercise & enforce all lawful or available powers & remedies for the ppose of demandg, suing for, recoverg, receivg, & obtaing posson of & givg effectual dischges for the sd respive premes comprd in the convce or assignmt hby made & every or any pt thof, & to exte & do all such instrumts, acts, & things, whether before a notary public or other public officer or orwise, as may be necy or pper for perfectg & completg these psnts, or effectually vestg the sd respive premes hby conveyed & assned in the sd D., his hrs, exs, ads or assns, or other the trees or tree from time to time of the within written indre, & for any such ppose as afsd to Habendum appt a substitute or substitutes at pleasure, To HOLD the sd to provireal & psonal este & premes hby conveyed & assned resply sional UNTO & TO THE USE of the sd D., his hrs, exs, ads, & assns Upon trust resply accdg to the nature of the ppty, UPON TRUST & to the to reconvey intent that the sd D., his hrs, exs, or ads resply, shl forthwith

trustee.

trustee.

and re

assign.

(a) See above, pp. 104, 138.