Attestation torney. Attestation for company or corpora. tion. Attestation same havg been previously explained by me to him, & he appeared perfectly to understand the same," in the presce, &c. XX. SIGNED, SEALED, & DELIVERED by K., atty, as the atty of the within-named A., in the presce, &c. XXI. THE COMMON SEAL of the within-named of us, A. & B., [Dirors. C. secretary]. XXII. SIGNED, SEALED, & DELIVERED by the respive pties where some whose names are subscribed in the column of this schdle signatures dule. in sche- in the presce of the respive psons whose names are subscribed in this column opposite to the names of such respive pties. XXIII. SIGNED, &c., by the within-named, on the day of Attestation for infant coming of age. Receipt endorsed (a). Instructions for executing and attesting a deed. (he havg attained his majority on the —— day of -), in the presce of, &c. XXIV. RECED of the within- [above] named A. the sum of £, being the conson moy within- [above] expd to have been pd by him to me. Dated the day of Signed B. Wits. xxv. Ir shd be signed by at the seal at the foot, where his initials are written in pencil, & after signg he shd touch the seal & say, "I deliver this as my act & deed." The above shd take place in the presce of a [two] wits[es] who shd sign his [their] name[s], address[es], & profession[s] or business[es] (if any), under the mem of atteston written at the end [on the back] of the instrumt, where pointed out in pencil. (a) This is now seldon required. See the Conv. Act, 1881, s. 54; above, p. 375, note. DIRECTION AND CONSENT. I. To A., B., & C., the trees of an indre dated, &c., being the Consent to settlemt made on our marre. trustees of settlement We hby consent to your investg the sum of £- now in investing in funds. your hands as trees of the sd settlemt, in the pchase of 2 p.c. Consold Stk. As WITS our hands this day of Signatures of husbd & wife. Wits. p.c. Consold Request to vestment. II. To A. & B., the trees of the will of the late I do hby reqt you to sell the sum of £Stk now standg in your names as such trees, & representg, or, change in"formg pt of," the share, to the income whof I am entled for life, of the residuary este of the sd testor, & to invest the net proceeds of such sale (after paymt of the expses of the sale & reinvestmt) in the pchase of £—— p.c. Deb Stk of the Rly Co [or in case such investmt shl, 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, or by law]. As WITS, &c. Wits. Signature of tenant for life. ш. To A. & B., the trees of a settlemt, dated, &c., made on Direction our marre. We do hby reqt you to call in the sum of £- — (formg pt of the funds subjt to the trusts of the sd settlemt secd upon a mtge of the este belonging to Mr., & to invest the same or a sufft portion thof in the pchase of the freehd este or ppty known as, &c., & to invest any surplus of the sd moys wch may remain after completg the sd pchase & paymt of the Request to trustees to sell land. Request by wife to trustees to call in money husband. IV. To A. & B., the trees of an indre of settlemt dated, &c. We reqt you to put up for sale by auction the este or ppty known as the este formg pt of the ppty subjt to the uses or trusts of the sd settlemt [& we undertake to concur in any assurces to the pchasers]. As WITS, &c. Wits. Signatures of husbd & wife. v. To A. & B., the trees of a settlemt, dated, &c., made on my marre. WHAS the sd settlemt contains a covt by my husbd for secured by paymt to the trees thof of the sum of £, & intt thron in covenant of the meantime as thrin mentd, but with a declon that the trees shd not call in or compel paymt of the sd sum of £ durg the jt lives of myself & my sd husbd, unless directed so to do by me in writg under my hand: Now I do hby direct you forthwith to call in & compel paymt of the sd sum of £togr with any intt wch may be due thron. As WITS, &c. Consent of trustees advancing a child. Deed of direction Wits. VI. To A. & B., trees of an indre, &c. Signature of wife. We do hby give our consent to your raisg the sum of £ pt of the expectant or presumptive share of our son [daur] D., Wits. -], psuant to the power of As WITS, &c. Signatures of husbd & wife. VII. PARTIES, A. & B., husbd & wife, 1; C. & D., trees, 2; to trustees E., daur, 3; Recite that E. is one of the chln of A. & B., & has NOW of a settle hby in ment to advance a on her on the settlement attned twenty-one; Intd marre of E. with F., of, dc. THIS INDRE WITNETH that the sd A. & B. do exercise of the power for this ppose given to them by the daughter within-written indre of settlemt, & of every or any other power marriage. enablg them in this behalf, & in contemplon of the sd intd Endorsed marre, direct & appt that the sd C. & D., or other the trees or tree for the time being of the sd settlemt do & shl, under or in (a). exercise of the power of advcemt thrin contd, forthwith after the sd intd marre shl be solemnised, appropriate for the benefit of the sd E., & for or towards her advcemt, the sum of £Bk Stk pt of the funds subjt to the trusts of the sd settlemt [being at the prices of the day the equivalent of one pt of such trust funds & being therefore the amt of a moiety of the portion of the sd E. thrunder] & do & shl stand possed of the same sum & the divds & income thof in trust for the sd E., her exs, ads, assns, as her & their absolute ppty: AND THIS INDRE ALSO WITNETH that they the sd C. & D. do consent to the advcemt hinbfe mentd, & do declare that they will forthwith after the sd intd marre appropriate the sd sum of £- Bank Stk for the ppose of such advcemt, & will stand possed of such sum, & the divds & income thof, IN TRUST for the sd E., her exs, ads, & assns, as her & their absolute ppty; AND the sd E. doth hby reqt & direct that the sd C. & D. or (a) This form is intended for a case where the daughter is of age, and it As to mode is intended to settle the sum advanced for her benefit on her marriage. It of making advanceis assumed that the advancement clause extends to vested shares, and that ment. the object cannot be attained by means of an appointment and release of the life interests of the husband and wife, on account of the wife being restrained from anticipation (see APPOINTMENTS, p. 74). The formality of a deed may be desirable in a case of this nature, but would rarely be necessary. If the settlement contains the usual power to the parents to appoint to the children, and to insert a provision in the appointment for their advancement, a better plan would be for them to make an absolute appointment to the daughter, followed by a direction by them to the trustees, as in the above form, to apply the fund for her advancement; this would go far towards relieving the trustees from responsibility in case of the propriety of the advance being doubtful, e.g., if it is to pay the debts of the appointee; and even if the appointee is a minor, it would be difficult for him afterwards to question it; and in either case the mother, though restrained from anticipation, would probably be barred by the Trustee Act, 1893, repealing and, by s. 45, re-enacting the Trustee Act, 1888, s. 6, from doing so. The fund advanced will be subject to succession duty equally with the remainder of the funds on the death of the parents: Ex parte Sitwell, 21 Q. B. D. 466; see above, p. 75. Request to pay money to solicitor (a). Direction by tenant for life to make in other the trees or tree for the time being of the within-written indre, do & shl forthwith after the sd marre sell the sd sum of £ Bank Stk & pay the moys pduced thby to G., of, &c., & H., of, &c., the trees of the daur's settlemt, or the survor of them, to the intent that they or he may stand possed thof in trust for her the sd E., her exs, ads, & assns. IN WITS, &c. VIII. To Mr. I hby authorise & reqt you to pay the sum of £, wch is payable to me under a deed of, &c., being a convce of, &c., or as the case may be, & any intt due or to become due in respt thof, to my solor, Mr., whose rect shl be an effectual dischge to you for the same. Dated, &c. IX. To A. & B., the trees of an indre of settlemt, dated, &c., & made, &c., or, "the will of X., deced." I do hby by virtue trustees to of the powers vested in me under the Settled Land Acts, 1882 to 1890, as tenant for life in posson under the sd settlemt [will] direct you to invest the [sum of £, pt of the] capital moys now in your hands as such trees as afsd in the pchase of, &c. Dated, &c. vestment. Direction by tenant for life to trustees to pay purchase. costs. Wits. Signature of tenant for life or limd owner. x. Commencemt as in last form. I do hby by virtue, &c., direct you to sell out a sufft portion of the sum of £2 p.c. Consold Stk, now invested in your names as trees of the above-mentd settlemt [will], & to apply the pceeds, or, "to money and apply a sufft portion of the capital moy in your hands, subjt to the trusts of the sd settlement [will]," in paymt of the pchase-moy, amtg to £, of an este situate, &c., wch I have lately contracted to pchase from X. upon the exon of the convce thof on the next, or such later day as such pchase, AND in paymt -] of my solors, Messrs. day of Wits. of -] in relon to such pchase. Signature of tenant for life or limd owner. (a) An express authority of this kind is now seldom needed, having regard to the Conv. Act, 1881, s. 56, and the Trustee Act, 1893, s. 17 (1) (see above, p. 375, note); but may occasionally be required. |