CODICIL AS TO LAND GIVEN declare that the said C. D. shall be under no obligation, legal or equitable, to confirm the conveyance of the said land made by the TO A CHARITY said indenture, but he shall be at perfect liberty to confirm the same or not, as he thinks fit. IN WITNESS, &c. BY DEED. Declaration that no trust is imposed on him to confirm charitable disposition. No. XXXIV. FORM of MEMORIAL of a WILL. A MEMORIAL to be registered of the last will and testament AS WITNESS the hand and seal of the said C. D., one of the said devisees. Signed and sealed in the presence of (Two witnesses.) C. D. MEMORIAL OF A WILL. 616 DISCLAIMERS. BY ONE OF TRUSTEES OF A WILL. Recite will and appoint ment of executors. No. I. DISCLAIMER of the Trusteeship of a WILL by ONE of several TRUSTEES (a). day of TO ALL TO WHOM these presents shall come, A. B., of, &c. (disclaiming party), sends greeting: WHEREAS G. H., late of, &c., Esq., deceased, died on the 18-, having by his will, dated the day of devised and bequeathed all his real and personal estate unto the said A. B. and C. D., upon the trusts and with and subject to the powers and provisions therein declared and contained concerning the same reDisclaimer by spectively: NOW THESE PRESENTS WITNESS that he the said A. B. hereby disclaims the office of trustee under the said will, and all real and personal estate whatever devised and bequeathed to him as a trustee by the said will (6). IN WITNESS, &c. trustee. BY TRUSTEE. No. II. DISCLAIMER by TRUSTEE (short form). KNOW ALL MEN BY THESE PRESENTS, that I, A. B., of, &c. (disclaiming party), hereby disclaim the office of trustee under the will of G. H., late of, &c. (who died on the of day 18—), and all estates and powers thereby expressed to be given to or vested in me as a trustee. IN WITNESS, &c. (a) Under 33 & 34 Vict. c. 97, a disclaimer deed not being expressly mentioned in the schedule thereto, is liable to a 10s. stamp duty. (b) The trustee should simply disclaim, and not profess to convey the property limited to him in trust. See Nicolson v. Wordsworth, 2 Swanst. DISCLAIMERS. No. III. DISCLAIMER by the TRUSTEE of a SETTLEMENT. OF THE TRUSTS Recite settlement trustee one of TO ALL TO WHOM these presents shall come, A. B. of, &c. (the disclaiming party), sends greeting: WHEREAS by an indenture, &c. (date and parties), certain messuages, lands, and here- appointing ditaments situate, &c., were conveyed by the said C. D. unto and disclaiming to the use of the said A. B. and G. H., their heirs and assigns the trustees. for ever, upon the trusts therein declared concerning the same [or were settled to the use of X. Y. for her life with remainders over, and the said A. B. and G. H. were constituted the trustees of the indenture and powers of sale and exchange, and divers other powers and trusts were conferred on the said A. B. and G. H. as such trustees]: AND WHEREAS the said A. B., hath not executed the said indenture, nor in any manner acted as a trustee thereof: NOW THESE PRESENTS WITNESS that the Disclaimer by said A. B. hereby disclaims and renounces the office of trustee of the said indenture, and all estate and interest in the hereditaments thereby conveyed [or settled], or expressed so to be, and all powers (c) and trusts created by the said indenture, and thereby made exercisable by the said A. B. and G. H. as the trustees thereof. IN WITNESS, &c. trustee. No. IV. DISCLAIMER of the Trusts of a SETTLEMENT (to be oF THE TRUSTS written at the foot of the Settlement,-a short form). OF A SETTLE- trustee. KNOW ALL MEN BY THESE PRESENTS, that I, A. B., Disclaimer by of, &c. (who am named as a party to and trustee of the above written indenture), hereby DECLARE that I have not accepted the trusteeship nor acted in any manner as a trustee thereof; AND I DISCLAIM the said trusteeship and all estates, interests and powers by the said indenture expressed to be vested in me. IN WITNESS, &c. (c) Under the Conveyancing Act, 1882, sect. 6, one of several trustees may disclaim powers simply collateral, in which case the powers will be exercisable by the others or other of them. APPOINTMENTS OF NEW TRUSTEES. the new Act facilitate the Provisions of THE Conveyancing and Law of Property Act, 1881, with a view to contains important provisions relating to the appointvesting of trust ment of new trustees, which are set out in the Dissertaappointment of tion on Trustees (a). The Act also provides in section property on an new trustees. 34 as follows: (1.) When a deed by which a new trustee is appointed to per form any trust contains a declaration by the appointor to the effect that any estate or interest in any land subject to the trust, or in any chattel so subject, or the right to recover and receive any debt or other thing in action so subject, shall vest in the persons who by virtue of the deed become and are the trustees for performing the trust, that declaration shall, without any conveyance or assignment, operate to vest in those persons, as joint tenants, and for the purposes of the trust, that estate, interest, or right. (2.) Where a deed by which a retiring trustee is discharged under this Act contains such a declaration as is in this section mentioned by the retiring and continuing trustees and by the other person, if any, empowered to appoint trustees, that declaration shall, without any conveyance, or assignment, operate to vest in the continuing trustees alone, as joint tenants, and for the purposes of the trust, the estate, interest, or right to which the declaration relates. (3.) This section does not extend to any legal estate or interest in copyhold or customary land, or to land conveyed by way of mortgage for securing money subject to the trust, (a) Suprà, p. 189. or to any such share, stock, annuity, or property as is (4.) For purposes of registration of the deed in any registry, (5.) This section applies only to deeds executed after the commencement of this Act. is vested in concurrence trustees may with. The above section dispenses with the necessity of When power requiring the concurrence of the surviving or con- tenant for life, tinuing trustees, or the representative of a last surviving of continuing or continuing trustee, where the power is vested in be dispensed some one else, e.g., the beneficiary for life, inasmuch as the latter can by a simple declaration divest the trust property out of the persons in whom it may be vested at the time of the appointment for the purpose of vesting it in the persons who will be the trustees after the appointment (). (b) By the Stamp Act now in force (33 & 34 Vict. c. 97), an appointment of a new trustee is made liable to a stamp duty of 10s. And sect. 78 provides that every instrument and every decree or order of any court or of any commissioners whereby any property on any occasion, except a sale or mortgage, is transferred to or vested in any person, is chargeable with duty as a conveyance or transfer of property, subject to a proviso that a conveyance or |