No. III. OF SETTLE- APPOINTMENT of one NEW TRUSTEE in the place of two day of POSSESSION 18-, Parties. settlement. THIS INDENTURE, made the BETWEEN A. B., of, &c., and C., his wife (settlor and wife), of the one part, and L. M., of, &c. (new trustee), of the other part: WHEREAS by an indenture dated, &c., and made on the mar- Recital of riage of the said A. B. and C. B., between the said A. B. of the first part, the said C. B., then C. D., of the second part, W. B. (the father of the said A. B.) of the third part, X. D. (the father of the said C. B.) of the fourth part, and E. F., G. H., and I. K., of the fifth part, of which indenture the said E. F., G. H., and I. K. were the trustees, the moneys and property therein mentioned were settled upon trusts for the benefit of the said A. B. and C. B. and their issue: AND, &c. (power to appoint new trustees, suprà, p. 620): AND WHEREAS, &c. (deaths of E. F. and Present state I. K.): AND WHEREAS there have been several changes of investment of the moneys and property settled by the said indenture, and additions have been made thereto under an agreement for settling after-acquired property contained in the said indenture, and the trust property now consists of the particulars mentioned in the schedule to these presents (b): NOW THIS Witnessing INDENTURE WITNESSETH, that the said A. B. and C. his wife, in exercise of the power for this purpose conferred by the Conveyancing and Law of Property Act, 1881, [or, contained in the said indenture of settlement,] and of all other (a) Upon an appointment of new trustees, the original number may be increased or reduced, provided that there are at least two. See Conveyancing Act, 1881, s. 31. (b) Before new trustees accept the office, they should require to be furnished with an account showing the dealings with the trust funds up to the time of their appointment, and should satisfy themselves that the funds originally settled are duly represented by those proposed to be transferred to them. But it is not usual to state in detail on the face of the deed of appointment all the intermediate changes of investment where they have been numerous, although under some circumstances it may be convenient to do so. See Precedent No. VIII., infrà. VOL. II. SS of trust funds. part. OF SETTLE MENT OF AND REVERSION. Appointment of new trustee. Direction for transfer of part of trust funds and vesting declaration as to other part. powers (if any) them hereunto enabling, hereby appoint the PERSONALTY IN Said L. M. to be a trustee of the said indenture of settlement in POSSESSION the place of the said E. F. and I. K. both deceased, and jointly with the said G. H.: AND the said A. B. and C. his wife hereby direct and declare that the trust funds comprised in the first part of the schedule hereto shall be forthwith transferred so as to become vested in the said G. H. and L. M., and that the right to recover and receive the moneys and things in action comprised in the second part of the said schedule, and also all moneys and things in action (if any) which may hereafter become subject to the trusts of the said indenture of settlement under the agreement therein contained for settling after-acquired property of the said C. B., shall forthwith vest in the said G. H. and L. M., and as to all the said premises as joint tenants upon the trusts now affecting the same under the said indenture. IN WITNESS, &c. THE SCHEDULE ABOVE REFERRED TO. 1. A sum of £ PART I. secured on mortgage of real estate at — by an indenture dated, &c., and made, &c. of 2. £ 3. £ names of East India £4 per cent. stock standing in the names Consolidated £3 per cent. annuities standing in the PART II. 4. A sum of £- -in and by the said indenture of settlement covenanted to be paid by the said W. B. to the trustees. 5. The reversionary share of the said C. B. expectant on the decease of her father and mother, X. D. and G. D., in certain trust funds mentioned or referred to in the said indenture of settlement. 6. A yearly sum of £ by the same indenture covenanted to be paid by the said X. D. to the trustees for the period therein mentioned. 7. A policy of assurance on the life of the said A. B. for the sum of £ effected with the &c., and numbered. Assurance Society, dated, N.B.-The above-mentioned East India Stock represents a sum of £- to which the said C. B. became entitled under the will of her aunt, O. B., deceased, and which became subject to the trusts of the indenture of settlement, under the agreement for settling after-acquired property therein contained. The rest of the above-mentioned trust funds and property are or represent property originally settled. (The above Precedent can be easily converted into a supplemental or endorsed deed by reference to Precedent No. I. (B.) and (C.).) OF SETTLE MENT OF PERSONALTY IN POSSESSION AND REVERSION. No. IV. APPOINTMENT of NEW TRUSTEES of a SETTLEMENT, OF NEW TRUSTEES, WHERE THERE HAVE BEEN PREVIOUS APPOINTMENTS. (A.) day of 18-, Parties. THIS INDENTURE, made the BETWEEN A. B., of, &c., and C., his wife (settlor and wife), of the first part, L. M., of, &c. (retiring trustee), of the second part, and P. Q., of, &c., and R. S., of, &c. (new trustees), of the third part. (Recite settlement as in one of former precedents): AND WHEREAS by an indenture, dated, &c., and made, &c. (date Recital of previous and parties), the said L. M. and N. O. were appointed to be appointment, trustees of the said indenture of settlement in the place of the said I. K., deceased, and of the said G. H., who was desirous of being discharged from the trusts thereof [or, if there have previous been several previous appointments, AND WHEREAS new trustees of or several the said indenture of settlement have been appointed from time appointments. to time, and after the last appointment, which was made by an indenture, dated, &c., and made, &c. (date and parties), E. F., OF NEW TRUSTEES HAVE BEEN PREVIOUS L. M., and N. O. were the trustees]: AND WHEREAS, &c. (Recite WHERE THERE death of N. O., and that L. M. is desirous of being discharged, and state of trust funds): Now, &c. (Appointment of P. Q. and APPOINTMENTS. R. S. to be new trustees, and direction and declaration for transfer of trust funds, and for vesting things in action, as in one of former precedents.) IN WITNESS, &c. By supplemental deed. By deed written at the end of settlement. By indorsement. (B.) THIS INDENTURE, &c. (date and parties as above), and supplemental to an indenture, dated, &c., and made, &c. (describe the settlement, as in one of the former Precedents), and supplemental also to an indenture, dated, &c. (date and parties), being an appointment of the said L. M. and N. O. to be new trustees of the said indenture of settlement in the place of the said G. H. and I. K. [or, if there have been several previous appointments, and supplemental also to the following deeds, whereby new trustees were from time to time appointed, namely, an indenture, dated, &c., and made, &c., an indenture, dated, &c., and made, &c., and an indenture, dated, &c., and made, &c.] (Recite death of N. O., and rest the same as (A.).) Or, THIS INDENTURE, made, &c. (date and parties as above), and supplemental to the above-written indenture of settlement, dated the - day of, and supplemental also to the other above written indentures, dated the day of [or, if there have been several previous appointments, and supplemental also to the other above written indentures, dated respectively, &c. (state dates)]: WHEREAS N. O., one of the trustees of the said indenture of settlement, died on the day of, 18—, leaving his co-trustees E. F. and L. M. him surviving: AND WHEREAS, &c. (Rest the same as (A.).) (C.) THIS INDENTURE, made the day of, 18—, BETWEEN the within-named A. B. and C. his wife, formerly day of OF NEW TRUSTEES HAVE BEEN PREVIOUS APPOINTMENTS. within-written indenture (retiring trustee), of the second part, and P. Q., of, &c., and R. S., of, &c. (new trustees), of the third wHERE THERE part WHEREAS N. O., who was appointed to be a trustee of the within written indenture by the indenture indorsed thereon, dated the 18-, died on the day of 18-, leaving E. F. and L. M. his co-trustees him surviving (Rest the same as (A.), substituting "the within-written indenture" for the "indenture of settlement.") day of No. V. APPOINTMENT of NEW TRUSTEES of a deed of CON- (A.) OF CONVEYANCE IN TRUST FOR SALE. THIS INDENTURE, made the day of- 18-, BE- Parties. TWEEN A. B., of, &c., and C. his wife, of the one part, and L. M., of, &c., and N. O., of, &c. (new trustees), of the other part: WHEREAS by an indenture dated, &c. (date and Recital of conveyance in parties), in consideration of the marriage then intended, and trust for sale. shortly afterwards solemnized between the said A. B. and C. D., a messuage or dwelling-house known as, situate in, &c. [or certain lands and hereditaments situate at, &c., therein particularly described], was [or were] conveyed unto and to the use of the said E. F., G. H., and I. K., their heirs and assigns, upon the trusts therein declared concerning the same: AND it was declared, &c. (power to appoint new trustees): AND WHEREAS (recite deaths of G. H. and I. K.): NOW THIS INDENTURE Appointment WITNESSETH, that the said A. B. and C. his wife, in and declaraexercise, &c., hereby appoint the said L. M. and N. O. to be tion that land trustees of the said indenture of settlement in the place of the said G. H. and I. K. deceased, and jointly with the said E. for all the purposes for which the said E. F., G. H., and I. of new trustees shall vest in continuing trustee and F. K. new trustees jointly. |