MENT WHERE WITH. first schedule. ments have children, and shares have with. and benefit of children under a power for that purpose contained oF A SETTLEin the said indenture: AND WHEREAS in the first schedule to these presents are set forth the particulars, 1st, of the trust funds and property originally settled by the said indenture; 2ndly, of the changes of investment and dealings with the trust Contents of funds, and of the additions thereto, and the moneys raised thereout; and 3rdly, of the trust funds and property now subject to the trusts of the said indenture: AND WHEREAS. That appointseveral appointments have been made of the trust funds to or in been made in favour of children of the said marriage, under a power in that favour of behalf contained in the said indenture of settlement, and some of some of the the reversionary shares therein have been assigned or otherwise been dealt dealt with, and the deeds by which appointments have been made and shares have been assigned and dealt with are mentioned in the second schedule to these presents: NOW Appointment THIS INDENTURE WITNESSETH, that, the said C. B., trustees, and in exercise of, &c., hereby appoints, &c. (Appointment of L. M. vesting and N. O. to be new trustees, suprà, p. 621): AND as regards the and direction property subject to the trusts of the said indenture of settlement, trust funds. the said C. B. declares and directs that the right to recover and receive such part thereof as consists of debts or things in action within the meaning of section 34 of the Conveyancing and Law of Property Act, 1881, shall henceforth vest in the said E. F., L. M., and N. O., and that the residue of the said trust property shall be forthwith duly transferred so as to vest in them as joint tenants, upon the trusts now affecting the same respectively under the said indenture of settlement and the several deeds mentioned in the second schedule hereto. IN WITNESS, &c. THE FIRST SCHEDULE ABOVE REFERRED TO. (The first part to state the particulars of the property originally settled; the second part to state the changes of investment and dealings with the trust funds, and the additions thereto, and the moneys raised for advancement, &c.; and the third part to state the particulars of the trust funds now subject to the trusts.) of new declaration for transfer of OF A SETTLE- SHARES HAVE THE SECOND SCHEDULE ABOVE REFERRED TO. (Date). DEED-POLL under the hands and seals of the said A. B., and C., his wife, being an appointment of part of the trust funds to their daughter P. B., in contemplation of her marriage. (Date). INDENTURE between, &c. (state parties), whereby the share appointed by the above-mentioned deed was assigned to trustees. (Date). DEED-POLL under the hands and seals of the said A. B., and C., his wife, being an appointment of the residue of the trust funds among their children. (Date). INDENTURE between (state parties), being an assignment by Q. B., one of the sons of the said A. B., and C. his wife, to R. S. by way of mortgage. OF A STRICT SETTLEMENT IN THE PLACE OF RETIRING TRUSTEE. Parties. ment. No. IX. APPOINTMENT of a NEW TRUSTEE of a STRICT SETTLE- (A.) THIS INDENTURE, made the day of BETWEEN A. B., of, &c. (appointor), of the first part, E. F., of, &c. (retiring trustee), of the second part, and L. M., of, &c. (new trustee), of Recite settle the third part: WHEREAS by an indenture of release, dated the day of, grounded on a lease for a year, and made between, &c. (parties) (being a settlement made in contemplation of the marriage between the said A. B. and C. his wife), certain messuages, farms, lands, and hereditaments, situate in, &c., in the said indenture of release more particularly described (being of freehold tenure), were conveyed to the use of the said A. B. during his life, without impeachment of waste; [and from day of, and made between OF A STRICT SETTLEMENT OF RETIRING freeholds of trustees to and after the determination of that estate by any means in his lifetime, To the use of the said E. F. and G. H., and their heirs IN THE PLACE during the life of the said A. B., upon trust to preserve contingent remainders], with divers remainders over: AND by the said indenture, &c. (Recite power to appoint new trustees): AND Sale of part of WHEREAS under a power of sale contained in the said indenture under a power, of settlement parts of the freehold hereditaments thereby settled and purchase have been sold, and the moneys produced by such sale have hereditaments. been laid out in the purchase of other hereditaments which have been conveyed to the uses of the said indenture of settlement by an indenture dated the (parties): AND WHEREAS the said E. F. is desirous as he hereby Desire of one declares of being discharged from the trusts of the said inden- be discharged. ture of settlement. NOW THIS INDENTURE WIT- Witnessing part. NESSETH, that the said A. B., in exercise of the power for Appointment this purpose contained in the said indenture of settlement, [or of new trustee. conferred by the Conveyancing and Law of Property Act, 1881,] and of all other powers (if any), him hereunto enabling, hereby appoints the said L. M. to be a trustee of the said indenture of settlement in the place of the said E. F., and jointly with the said G. H. for all the purposes for which the said E. F. and G. H. were appointed trustees by the said indenture, and also for the purposes of the Settled Land Act, 1882: AND the said A. B. hereby declares that all the estate and interest of the said E. F. and G. H. in such of the messuages, lands, and hereditaments comprised in the said indenture of settlement as remain unsold, and in the lands and hereditaments comprised in the said in- jointly. denture of the respectively shall forthwith and day of without any conveyance vest in the said G. H. and L. M., as joint tenants upon the trusts affecting the same under the said indenture of settlement (a). Declaration trustees in that estate of settled lands shall vest in continuing and new trustees IN WITNESS, &c. (B.) THIS INDENTURE, &c. (date and parties as above), and sup- By suppleplemental to an indenture dated, &c. (date and parties), being (a) If by the original settlement no estate is created to preserve contingent remainders, and the trustees take no other estate or interest in the freeholds, this declaration will be omitted. mental deed. OF A STRICT SETTLEMENT a settlement made on the marriage of A. B. and C. B. of divers IN THE PLACE freehold messuages, lands, and hereditaments situate in, &c., OF RETIRING TRUSTEE. By indorsement. of which settlement the said E. F., G. H., and I. K. were the trustees [or if the appointment is written at the end of the settlement, supplemental to the above-written indenture of settlement]: WHEREAS under a power of sale, &c. (the same as (A.) to the end). (C.) day of, 18-, THIS INDENTURE made the OF SETTLE MENT OF FREEHOLDS, COPYHOLDS, AND LEASE HOLDS, AND MONEY REPRESENTING LAND. Parties. Recital of settlement of freeholds, copyholds, and leaseholds. No. X. APPOINTMENT of NEW TRUSTEES of a SETTLEMENT of day of THIS INDENTURE, made the 18—, BETWEEN A. B., of, &c. (appointor), of the one part, and C. D., of, &c., and E. F., of, &c. (new trustees) of the other part: WHEREAS by an indenture dated, &c., and made, &c. (date and parties), divers messuages, lands, or hereditaments situate, &c., therein described, were settled and assured to the use of A. B. during his life with remainder (subject to a rent-charge thereby limited), to the use of the said G. H., I. K., and L. M., their executors, administrators, and assigns, for a term of 1,000 years upon the trusts therein declared, with remainders over: And by (a) It is supposed in this Precedent that a term of 1,000 years is vested in the trustees and no other legal estate in the freeholds. OF SETTLEMENT OF FREEHOLDS, COPYHOLDS, AND LEASE MONEY HOLDS, AND REPRESENTING LAND. AND Surrender of copyholds to said trustees, and their ad duly missions. the same indenture divers copyhold and leasehold hereditaments were respectively covenanted to be surrendered or assigned unto the said G. H., I. K., and L. M., their heirs, executors, administrators, and assigns, upon the trusts therein declared concerning the same respectively: And by the said indenture it was declared that the power of appointing new trustees conferred by statute should be vested in the said A. B. during his life: WHEREAS the copyhold hereditaments comprised in the indenture of settlement were on the day of surrendered to the use of the said G. H., I. K., and L. M., and their heirs, pursuant to the covenant on that behalf contained in the said indenture: And the said G. H. and I. K. were on the same day admitted tenants to the said copyhold hereditaments upon such surrender : AND WHEREAS divers sales, Sales, exexchanges, purchases, and investments have been made from purchases, and time to time under the powers of the said indenture, or of the investments. Settled Land Act, 1882: AND WHEREAS the particulars of the culars of hereditaments which have become subject to the uses of the said hereditaments indenture by purchase or exchange are shortly stated in the are in first schedule, and first schedule hereunder written: AND WHEREAS the money, particulars of stocks, funds, and securities mentioned in the second schedule second hereunder written represent so much of the proceeds of the sales made as aforesaid as have not been laid out in the purchase of other hereditaments, or applied in the payment of costs and expenses: AND WHEREAS the said G. H. died on the day day of changes, That parti purchased investments in schedule. of new of 18-, and the said I. K. died on the 18-: NOW THIS INDENTURE WITNESSETH, that Appointment the said A. B., in exercise of the power for this purpose con- trustees. ferred by the Conveyancing and Law of Property Act, 1881, [or contained in the said indenture of settlement,] and of all other powers (if any) him hereunto enabling, hereby appoints the said C. D. and E. F. to be trustees of the said indenture of settlement of the day of -, 18-, in the place of the said G. H. and I. K. respectively and jointly with the said L. M. for all the purposes for which the said G. H., I. K., and L. M. were appointed trustees by the said indenture, and also for the purposes of the Settled Land Act, 1882: AND the said A. B. Declaration hereby declares that all the freehold lands and hereditaments settled land comprised in the said indenture of settlement and thereby surviving and limited to the use of the said G. H., I. K., and L. M. for and new trustees that freehold shall vest in jointly. |