PRECEDENT XLIV. APPOINTMENT OF WITH A SETTLEMENT. 12. Covenant brances. and with and subject to the powers, provisoes, and declarations subsisting therein or applicable thereto by virtue of the within-written indenture; AND EACH of them the said E. F., G. H., and I. K., so far as relates to his own acts alone, doth hereby for himself, his heirs, executors, and administrators, covenant with the said L. M., his heirs, executors, administrators, and assigns, against incumthat they the said E. F., G. H., and I. K. respectively, have not done or knowingly suffered or been party or privy to anything whereby the said premises herein before expressed to be hereby granted and assigned respectively or any of them, or any part thereof respectively, are, is, or may be impeached, affected, or incumbered in title, estate, or otherwise howsoever, or whereby they respectively are in anywise hindered from granting and assigning the same respective premises or any part thereof respectively, in manner aforesaid. IN WITNESS, &c. XLV. APPOINTMENT (by INDORSEMENT) of a NEW TRUSTEE of PRECEDENT XLV. a SETTLEMENT comprising MONEY IN HAND, produced APPOINTMENT OF by the SALE of lands pursuant to TRUST DEEDS referring to the Settlement (a). NEW TRUSTEE PURCHASE MONEY TRUST DEEDS. THIS INDENTURE made, &c., BETWEEN the withinnamed A. B. and C. B. his wife (formerly the withinnamed C. D., spinster), [appointors] of the first part, the 1. Parties. within-named E. F., G. H., and I. K. [old trustees] of the second part, and L. M.of, &c. [new trustee], of the third part: WHEREAS, &c. [recital of the marriage, supra, p. 611]; AND WHEREAS Some portions of the freehold and leasehold 2. Recital of estates and hereditaments in the within-written indenture freeholds and the sale of (a) See the last Precedent. APPOINTMENT OF NEW TRUSTEE OF SETTLEMENT PRECEDENT XLV. mentioned or referred to, have been recently sold and assured to the respective purchasers thereof, and the moneys arising from the sale thereof have been received by the said E. F., G. H., and I. K., and the expenses incident to the said sale paid thereout; AND WHEREAS the indenture of assignment of the COMPRISING PURCHASE MONEY PURSUANT TO leaseholds comprised in an indenture of even date with the settlement; 3. -of the retiring trustee not having accepted the trusts of an indenture leaseholds upon trust for sale; 4. of the property comprised in the last-mentioned indenture having been sold; day of day of referred to in the above-written indenture of the same date was never executed by the said G. H., nor did he ever agree to accept the trusts thereof or act in the same trusts, and he duly executed a disclaimer thereof (b); AND WHEREAS the whole of the hereditaments comprised in the same indenture of the (except one tenement, the lease whereof has expired), have been recently sold and assigning other assigned to the respective purchasers thereof, and the moneys arising from the sale thereof have been received by the said E. F. and I. K., and the expenses incident to the said last-mentioned sale paid thereout; AND WHEREAS the net moneys arising from both the sales aforesaid after payment of the expenses aforesaid, and now remaining in the hands of the said E. F., G. H., and I. K., amount in the whole to the sum of £- ; AND WHEREAS the said G. H. has refused to act any further either in the trusts reposed in him by the within-mentioned indenture of even date with the within-written indenture, or in the trusts reposed in him by the within-written indenture; AND WHEREAS the said L. M. has been duly appointed a trustee in the place of the said G. H. of the said within-mentioned indenture of even date with the within-written indenture, in pursuance of a power in that behalf in the same withinmentioned indenture contained, and the freehold and leasehold estates comprised in the same indenture, and now remaining unsold, have been duly vested in the said E. F., I. K., and L. M., upon the trusts thereof; AND 5. of the net amount of moneys derived from the sales; 6. of trustee having refused to act; 7. —of a new trustee having been appointed by the deed of even date; 8. of the desire to appoint the new trustee ; (b) The indenture in question settled moneys to arise from the sale of other property upon the trusts of the original settlement. WHEREAS the said A. B. and C. B. are desirous of appoint- PRECEDENT XLV. ing the said L. M. to be a trustee of the within-written APPOINTMENT OF indenture in the place of the said G. H.; AND WHEREAS NEW TRUSTEE PURCHASE MONEY 9.-of the 10. Witnesseth it is intended that the said sum of £- shall be paid 11. Declaration of trusts of the XLVI. PRECEDENT APPOINTMENT OF APPOINTMENT by the GUARDIANS of INFANTS (by indorsement on a SETTLEMENT) of a NEW TRUSTEE in the place of a RETIRING trustee who was himself formerly appointed (by indorsement) in the place of BY GUARDIANS OF a deceased original trustee. THE TENANTS FOR LIFE being DEAD, the ADULT CHILDREN had received their ORIGINAL SHARES of the trust funds. INFANTS. THIS INDENTURE made, &c., BETWEEN U. V., of, 1. Parties. &c., X. Y., of, &c., and Y. Z., of, &c. [guardians of the infant children], of the first part, A. B., of, &c., C. D., of, &c., PRECEDENT and E. F., of, &c. [the adult children] (a), of the second part, the above-named T. U. [the retiring trustee], of the third part, and the within-named R. S. [the continuing trustee] BY GUARDIANS OF and P. Q., of, &c. [the new trustee], of the fourth part. APPOINTMENT OF NEW TRUSTEE INFANTS. 2. Recital of the names and number of the children of the marriage; 3. of a power in the settlement not having been exercised; and WHEREAS there were issue of the marriage of the within of appointment appointment by the within-written indenture given to the within-named [father and mother] was never exercised; AND WHEREAS the said [father] died in the month of ; AND WHEREAS the sum of £——, £— per cent. Annuities in the above-written indenture of the day of mentioned to have been transferred into 4. of the death of the father; 5. of the conversion by Act of Parlia the names of the said R. S. and T. U., was some time since ment of part of converted by Act of Parliament into the sum of £ the settled funds; 6. of the death of the mother; 7. of the pay ment of the succession duty on her death; Concurrence in the appointment of new trustees of the persons beneficially interested. £ per cent. Annuities; AND WHEREAS the said [mother] died on the day of —, without having exercised the power of appointment by the within-written indenture given to the survivor of the said [father and mother]; AND WHEREAS the said R. S. and T. U. have since the death of the said [mother] sold the sum of £part of the said sum of £- £- per cent. Annuities for the purpose of paying the succession duty which became payable upon her death in respect of the trust estate under the within-written indenture, and have duly paid the same accordingly, whereby the said sum of £ - per cent. Annuities, was reduced to the sum (a) The adult children are made parties on account of their contingent interest by survivorship in the shares of the infants. If there is a power of appointing new trustees capable of being exercised, and the instrument creating the trust do not require the consent of the persons beneficially interested, it is not very usual to make them parties. It may, however, be sometimes advantageous to obtain their consent, as pointed out supra, p. 608. (b) The solemnisation of the marriage had been recited in the former indorsed appointment of a new trustee. of £ like Annuities; AND WHEREAS the said A. B., C. D., and E. F. have all attained the age of twentyone years, and the said G. H., I. K., L. M., and N. O., PRECEDENT XLVI. APPOINTMENT OF NEW TRUSTEE INFANTS. 8. of the are all infants under the age of twenty-one years; AND BY GUARDIANS OF WHEREAS the said R. S. and T. U. paid three equal seventh parts of the dividends which accrued due subse- ages of the quently to the death of the said [mother], on the said sum , children; 9. of the due Annuities, and on the above application of £- per cent. Annuities, the dividends since the death of £- £ part of the said the sum of £ of the mother; 10. of the shaies of one of ansfer of the the adult children to the trustees of a settlement made sum of £ like Annuities, and by him; -, upon the trusts of an in one equal seventh part of the said sum of £ like Annuities, into the names of denture dated the day of, and expressed to be made between [parties], being a settlement made in contemplation of the marriage of the said A. B.; AND 11. of the WHEREAS the said R. S. and T. U. have also lately trans- other adult ferred into the names of each of them the said C. D. and equal seventh parts of the said sums of £—, £— 12. of the the residue of Annuities, and ££ per cent. Annuities, being the remaining four equal seventh parts of the said sums of ££- per cent. Annuities, and £, £- per cent. Annuities, in order to answer the expectant shares |