PRECEDENT APPOINTMENT OF A NEW TRUSTEE MENT OF FREE AND LEASEHOLD ESTATES. to the trustees upon the trusts of the settlement, &c. 24. Witnesseth further, covenant to surrender award, or otherwise howsoever, as are now vested in the said A. B. and E. F. as such trustees as aforesaid or either of them, for any term or terms of years, absolute or determinable, or chattel interest or interests, with their and HOLD, COPYHOLD, every of their rights, easements, and appurtenances; AND ALL the estate and interest of them the said A. B. and E. F. 23. Habendum respectively in the same respective premises, TO HAVE AND TO HOLD all the said hereditaments and premises hereinbefore expressed to be hereby assigned, subject to the leases and tenancies affecting such premises respectively, unto the said A. B. and G. H., their executors, administrators, and assigns, for all the terms of years, estates, and interests for which the same are respectively held, UPON the trusts and with and subject to the powers, provisoes, and declarations applicable thereto respectively, by virtue of the said indenture of settlement, or the said will, or any such other instrument or instruments as aforesaid; AND THIS INDENTURE ALSO WITNESSETH, that for further effectuating the said appointment, the said A. B. and E. F., at the request of the said C. D., do hereby for themselves respectively and their respective heirs, executors, and administrators, covenant with the said G. H. and his heirs that they the said A. B. and E. F. respectively or their respective heirs will forthwith, at the cost of the trust estate, well and effectually surrender into the hands of the lords or ladies of the several manors whereof the same are holden respectively according to the several customs thereof, ALL AND SINGULAR such parts or part (if any) of the messuages, lands, tenements, and hereditaments subject to the trusts of the said indenture of settlement, whether originally comprised therein or subsequently acquired under or by virtue of the said will, or by purchase or exchange, or by virtue of any inclosure or award, or otherwise howsoever, as are now of copyhold or customary tenure, and are vested in them the said A. B. and E. F. as such trustees as aforesaid or either of them, 25. -copyholds originally comprised in settle ment or since acquired; PRECEDENT XLVIII. APPOINTMENT OF MENT OF FREE AND LEASEHOLD 26. to the use of the trustees upon the trusts together with their and every of their rights, easements, and appurtenances, AND ALL the estate and interest of the said A. B. and E. F. respectively therein; TO THE USE of the said A. B. and G. H., their heirs and assigns, subject to the tenancies affecting the same respectively, HOLD, COPYHOLD, according to the customs of the several manors of which the same premises respectively are holden, and by and under the rents, fines, suits, and services due and accustomed for the same respectively, to be held by them, Upon the trusts and with, under, and subject to the powers, provisoes, and declarations applicable thereto respectively by virtue of the said indenture of settlement, or the said will or other instrument or instruments aforesaid (b); AND THIS INDENTURE ALSO WITNESSETH that, for further effectuating the said appointment the said A. B. and E. F. do and each of them doth hereby, at the request of the said C. D., assign unto the said A. B. and of the settle ment, &c. 27. Witnesseth further assign ment G. H., their executors, administrators, and assigns, FIRST 28. of policies, ALL those two several policies of assurance which now remain vested in them the said A. B. and E. F. as trustees of the said settlement, namely, a policy on the life of for the sum of £ numbered sum of £ effected in the And a policy on the life of office, and -, effected in the same office, and numbered and all moneys assured by or to become payable in respect of the same respective policies and the full benefit thereof; AND SECONDLY ALL and singular the plate, pic- 29. and heirtures, china, glass, books, furniture, and other heirlooms and chattels personal, whether originally comprised in the said indenture of settlement or subsequently acquired (b) This covenant to surrender of course only applies to copyholds which have been surrendered to the use of the trustees. As to the right of the lord in respect of fines on the appointment of a new trustee, where the original trustee has devised trust estates which are disclaimed by the devisee, see Paterson v. Paterson, L. R., 2 Eq., 31. looms. PRECEDENT APPOINTMENT OF A NEW TRUSTEE MENT OF FREE AND LEASEHOLD ESTATES. to the trustees upon the trusts of the settlement. 31. Declaration of trusts of stocks, &c. which are now vested in the said A. B. and E. F. as such trustees as aforesaid, or either of them, and all the estate and interest of them the said A. B. and E. F. respectively in the same respective premises, TO HAVE AND TO HOLD the HOLD, COPYHOLD, said premises lastly hereinbefore expressed to be hereby assigned unto the said A. B. and G. H., their executors, 30. Habendum administrators, and assigns, Upon the trusts and with and subject to the powers, provisoes, and declarations applicable thereto by virtue of the said indenture of settlement; AND IT IS HEREBY agreed and declared that the said A. B. and G. H., their executors, administrators, and assigns, shall stand possessed of the said respective stocks, funds, securities, and monies which are intended to be transferred to them as herein before recited, after the same respectively shall have been so transferred, upon the trusts and with and subject to the powers, provisoes, and declarations applicable thereto respectively, under or by virtue of the said indenture of settlement, or the said will or other instrument or instruments aforesaid. AND EACH of them, the said A. B. and E. F., so far as relates to his own acts alone, doth hereby, for himself, his heirs, executors, and administrators, covenant with the said G. H., his heirs, executors, administrators, and assigns respectively, that they, the said A. B. and E. F. 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 and covenanted to be surrendered 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 respectively granting, assigning, and surrendering the same respective premises, or any part thereof respectively, in manner aforesaid. IN WITNESS, &c. 32. Covenant against incumbrances. XLIX. APPOINTMENT (by indorsement) of a NEW TRUSTEE of a TERM of YEARS limited by a settlement. PRECEDENT APPOINTMENT OF YEARS. 2. Witnesseth appointment of the new trustee. 3. Witnesseth ment by old further assign THIS INDENTURE, made, &c., BETWEEN the withinnamed A. B. and C. B. his wife [the appointors] of the first part, the within-named E. F. and G. H. [the old 1. Parties. trustees] of the second part, and I. K. of &c. [the new trustee] of the third part. WHEREAS, &c. [recital of the desire of G. H. to be discharged from the trusts, and of the desire of A. B. and C. B. to appoint I. K. to be the new trustee, supra, p. 634 (a)]. NOW THIS INDENTURE WITNESSETH, that, &c. [appointment of I. K. to be a trustee in the place of G. H., supra, p. 612]; AND THIS INDENTURE ALSO WITNESSETH, that in pursuance of the direction in this behalf in the within-written trustees. indenture contained, the said E. F. and G. H., at the request of the said A. B. and C. B. his wife, and also of the said I. K., do hereby assign unto the said E. F. and I. K., their executors, administrators, and assigns (b), ALL AND 4. Parcels. SINGULAR the messuages, lands, tenements, and hereditaments by the within-written indenture limited to the use of the said E. F. and G. H., their executors, administrators, and assigns, for the within-mentioned term of years, with their rights, easements, and appurtenances; AND ALL THE ESTATE and interest of them the said E. F. and G. H. in the same premises; TO HAVE AND TO HOLD the said premises herein before expressed to be hereby assigned (a) The settlement referred to was post-nuptial, so that the deed contained no recital of the solemnisation of the marriage. (b) As to the assignment of personal estate by continuing trustees to themselves jointly with the new trustees, see supra, p. 626, note. 5. Habendum ing and new to the continu PRECEDENT XLIX. APPOINTMENT OF NEW TRUSTEE YEARS. trustees for the term upon the trusts of the settlement. unto the said E. F. and I. K., their executors, administrators, and assigns, for the residue now to come of the said term of years, Upon the trusts and with and subject to the powers, provisoes, and declarations which would have been now subsisting in the same premises by virtue of the within-written indenture, in case this present indenture had not been executed, and the said I. K. had been originally made a party to and trustee of the withinwritten indenture instead of the said G. H., and the name of the said I. K. had accordingly been in the withinwritten indenture inserted throughout instead of the name of the said G. H. (c). [Covenant by E. F. and G. H. severally with I. K. against incumbrances, see supra, p. 627.] IN WITNESS, &c. PRECEDENT L. APPOINTMENT OF REAL ESTATE IN TRUST AND 1. Parties. 2. Recital of the L. APPOINTMENT under a power in a WILL of a NEW THIS INDENTURE, made &c., BETWEEN E. F. of &c. [continuing trustee, who is also the appointor] of the one part, and I. K., of &c. [new trustee] of the other part. WHEREAS A. B., late of &c., duly made his will, dated day of, and thereby devised all the manors, messuages, lands, tenements, hereditaments, and real estate of every tenure (including chattels real) of or to which he should at his death be seised or entitled, or over which he should at his death have a general power of will under which the the trustee is appointed; (c) It would have been sufficient to declare that the premises should be held during the term upon the trusts, &c., "subsisting therein by virtue of the within-written indenture;" see supra, p. 613, note. |