CONVEYANCE OF NEW TRUSTEES OF A CHARITY. pointment of new trustees of charities and other associa tions. PRECEDENT LIII. new trustees of charities and other associations:-2 & 3 Will. IV. c. 57, s. 3; 13 & 14 Vic. c. 60 (the Trustee Act, 1850); and 16 & 17 Vic. c. 137 (the Charitable Trusts Act, 1853); and the Amendment Acts of 23 & 24 Vic. c. 136; 25 & 26 Vic. c. 112; 32 & 33 Vic. c. 110, as to the appointment of new trustees, and vesting of the trust estate by order of courts of competent jurisdiction, or of the Charity Commissioners:-13 & 14 Vic. c. 28 (Peto's Act), providing for the vesting of lands held in trust for religious and educational associations, on the appointment of new trustees without any conveyance (as to the construction of which Act, see Re Hoghton Chapel, 2 W. R., 631), extended by 17 & 18 Vic. c. 112, s. 12, to literary, scientific, and other associations; and further extended by 15 & 16 Vic. c. 49 (school sites); and 32 & 33 Vic. c. 26 (burial grounds):—and see 16 & 17 Vic. c. 137, s. 65, as to lands formerly vested in municipal corporations on charitable trusts. See also 16 & 17 Vic. c. 137, ss. 48-50; 18 & 19 Vic. c. 124, ss. 15, 37, as to vesting the legal estate in lands in the official trustee of charity lands-16 & 17 Vic. c. 137, ss. 62, 63; 18 & 19 Vic. c. 124, s. 47; and 32 & 33 Vic. c. 110, s. 14, as to the exemption of societies supported by voluntary contributions and other bodies from the Charitable Trusts Acts:-35 & 36 Vic. c. 24, as to the incorporation of trustees of charities. That a conveyance of lands already in mortmain, as in the above Precedent, need not be enrolled under the Mortmain Acts, see Ashton v. Jones, 28 Beav. 460. INDEX TO INTRODUCTIONS AND NOTES. ABROAD, form of will dealing with real estate situate, 350 seq. ACCRUER, form of clause of, where shares are settled, 320, 360 ACCUMULATION, how limited by the Thellusson Act, 230, 311, 328, 330 for payment of debts, 338 clauses for, reference to Vol. III. concerning, 45 ADEMPTION, doctrine of, applies to invalid instrument confirmed by of legacies by portions, 157 of specific bequest of stock by change of investment, 326 of specific legacy of a debt, how provided for, 378 ADMINISTRATION, order in which debts should be paid, 33, 380 costs of action for, included in testamentary expenses, 33, xxxix how far borne by personal estate, 510 ADVANCEMENT, see ADVANCES power of, its nature, 44 out of appointed shares, 278 purchase in name of another when held to be, 103, xl ADVANCES, clause directing, to be brought into hotchpot, 157, xli interest on, when charged, 157 when, constitute debts, 158 when in satisfaction of portions, 538 ADVOWSON, trusts of, 553 ALIENATION, see ANTICIPATION, FORFEITURE ANNUITIES, position of gift of, in will, 4 prima facie are for life of donees, 104, xl commencement of, 105 are apportionable under Act of 1870, 105 effect of fund becoming insufficient, 111, 112, xl when charged on corpus, 111 determinable on bankruptcy or alienation, 127, xl not given absolutely must not be purchased in name of annuitant, 181 given free of deduction, meaning of phrase, 402, 458 as to securing by term, or power to limit term, 460 different modes of giving by will, 493 when charged on land, 493 ANTICIPATION, real estate may be subject to restraint on, 124, 321, 580 best form of gift, 125 absolute gift may be subject to restraint on, 322, xliv restraint on, when void for remoteness, 592, xliv APPOINTMENT, of new trustees, see NEW TRUSTEES by married woman, see MARRIED WOMAN of residue, when it comprises portions incompletely ap- pointed, 279, xliii will exercising power of, how executed, 268 general power of, exercise of, what sufficient, 30, 280 makes fund assets, 30, 280, 583, xl how far subject to rule against remote- ness, 226, 562, 580 gift under, is within s. 33 of Wills Act, 43 given by will not exercised by will of donee if he who proper trustees of gift under, 584 testamentary power in marriage settlement, proper limited power of, exercise of, what sufficient, 30 how far subject to rule against remote- ness, 226, 277, 281, xliii enlargement of, under doctrine of election, 268 283, 290 gift under, not within s. 33 of Wills Act, 43, 268 every power now exclusive, 268 duties payable on gifts under, 268 who proper trustees to carry out appointment under, among issue, usual only in wills made soon after marriage, 40 given to wife during widowhood, 39 exercise of, when void for remoteness, 226, 281, xliii APPORTIONMENT, annuities are subject to, on death, 105 of current payments at testator's death, 332 APPORTIONMENT-continued of dividends between tenant for life and remainderman, 333, of charges between two estates settled to different uses, 551 APPROPRIATION, where directed for annuity, interest should be given till, 105 effect of fund becoming deficient, 111, 112, xl annuitant's right to require, 111 what proper investment for, 110 whether to be carried out, if prior trusts fail, 271 ASSIGNMENT, by a person to himself and another, 621, 626 ATTESTATION, of instrument exercising powers, 612 legacy to attesting witness void, 64 if witness a trustee, 64 by will to attesting witness of codicil good, 64 to class, one of whom is attesting witness, 64 BANKRUPTCY, see LIFE INTERESTS BUSINESS, stock in trade of, not treated as consumables, 72, xxxix responsibilities of trustees who carry on, 161 effect of bequest of share of, under power in partnership CELIBACY, gifts during, 38 CHARITY, what are charitable legacies, 128, xl what legacies are within Mortmain Act, 129, 132, x when purchase of land involved, 130, xli |