NEW AND TRUSTEES. THE SCHEDULE ABOVE REFERRED TO. [To contain a list of investments representing the residuary XXXIXA. estate of T. T. deceased.] As to the declaration of trust being unnecessary, see first note at the end of Preced. XXXVI., AND DISCHARGE OF TRUSTEES. XL. RETIREMENT RETIREMENT AND DISCHARGE of a Trustee under C. A. s. 32; and DECLARATION VESTING the RIGHT TO RECOVER part of the trust property in the continuing trustees alone under s. 34 (2); by deed supplemental to the Settlement, Preced. XXXI., and to the appointment of new trustees thereof, Preced. XXXVI. Parties. Recitals. State of settled property. THIS INDENTURE made &c. between A. D. of &c. and B. D. his wife [donees of power] of the first part, Y. of &c. [retiring trustee] of the second part, and Z. of &c. M. of &c., and N. of &c. [continuing trustees] of the third part, and supplemental to an indenture hereinafter called the principal indenture, dated &c., and made between &c., being a settlement made previously to the marriage then intended and since solemnised between the said A. D. and B. D. [Preced. XXXI.], and of which principal indenture the said W., X., Y., and Z. were trustees, and also supplemental to another indenture, itself supplemental to the principal indenture, and hereinafter called the supplemental indenture, dated &c., and made between &c., being an appointment of the said M. and N. as trustees of the principal indenture, in place of the said W. and X. [Preced. XXXVI.] Whereas the husband's trust fund other than the messuage and hereditaments purchased as mentioned in the supplemental indenture, and other than the sum of cash hereinafter mentioned, now consists of the investments mentioned in the first part of the schedule hereto, and the second part of the same schedule contains a debtor AND DISCHARGE OF TRUSTEES. and creditor account showing the sales and investments RETIREMENT made and the receipts and payments of the trustees in respect of the capital of the said trust fund (a); and by such account it appears that there is now a balance of £ cash in the hands of the trustees, standing to their credit at the bank: And whereas the wife's trust fund has not fallen into possession: XL. And whereas the said Y. is desirous of being discharged Desire of from the trusts of the principal indenture : trustee to be discharged. transfer investments and cash, and residence. to vest the And whereas it is intended that immediately after Intention to the execution of these presents the investments mentioned in the first part of the schedule hereto, and the residue of the said cash balance after deducting the costs of and relating to the preparation and execution of these presents or otherwise incurred in the execution of the trusts of the principal indenture, shall be transferred into the joint names of the said Z., M., and N. alone (b): And whereas it is also intended that by an indenture bearing even date herewith, and made between the same parties and in the same order, and supplemental to the conveyance of the aforesaid messuage and hereditaments and to the indenture appointing the said M. and N. to be trustees thereof in place of the said W. and X., the said Y. shall be also discharged from being trustee of the said messuage and hereditaments, and that the same shall be vested in the said Z., M., and N. alone as joint tenants and trustees thereof [next Preced.]: NOW THIS INDENTURE WITNESSETH that the said Y. by this deed declares that he is desirous of being discharged from the trusts of the principal indenture. First Desire to be discharged. testatum. Second testatum. AND THIS INDENTURE FURTHER WITNESSETH that the said A. D., B. D., Z., M., and N. hereby consent to the discharge of the said Y. from the trusts aforesaid, And discharge. (a) This is a better mode of shewing the dealings than recitals. (b) As to the necessity of these transfers, see C. A., s. 34 (3), and where a mortgage forms one of the investments, see recital of intended transfer thereof in Preced. XXXVI. Consent to the RETIREMENT to the vesting in the said Z., M., and N. alone of the trust AND DISCHARGE OF TRUSTEES. XL. Third testatum. Declaration vesting the right to recover chattels and choses in action. property. AND THIS INDENTURE ALSO WITNESSETH that all the parties hereto do and each of them doth hereby declare That all chattels, and also the right of the said Y., Z., M., and N. to recover and receive all debts and things in action subject to the trusts of the principal indenture shall forthwith vest in the said Z., M., and N. alone as trustees of the principal indenture and as joint tenants for the purposes and upon the trusts thereof. In witness. &c. THE SCHEDULE ABOVE REFERRED TO. Part 1. Investments representing the part of the husband's trust fund not invested in the purchase of a residence, and not represented by the cash balance appearing by Part 2. Part 2. Debtor and creditor account. XLI. RETIREMENT AND DISCHARGE of a Trustee of the RESIDENCE purchased by Settlement Trustees, Preced. XXXII.; and DECLARATION VESTING it in the continuing trustees alone. Parties. Recitals that deed is THIS INDENTURE made &c. [same date and parties as the last Precedent.] Whereas these presents are supplemental to an indensupplemental. ture hereinafter called the principal indenture, dated &c., and made &c., whereby a messuage and hereditaments situated at &c., were conveyed to the said W., X., Y., and Z., as trustees upon trust for sale [Preced. XXXII.] And also supplemental to an indenture itself supplemental to the principal indenture, dated &c., and made &c., whereby the said M. and N. were appointed new trustees of the principal indenture in place of the said W. and X. [Preced. XXXVII.] : And whereas Y. is desirous of being discharged from the trusts of the principal indenture: NOW THIS INDENTURE WITNESSETH that Y. by this deed declares that he is desirous of being discharged from the trusts of the principal indenture. RETIREMENT DISCHARGE OF Desire of trustee to be discharged. First testatum. Declaration of Second AND THIS INDENTURE FURTHER WITNESSETH that A. D., desire to be B. D., Z., M., and N. hereby consent to the discharge of discharged. Y. from the trusts aforesaid, and to the vesting in Z., testatum. M., and N. alone of the trust property: Consent to the discharge. testatum. to vesting. Declaration as AND THIS INDENTURE ALSO WITNESSETH that all the Third parties hereto do and each of them doth hereby declare that all the estate and interest of the said Y., Z., M., and N., and each of them in the messuage and hereditaments now subject to the trusts of the principal indenture shall forthwith vest in the said Z., M., and N. alone as trustees of the principal indenture and as joint tenants for the purposes and upon the trusts thereof. In witness &c. RETIREMENT and DISCHARGE of a Trustee of the FREE HOLDS and COPYHOLDS settled in trust for sale XLII. THIS INDENTURE made &c., between A. B. of &c., and Parties. C. B. his wife [donees of power] of the first part, X. of &c. [retiring trustee], of the second part, and W. of &c., M. of &c., and N. of &c. [continuing trustees] of the third part, supplemental to an indenture, hereinafter called the principal indenture, dated &c., whereby freehold hereditaments situated at &c., and copyhold hereditaments situated at &c., were conveyed and covenanted to be surrendered respectively to the said W., X., M., and N. as trustees upon trust for sale [Preced. XXX.] [Recite that Copyholds have not been surrendered and desire of X. to be discharged, and adapt 1st and 2nd witnessing parts of the last Precedent.] AND THIS INDENTURE ALSO WITNESSETH that all the parties hereto do and each of them doth hereby declare That all the freehold hereditaments comprised in the principal indenture shall forthwith vest in the said W., M., and N., alone in fee simple (a) as trustees of the principal indenture and as joint tenants, AND that the right to sue on the covenant contained in the principal indenture to surrender the copyhold hereditaments now subject to the trusts of the principal indenture shall vest in the same three persons absolutely. In witness &c. If X. desires to be discharged from the settlement of even date, Preced. XXXA., his discharge should be by a separate deed supplemental to that Precedent, which can readily be adapted from Preced. XL. XLIII. RELEASE OF Parties. Recitals. That the deed is supple mental to a transfer. RELEASE TO CONTINUING TRUSTEES OF MORTGAGE settled by Preced. XXXV., on the retirement and discharge of a trustee, the trust being disclosed. THIS INDENTURE made &c., between D. D. of &c. and F. D. his wife [donees of power], of the first part, X. of &c. [retiring trustee] of the second part, and Sir F. B. of &c., Bart., and A. D. of &c. [continuing trustees] of the third part. Whereas this indenture is supplemental to an indenture of transfer of mortgage hereinafter called the principal indenture dated &c., and made between the said F. D., then F. B., of the first part, the said D. D. of the second part, and the said Sir F. B., A. D., and H. D. B. of the third part, for securing the payment to the parties thereto of the third part of the principal sum of £3000 (a) The words of this declaration of vesting the freeholds differ from those used in preceding Precedents, and are given as another illustration of a declaration under s. 34 of the C. A. |