UNDER POWER

APPOINTMENT during the lives of the said A. B. and C. D., and after the TO CHILDREN. decease of the survivor of them the said A. B. and C. D., IN TRUST for, &c. (set out fully the trust for issue as husband and Appointment wife should jointly appoint): AND WHEREAS the said I. K. having died, L. M. of, &c., was by an indenture dated the day of

of a new trustee.

of trust funds.

That there are issue six children, three of age, and three

one about to

-, 18-, indorsed on the said indenture of settlement, appointed to be a trustee of the said indenture of settlement in the place of the said I. K., under a power therein contained for Present state that purpose: AND WHEREAS the investments of the trust funds comprised in the said indenture of settlement have been from time to time varied under a power therein contained for that purpose, and the settled trust funds now consist of, or are represented by, the particulars set forth in the schedule hereunder written: AND WHEREAS there are issue now living of the said A. B. and C. his wife, six children, namely: N. B., O. B., P. B., R. B., S. B., and T. B., of whom the said N. B., O. B., and under age, and P. B., have attained the age of twenty-one years, and the said R. B., S. B., and T. B., are under that age, and the said N. B. is about to marry X. Y., of, &c. : AND WHEREAS the said A. B. and C. his wife are desirous of making such appointment as is hereinafter expressed: NOW THESE PRESENTS WITNESS, that the said A. B. and C. his wife, in exercise of the power for this purpose given to them by the said indenture of settlement as aforesaid, and of all other powers (if any) them hereunto enabling, hereby APPOINT that the trustees or trustee for survivor of the time being of the said indenture of settlement do and them) to all their children shall, from and after the decease of the survivor of them the equally. Shares of those said A. B. and C. his wife, stand possessed of all the trust funds now of age to and property subject to the trusts of the said indenture of setdiately, shares tlement, IN TRUST for the said N. B., O. B., P. B., R. B., S. B.,

marry.

Witnessing part.

Parents in exercise of power appoint trust funds (after decease of

vest imme

of infant sons

Execution of powers by infants.

good. Davies v. Huguenin, 1 H. & M. 730; Coffin v. Cooper, 2 Dr. & Sm.

365.

If a donee covenants to appoint a certain sum in favour of one of the objects, the fact that it becomes thereby his interest to comply with the covenant does not render void a subsequent appointment in accordance with the covenant.

An infant cannot execute a power over real estate, except a power simply collateral (Hearle v. Greenbank, 3 Atk. 695); but, as regards personalty, he may exercise, otherwise than by will, a power in gross, i. e., a power over property which but for the appointment would belong to some other person. It follows that the ordinary power of appointment among children contained in the marriage settlement of an infant may be exercised by her during infancy. Re D'Angibau, 15 Ch. D. 228; Palmer v. Locke, 15 Ch. D. 294.

UNDER POWER
TO CHILDREN.

to vest at

and shares

daughters to

riage.

and T. B., in equal shares, the shares of the said N. B., O. B., APPOINTMENT and P. B. to be vested interests in them immediately upon the execution of these presents, and the shares of the said R. B. and S. B. to be vested interests in them respectively upon their twenty-one, respectively attaining the age of twenty-one years, and the share of infant of the said T. B. to be a vested interest in her upon her attain- vest at twentying the age of twenty-one years or marrying (which shall first one or marhappen): PROVIDED ALWAYS, that if any or either of them, the Accruer clause said R. B., S. B., and T. B., shall die before attaining a vested death of any interest in his or her share of the said trust funds and property, attaining a then, and in every such case, as well the original share of him vested interest. or her so dying, as also any share accruing to him or her under this clause, shall go and accrue to the said N. B., O. B., and P. B. and the other or others of them the said R. B., S. B., and T. B.,

in case of

child before

deed.

in equal shares PROVIDED ALSÓ, and it is hereby declared, that Power of it shall be lawful for the said A. B. and C. his wife, at any time ovation by during their joint lives, or for the survivor of them during his or her life, by any deed or deeds to revoke either wholly or partially the appointment hereby made, EXCEPT that if the marriage Except as to now intended between the said N. B. and X. Y. shall be about to solemnized within six calendar months from the date hereof, marry, if this power of revocation shall not apply to the share of the said place. N. B. hereunder.

IN WITNESS, &c.

share of son

marriage takes

THE SCHEDULE ABOVE REFERRED TO.

NOTICE TO TRUSTEES OF APPOINTMENT.

No. XXXVIII.

NOTICE to TRUSTEES of a SETTLEMENT of an APPOINT-
MENT of PART of the TRUST FUNDS.

TO, the trustees of an indenture, dated, &c., and made, &c.,
(date and parties). WE, A. B., of, &c., and C., his wife, hereby
give you notice that by a deed dated, &c., we have appointed a
share in the trust funds settled by the above-mentioned settle-
ment to our daughter in contemplation of her marriage

DIRECTION TO
TRUSTEES
TO CHANGE
INVESTMENTS.

Direction to

trustees to sell

advance

moneys on mortgage.

No. XXXIX.

DIRECTION by HUSBAND and WIFE, whose consent is made requisite to any change of INVESTMENT, to sell out STOCK and to advance the produce at interest on MORTGAGE of a REAL ESTATE.

WE, A. B., of, &c., and C. his wife, hereby request that under out stock and the power for this purpose given to you by an indenture dated the day of (being the settlement made on our marriage), you will forthwith by the sale of a competent part of the sum of £1,000 23 per cent. Consolidated Stock, now standing in your names as trustees of the said indenture, raise the sum of £sterling, and invest the same on mortgage of the farm and lands called the farm, situate in the parish of, in the county of, belonging to E. F., of, &c., at interest after the rate of £4 per cent. per annum.

AS WITNESS our hands this

day of

A. B. and C. B. (husband and wife). To L. M. and N. O. (trustees of settlement).

No. XL.

DIRECTION by HUSBAND and WIFE to TRUSTEES to make
immediate payment of part of DAUGHTER's expectant share
in the TRUST MONEYS, pursuant to a POWER of AD-

VANCEMENT.

WE, A. B., of, &c., and C. his wife, hereby request that, under
the power for this purpose contained in a certain indenture,
dated, &c., and made, &c. (being the settlement made on our
marriage), you will forthwith advance and pay the sum of £-
out of the trust moneys and property comprised in the said in-
denture of settlement unto our daughter as an advancement
for her benefit in the prospect of the marriage now intended to
be shortly solemnized between her and

A. B. and C. B. (husband and wife).
To E. F. and G. H. (trustees).

No. XLI.

NOTICE by TENANT for LIFE to the TRUSTEES and their
SOLICITOR OF INTENTION to make a SALE, EXCHANGE,
PARTITION, LEASE, or MORTGAGE of SETTLED LAND
under the POWERS of the SETTLED LAND ACT, 1882 (a).

To C. D., of, &c., E. F., of, &c., and I. K., of, &c., the trustees
for the purposes of the Settled Land Act, 1882, of an indenture
of settlement dated, &c., and made, &c. (state date and parties).

(a) See sect. 45.

The notice must be sent separately to each of the trustees in a registered letter addressed to his usual or last-known place of abode in the United Kingdom, and also to the solicitor of the trustees if known to the tenant for life, addressed to his place of business.

A notice in general terms is sufficient. See 47 & 48 Vict. c. 18, s. 5.

BY TENANT FOR

LIFE TO

TRUSTEES OF INTENTION TO

SELL, ETC.

BY TENANT FOR

LIFE TO

And to L. M., the solicitor of the above-named trustees, whose

TRUSTEES OF place of business is, &c. (state place of business).

INTENTION TO
SELL, ETC.

Notice of

intention to sell specified lands

or to sell generally.

I, A. B., of, &c., being tenant for life under the above-mentioned indenture, hereby give you notice that I intend, by virtue of the power for this purpose vested in me by the said Act, to sell the hereditaments mentioned in the schedule hereto, being part of the hereditaments settled by the said indenture [or to sell all or any of the hereditaments settled by the said indenture as and when opportunities arise].

or,

To exchange. to make an exchange of the hereditaments mentioned in the schedule hereto, being part of the hereditaments settled by the said indenture, for hereditaments belonging to X. Y., of, &c., situate in the same parish, [and to raise the money (if any) which may be required for equality of exchange by a mortgage of all or some of the hereditaments to be received in exchange].

To make partition.

To make a lease.

or,

to make a partition of the undivided moiety settled by the said indenture of and in all the hereditaments therein in that behalf mentioned [or of and in the hereditaments mentioned in the schedule hereto, being part of the hereditaments mentioned in the said indenture], with the owner or owners of the other undivided moiety thereof [and to raise the money (if any) which may be required for equality of partition by a mortgage of all or some of the hereditaments to be acquired under such partition].

01',

to make a lease of the land [or messuage and land] mentioned in the schedule hereto, being part of the hereditaments settled by the said indenture, for a term of twenty-one years [or for a term not exceeding years for building purposes].

01,

To make leases to make building, mining, and other leases of the lands and generally. hereditaments settled by the said indenture, or some part or parts thereof as and when opportunities arise.

or,

To make sales, to make sales, exchanges, and leases of the lands and heredita