No. XIII. APPOINTMENT by TENANT FOR LIFE of a NEW TRUSTEE THIS INDENTURE, made the OF NEW TRUSTEE OF TERM. day of, 18-, BE- Parties. of new trusteo of term, and declaration viving and TWEEN the within [or above] named A. B. (appointor), of the one part, and C. D., of, &c. (new trustee), of the other part: WITNESSETH that in consequence of the death of the within Appointment [or above] named G. H. (which event happened on the day of, 18-), the said A. B., in exercise of the power for that term shall this purpose, &c., hereby appoints the said C. D. to be a trustee vest in surof the term of years created by the said indenture of new trustee. settlement in the place of the said G. H. deceased, and jointly with the within-named E. F., and declares that all the lands and hereditaments comprised in and subject to the uses of the said indenture, shall forthwith and without any assignment vest in the said C. D. and E. F. as joint tenants for the residue of the said term of years upon the trusts now affecting the same under the said indenture. IN WITNESS, &c. No. XIV. APPOINTMENT by a SURVIVING TRUSTEE of one NEW OF ONE TRUSTEE IN PLACE OF TWO. THIS INDENTURE, made the day of, 18-, BE- Parties. of one new part, and C. D., of, &c. (new trustee), of the other part: WIT- Appointment NESSETH, that in consequence of the deaths of the within- trustee in named E. F. and G. H., which events happened on the day place of two. (a) It is supposed in this case that by the settlement different trustees are appointed for the term of years to those appointed for general purposes. OF ONE TRUSTEE IN of —, 18—, and the day of 18-, respectively, PLACE OF TWO. the said A. B., in exercise of the power for this purpose conferred by the Conveyancing and Law of Property Act, 1881, and of all other powers (if any) him hereunto enabling, hereby appoints the said C. D. to be a trustee of the within-written indenture in the place of the said E. F. and G. H. deceased, and jointly with him the said A. B. for all the purposes for which the said A. B., E. F., and G. H. were appointed trustees by the said indenture, and also for the purposes of the Settled Land Act, 1882: Conveyance of AND THIS INDENTURE ALSO WITNESSETH, that in lands to new trustees. consequence of the foregoing appointment, and to give full effect thereto, the said A. B. as trustee hereby conveys (a) unto the said A. B. and C. D., all the lands, tenements, and hereditaments comprised in the within-written indenture: TO HOLD the same unto and to the use of the said A. B. and C. D. as joint tenants in fee simple, UPON the trusts affecting the same under the said indenture. IN WITNESS, &c. OF SEPARATE TRUSTEES FOR Parties. Recitals. No. XV. APPOINTMENT of NEW TRUSTEES of a WILL, a SEPARATE THIS INDENTURE, made the day of, 18—, BETWEEN A. B., of, &c. (surviving trustee of will), of the first part, C. D., of, &c. (new trustee of one fund), of the second part, and E. F., of, &c. (new trustee of the other fund), of the third part. (Recite will, giving two legacies of £5,000 each upon trusts for two daughters, L. H. and M. H., and their children respectively, and state what investments represent each legacy, and death of one (a) In this case the surviving trustee, being the appointor, may as well convey the legal estate as make a vesting declaration under s. 34 of the Act. (b) See Conveyancing Act, 1882, s. 5. TRUSTEES FOR FUNDS. of one trustee and another trustee, X. Y., leaving A. B. the surviving trustee): NOW OF SEPARATE THIS INDENTURE WITNESSETH, that the said A. B., in exercise of the power for this purpose conferred by the Conveyancing Acts, 1881, 1882, and of all other powers (if any) him Appointment hereunto enabling, hereby appoints the said C. D. to be a trustee for one fund, of the said will in the place of the said X. Y. deceased, and trustee for the jointly with him the said A. B., so far as regards the said trust other fund. legacy of £5,000, by the said will directed to be held on trust for the said L. H. and her children as aforesaid, and the investments representing the same, and the said E. F. to be a trustee of the said will in the place of the said X. Y. deceased, and jointly with him the said A. B., so far as regards the said trust legacy of £5,000 by the said will directed to be held in trust for the said M. H. and her children as aforesaid, and the investments representing the same (c). IN WITNESS, &c. No. XVI. TRUSTEE. DEED to DISCHARGE a TRUSTEE wishing to RETIRE from DISCHARGE OF THIS INDENTURE, made the day of, 18-, BE- Parties. TWEEN A. B., of, &c., and C. D., of, &c. (continuing trustees), of the first part, E. F., of, &c. (person empowered to appoint new trustees), of the second part, and G. H., of, &c. (retiring trustee), of the third part, and supplemental to an indenture dated, &c. (date and parties), being a settlement, &c. [or to the abovewritten indenture of settlement, dated the day of 18-]: WITNESSETH, that the said G. H. hereby declares Discharge of that he is desirous of being discharged from the trusts of the trustee. said indenture of settlement: AND the said A. B. and C. D., and also the said E. F., hereby consent to the discharge of the said (c) It is assumed that the investments will be transferred by separate instruments. TRUSTEE. Retiring trustee releases lands to continuing trustees, DISCHARGE OF G. H. from the said trusts, and to the vesting in the said A. B. and C. D. alone of the trust property: AND THIS INDENTURE ALSO WITNESSETH, that in consideration of the premises the said G. H. as trustee hereby releases (a) unto the said A. B. and C. D., All the lands, tenements, and hereditaments comprised in the said indenture of settlement: To HOLD the same unto and to the use of the said A. B. and C. D. in fee simple, upon the trusts now affecting the same under the said and agrees to indenture: AND the said G. H. hereby covenants with the said A. B. and C. D. that he the said G. H. will forthwith duly transfer the stocks, funds, and securities mentioned in the schedule hereto, and which now represent the stocks, funds, and securities settled by the said indenture so as to vest the same in the said A. B. and C. D. alone, to be held by them upon the trusts affecting the same under the said indenture. transfer to them trust funds. IN WITNESS, &c. THE SCHEDULE ABOVE REFERRED TO. OF WILL IN TRUSTEE. Parties. No. XVII. APPOINTMENT by SURVIVING TRUSTEE of a NEW TRUSTEE of a WILL of REAL and PERSONAL Estatewhere the Estate has not been realized (b). THIS INDENTURE, made the day of 18—, BE TWEEN A. B., of, &c. (surviving trustee), of the one part, and Recital of will. E. F., of, &c. (new trustee), of the other part: WHEREAS X. Y., late of, &c., deceased, duly made his will dated the day of 18-, and thereby (after sundry devises and bequests) gave, devised, and bequeathed all his real and personal estate (a) See note to Precedent No. XIV. (b) Where the particulars of the property have been ascertained and the debts, &c. paid, the next Precedent should be used. OF WILL IN DECEASED TRUSTEE. of new trustee. not thereby otherwise disposed of unto the said A. B. and C. D., of, &c., upon the trusts therein declared concerning the same: AND, &c. (power to appoint new trustees, and appointment of A. B. and C. D. to be executors —death of testator, and probate of his will by both executors-death of C. D.): AND WHEREAS the estate of the said testator has not been fully got in nor have all his debts been yet paid: NOW THIS INDENTURE WITNESSETH that, Appointment the said A. B. in exercise of the power for this purpose conferred by the Conveyancing and Law of Property Act, 1881, and of all other powers (if any) him hereunto enabling, hereby appoints the said E. F. to be a trustee of the said will in the place of the said C. D.: And the said E. F. hereby consents to be a trustee of the said will accordingly: AND THIS INDENTURE ALSO WITNESSETH, that in con- Conveyance sideration of the premises, the said A. B. as trustee hereby real estate of residuary conveys unto the said A. B. and E. F., ALL the testator's real so as to estate vested in the said A. B., as the surviving trustee of the viving and said will: TO HOLD the same unto and to the use of the said vest in sur new trustees upon trusts of the rights and privileges of the surviving such shall not executor as be affected. A. B. and E. F., their heirs and assigns, UPON the trusts will. and with and subject to the powers and provisions by and in the said will declared and contained of and concerning the same: PROVIDED ALWAYS, and it is hereby declared, that these Proviso that presents shall not operate as an assent by the said A. B. in his character of executor to the aforesaid residuary bequest nor prevent him from calling in the outstanding personal estate, or any part thereof, or applying the same in payment of debts or otherwise in a due course of administration, or from doing any other act or thing in his character of executor which he might have done if these presents had not been executed, but the position of all parties after the execution of these presents shall be the same in all respects as if the said E. F. had been named in the said will as a trustee (but not an executor) in the place of the said C. D., and these presents had not been executed. IN WITNESS, &c. |