APPOINTMENTS.

Real Estate (to children).

meaning of the parties hereto, that it shall and may be lawful for the said (husband) and (wife) his wife, at any time or times hereafter, and from time to time during their joint natural lives, by any deed or deeds, or writing or writings, under both their hands and seals, to be by them sealed and delivered in the presence of, and attested by two or more credible witnesses, to alter or vary, or absolutely to revoke (1), determine, and make void all and every or any of the uses, estates and limitations hereinbefore made or declared of or concerning the premises hereby appointed to the said (child), and if they shall think proper, and choose so to do, but not otherwise, by the same, or any other deed or deeds, or writing or writings, with or without powers of revocation (2), to be by both of them the said

Where power of

and by this present writing sealed and delivered by her in the pre-
sence of, and attested by the two credible persons whose names are
intended to be hereupon indorsed as witnesses attesting the execution
thereof, DoтH direct, limit and appoint that all and singular the
said lands and hereditaments, with the appurtenances, shall, from
and after the several deceases of them the said (husband and wife),
be and remain, and the said (trustees) and their heirs, and all
and every other person and persons, and his and their heirs, stand-
ing and being seised of and in the said hereditaments, shall at all
times after the death of the survivor of them the said (husband and
wife) stand and be seised thereof, and of every part thereof, with the
appurtenances, to the use and behoof of
his heirs and
assigns for ever, and to and for none other use, intent and purpose
whatsoever: Provided always nevertheless, that these presents shall
not, nor shall any thing herein contained extend or be construed to
extend to the prejudice of any issue of the said (wife) by the said
(husband) begotten, or to be gotten, in case any such issue shall
happen to be hereafter born. IN WITNESS," &c.

(1) As to where a power to revoke prior uses will be good, and revocation good. where not, see ante MOD. PREC. Vol. VII. No. II. pp. 367, 368. n. (1), 394. n. (1), and the cases there cited.

Power of revo

(2) Unless a power of revocation be reserved in the deed of new in order to a fur appointment, the appointment will be an execution and extinguishment of the power; Hele v. Bond, Prec. Ch. 474; D. Marlborough v. Godolphin, 2 Ves. 77; Ld. Teynham v. Webb, ib. 211.

ther appoint

ment.

Appointment by parents to one of the children is sometimes made to enable them to dispose of the estate for their own benefit, and such an appointment for this purpose seems to have been formerly holden to be good, but it is now settled that such appointments are a fraud upon the power, and void.

(husband) and (wife) his wife, sealed and delivered, and attested as aforesaid, to limit, appoint, or declare, any new or other use or uses, estate or estates, interest or interests, of or concerning the same premises, or any part thereof, unto or for the benefit of the said (child) or any other or others of the said children, as to them the said (husband) and (wife) his wife, shall seem fit. IN WITNESS, &c.

APPOINTMENTS.

Real Estate

(to children).

APPOINTMENTS.

Receiver

(of rents).

No. CV.

An Appointment of a Receiver of Rents, &c. (1) to keep down the Interest of a Mortgage.

Variations where the purpose of the Receiver is to secure the payment of an Annnity.

Parties.

Recital of mort

gage.

Appointment of receiver should be by separate deed.

Deed.

Not essential that receiver be a party.

day of

, in the

THIS INDENTURE (2) made the
year of the reign, &c., and in the year of our Lord
BETWEEN (the mortgagor) of, &c., of the first
part, (the mortgagee) of, &c., of the second part, and (the re-
ceiver) (3) of, &c., of the third part (4). WHEREAS by indentures

(1) The appointment of a receiver is frequently made by the mortgage or other deed under which he is to act, but as he is generally, and indeed ought to be, some indifferent person not connected in interest with the transaction which gives rise to his appointment, the more convenient mode is by separate instrument, which prevents the occasion there must otherwise be of his having possession of the deed of assurance.

(2) Every delegation of an authority must be by deed. Co. Lit. 52. a. but it is not necessary it should be by indenture.

(3) It is usual and proper to make the receiver a party to the deed by which he is appointed. See Co. Lit. 52. b. but it is not requisite to the validity of his appointment. See 2 Roll. Ab. R. pl. 12. Shep. Touch. 217.

Receiver for pay(4) If the receiver be appointed for the purpose of securing the payment of annuity. ment of an annuity, make the grantor a party of the first part, the grantee of the second part, and the receiver of the third part, and say,

"WHEREAS by an indenture of three parts, bearing or intended to
bear even date with these presents, and made or expressed to be
made between the said (grantor) of the first part, the said (grantee)
of the second part, and (the trustee) of the third part, the said
(grantor) in consideration of the sum of £
to him paid by

the said (grantee), gave, granted and confirmed, unto the said
(grantee), his executors, administrators and assigns, during the na-
tural life of him the said (grantor) [or as the case was], an annuity,
or clear yearly rent charge, or sum of L
to be issuing and

of lease (1) and release, the lease bearing date the day next before the
day of the date of the release, and the release bearing or intended to
bear even date with these presents, and made or expressed to be made be-
tween the said (mortgagor) of the one part, and the said (mortgagee) of
the other part, the said (mortgagor) in consideration of the sum of
L
therein expressed to be then advanced to him by the said
(mortgagee) by way of loan, and at interest after the rate of £5 per
cent. per annum until repayment thereof, at the time and in the man-
ner therein appointed for that purpose, granted, released and assured,
ALL, &c. (2) TO HOLD the said messuages, lands, tenements and he-
reditaments, unto and to the use of the said (mortgagee), his heirs
and assigns for ever, for the purpose of securing the repayment of the

APPOINTMENTS.

Receiver

(of rents).

payable out of, and charged and chargeable upon all and singular the
messuages, lands, tenements and hereditaments, therein and herein-
after described, and payable by four equal quarterly payments, on
day of
day of

the

the and the

day of

day of

, the
in

every year, with powers of distress and entry upon, and perception of the rents and profits of the said hereditaments and premises so chargeable with the payment thereof, and other remedies for securing the same as therein contained. And for the better securing the payment of the said annuity, the said (grantor), at the request of the said (grantee), thereby demised ALL, &c. TO HOLD the same messuages, lands, tenements, hereditaments and premises, unto the said (trustee), his executors, administrators and assigns, for the term of

years to be thence next ensuing, UPON THE TRUSTS therein expressed."

(1) If the mortgage be by demise, say,

"Whereas by indenture bearing or intended to bear even date with these presents, and made or expressed to be made between the said (mortgagor) of the one part, and the said (mortgagee) of the other part, the said (mortgagor) in consideration, &c, as above, granted and demised ALL, &c. TO HOLD the same messuages, lands, tenements and hereditaments, unto the said (mortgagee), his executors, administrators and assigns, from the day next before the day of the date of the same indenture, for the term of

years

thence next ensuing, at the yearly rent of one peppercorn, if demanded, for the purpose, &c." as above.

Mortgage by demise.

(2) Insert here a description from the mortgage deed of the premises Parcels. conveyed to the mortgage.

APPOINTMENTS. Said sum of £

Receiver (of rents).

Agreement to appoint receiver.

WITNESS. Appointment of receiver.

&c.

ensuing, together with interest for the same after the rate aforesaid in the mean time, by equal half yearly payments on the

and the

day of

day of in every year. AND WHEREAS upon the treaty for the said loan it was agreed that a receiver of the rents and profits of the said lands and hereditaments should forthwith be appointed, upon and for the trusts and purposes hereinafter expressed. Now THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and for the considerations and purposes in the said in part recited indenture expressed, HE the said (mortgagor), at and by the nomination and request of the said (mortgagee), testified by his being a party to, and signing and sealing these presents, and also he the said (mortgagee) HAVE and HATH made, deputed, constituted and appointed, and by these presents DOTH make, depute, constitute and appoint, and in his and their place and stead, and respective places and steads, put the said (receiver) (1), his and their receiver, agent and true and lawful attorney, from time to time in his own name or in the name or names of them the said (mortgagor) and (mortgagee) (2) or either of them, or of their

To collect rents, or his heirs or assigns, or otherwise, to ask, demand, collect in and receive all and every the rents, issues, and profits of all and singular the messuages, lands, tenements and hereditaments, herein before and in the said in part recited indenture of the

day of

described or comprised, or mentioned or intended so to be, of and from the present and all future tenants and occupiers thereof respectively, and of and from all and every other person and persons liable to pay the same, as and when the same shall from time to time become due and payable; and to make such allowances for taxes or otherwise to the said tenants and occupiers, and other persons paying the same, as they respectively shall be lawfully entitled unto,

Trustee of an

estate ought not to be a receiver.

Acts of agent to be in the name of the principal.

(1) It may here be observed to be a general rule of the Courts of Equity, that no person ought to be appointed a receiver who is a trustee of the estate; Anon. 3 Ves. 515; v. Jolland, 8. ib. 72; unless under special circumstances; Sykes v. Hastings, 11. ib. 363; Sutton v. Jones, 15. ib. 584: but it is competent in the parties themselves to appoint such person if they think proper.

(2) A person exercising a mere authority delegated to him, should regularly do all acts in the name of his principal; Combes Ca. 9 Co. 76. b.; 1 Roll. Ab. 330, F. 1.; Frontin v. Small, 2 Stra. 705.; 2 Ld. Raym. 141S, S. C.; but if done in his own name they will be good; Parker v. Kett. 1 Salk. 95.