tended so to be as aforesaid, with their and every of their rights, members, and appurtenances unto the said (continuing and new trustees) and their heirs, but nevertheless to and for such and the same uses, upon such and the same trusts, and to and for such and the same ends, intents and purposes, and under and subject to such and the same powers of sale and exchange, and other powers, provisoes, declarations, and agreements as are contained, expressed, or declared of or concerning the same hereditaments and premises in and by the within in part recited indenture of release, or such and so many of them as are now subsisting and capable of taking effect, to and for the said end, intent, and purpose that they the said (continuing and new trustees), and the survivors and survivor of them, and the heirs of the survivor, and their and his assigns, may be enabled to perform and execute all and every the same trusts, and exercise all and every the same powers and authorities in like manner in all things as if the names of the said (new trustees) had been inserted in the said indenture of settlement instead of the names of the said (deceased or resigning trustees), and to, for, and upon no other use, trust, intent, or purpose whatsoever. IN WITNESS, &c. APPOINTMENTS. New Trustees (Freeholds). APPOINTMENTS. New Trustees (Leaseholds). No. CVIII. Appointment of New Trustees of Leasehold Property in the room of Old Trustees deceased or resigning. Where the Variations where one or more new trustees are appointed to act in conjunction with one or more of the old trustees. appointment is by Indorsement on the trust deed. appointment is of Executors. Where the year of the reign, &c. and in the year , in the day of of our Lord 18 day of BETWEEN (the old trustees) of, &c. (2), of the first part (the husband and wife, or other celles qui trust), of, &c. of the second part, Recital of mar- and (the new trustees), of, &c. of the third part (3). WHEREAS (4), riage settlement. by indenture of assignment, bearing date the which was in the year and made or expressed to be made between &c. and purporting to be a settlement made previously to a marriage then in contemplation, and which afterwards took effect between the said (husband and wife), certain leasehold messuages or tenements and premises, therein particularly described, were assigned unto the said (old trustees), their executors, administrators, and assigns, for the residue of the several terms of years then to come therein, upon the trusts therein declared concerning the same. AND WHEREAS, Indorsement. Partial change of trustees. Indorsement, (1) See notes to No. CVII. ante, p. 350. (2) If the deed of appointment be by indorsement, say, "the within named," instead of describing the parties. (3) If the appointment be of one or more trustees in the room of deceased or resigning trustees, see ante, p. 350, n. (3), and add, "And A. B. of, &c., a person named and appointed by and on the behalf of the said (continuing trustees) for the purposes hereinafter mentioned, of the fourth part." (4) If the appointment be by indorsement, the recital of the settlement may of course be omitted. APPOINTMENTS. New Trustees (Leasehold). Resignation of old trustees. WITNESS. Appointment of new trustees. &c. (1). AND WHEREAS (2) the said (old trustees) are desirous of FURTHER WITNESS. Old trustees as (1) Recite here the power of appointing new trustees on the death or resignation of the old trustees. The form will be similar to that given, ante, No. CVII. p. 351. (2) If the change be of one or more trustees only, and not the whole of the old, see ibid. p. 350. n. 3. (3) If the appointment of the new trustees be by the survivor of the husband and wife, or by the surviving trustees, see ante, p. 353. n. 1. (4) If one or more new trustees be appointed, see ante, p. 354. n. (1). (5) If the appointment be of one or more trustees, to act in conjunc- Partial change tion with the continuing trustees, say, "For the purpose of vesting the said messuages or tenements, and premises in the said (new trustees) jointly with the said (continuing trustees), for the remainder of the several terms of years now to come therein respectively, in pursuance, &c." as above. SUP.VOL. I. CC of trustees. APPOINTMENTS. New Trustees (Leasehold). Parcels. in hand well and truly paid by the said (new trustees) at the time of the execution of these presents, the receipt whereof is hereby acknowledged, THEY the said (old trustees) at the request, and by the direction and appointment of the said (husband and wife) testified by their severally being parties to, and sealing and delivering these presents, HAVE, and each of them HATH, bargained, sold, assigned, transferred, and set over, and relinquished and quitted claim, and by these presents, Do, and each of them DOTH, bargain, sell, assign, transfer, and set over and relinquish, and quit claim, and by way of conveyance only, and not for or by way of warranty of title, Do, and each of them Dотн, grant and confirm, unto the said (new trustees) (1) their executors, administrators, and assigns, ALL &c. (2), being the several messuages or tenements, and premises, which in or by the hereinbefore in part recited indenture of settlement of the day of were assigned unto them the said (old trustees) as aforesaid, or mentioned or intended so to be, and all other the messuages or tenements, and premises, of and to which they the said (old trustees) are under or by virtue of the said hereinbefore in part recited indenture, possessed of or entitled to at law or in equity, or which are legally or equitably subject to the trusts, powers, provisoes, declarations, or agreements contained in the said indenture of settlement, together with all and every the rights, members, easements, privileges, advantages, and appurtenances, to the same premises belonging, or therewith, or with any part thereof now or usually occupied or enjoyed, and all the estate, right, title, interest, term, and number of years now to come and unexpired, property, claim and demand whatsoever, both at law and in equity, of them the said (old trustees) in, to, out of, upon or respecting the said premises or any part thereof; TO HAVE AND TO HOLD the said messuages or tenethe residue of the ments, and all and singular other the premises hereby assigned, or otherwise assured or intended so to be, and every part and parcel of the To hold to the new trustees for term. Partial change of trustees. Parcels. Indorsement. (1) If there be one or more new trustees appointed to act in conjunction with the continuing trustees, say, "Unto the said A. B. his executors, administrators, and assigns.” (2) Here describe the premises intended to be assigned to the new trustees. If the assignment be by indorsement, and there be no variation in the description of the parcels, they may be omitted, and say, “ALL and singular the messuages or tenements and other the premises in the within written indenture described, and thereby assigned, or now assured or vested in the said (old trustees), &c." as above. same, with their and every of their respective rights, members, privileges, easements, advantages, and appurtenances, unto the said (new trustees) (1), their executors, administrators, and assigns, from APPOINTMENTS. New Trustees (Leasehold). (1) If there be one or more new trustees appointed to act in conjunc. Partial change tion with the remaining or continuing trustees, say, "Unto the said A. B. his executors, administrators, and assigns, from henceforth for and during the residue and remainder of the said several terms of years, which are or may be now to come and unexpired in the said premises by efflux and computation of time, SUBJECT nevertheless to the payment of the yearly rents in or by the said several indentures of lease reserved respectively, and to the performance and observance of the several covenants, clauses, provisocs, and agreements therein contained, to be henceforth paid, performed, or observed for, or in respect of the said premises, BUT UPON TRUST nevertheless, and to the end and intent, that he the said A. B., his executors, or administrators, shall and do forthwith and immediately after the sealing and delivery hereof, by an indenture already prepared and engrossed, and indorsed on these presents, and bearing, or intended to bear even date herewith, or by some other indenture, deed poll, or proper assurance, assign and transfer all and singular the messuages or tenements, and other the premises hercinbefore assigned or mentioned or intended so to be, and all the estate, right, title, trust, and interest, of him the said A. B. therein and thereto, unto them the said (continuing and new trustees), their executors, administrators, and assigns, so and in such manner as that the same may be well and effectually vested in them, upon and for such and the same trusts and purposes, and under and subject to such and the same powers, provisoes, declarations, and agreements, as are contained, expressed, or declared, of or concerning the same messuages or tenements, and premises, in and by the hereinbefore in part recited indenture of settlement, or such and so many of them as are now subsisting and capable of taking effect." of trustees. The reason of the assignment to A. B. arises from the necessity of the Use of indorsed trustees having a joint-tenancy in the trust property, in order that upon assignment. the death of either it may vest in the survivor, and the impossibility of a person conveying to himself; hence it becomes requisite that the continuing trustees should divest themselves of the trust estate, for the purpose of its being again vested in them, at the same time, and by the same conveyance by which it is vested in the new trustees, which gives them a joint and co-equal estate, see 2 Blac. Com. 180. ; but in the case of freehold property, the same thing may, in many cases, be effected by the statute of uses, by conveying the estate to the new trustees only, to the use of themselves and of the former trustees. See ante, No. CVII. p. 350. n. 3. |