APPOINTMENTS. New Trustees (Leasehold). Subject to the rents and covenants in the lease. Upon the trusts contained in the settlement. Covenant by the old trustees that they have done no act to encurn ber. 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, provisoes, and agreements therein contained, to be henceforth paid, performed, or observed, for or in respect of the same premises, BUT upon and for such and the same trusts, intents, and purposes, and under and subject to such and the same powers of sale and exchange, and other powers and provisoes, as are contained, expressed, or declared, of or concerning the same premises, in and by the said in part recited indenture of settlement, or such and so many of them as are now subsisting, and capable of taking effect; to and for the end, intent, and purpose, that they the said (new trustees) and the survivors and survivor of them, and the executors and administrators of such 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 in part recited indenture of settlement, instead of the names of them the said (old trustees), and to, for, and upon no other use, intent, or purpose, whatsoever. AND they they said (old trustees) for themselves severally and respectively (1), and for their several and respective heirs, executors, and administrators, but not the one for the other of them, or the heirs, executors, and administrators, or the acts, deeds, omissions, or defaults of the other of them, but each for himself only, and his own heirs, executors, and administrators, and acts, deeds, and defaults, do and each of them doth hereby covenant, declare, and agree, with and to the said (new trustees) their executors, administrators, and assigns, that they the said (old trustees) have not, nor hath any or either of them (each covenanting separately as aforesaid), at any time heretofore, either together or separately, made, done, committed, executed, or knowingly occasioned, suffered, or omitted, nor been parties or privies, or party or privy to any act, deed, matter, or thing whatsoever, whereby or by reason or means whereof, the said messuages or tenements, and premises hereby assigned, or mentioned or intended so to be, or any of them, or any part thereof, are, is, can, (1) See observations on this covenant, ante, MOD. PREC. Vol. II. p. 245. n. (33), where a different form is given. APPOINTMENTS. (Leasehold). shall or may be impeached, charged, encumbered, or prejudicially affected in any manner howsoever, or whereby the said (old trustees) New Trustees are or may be in any wise prevented from assigning and assuring the said messuages, or tenements, and premises, or any part thereof, unto the said (new trustees), their executors, administrators and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents (1). IN WITNESS, &c. (1) Here may be added, a release and acquittance from the celles qui Release from trust to the retiring trustees, if such be the intent of the parties; the celles qui trust. form of such release will be found ante, No. XI. p. 87. n. (19). APPOINTMENTS. New Trustees (Leasehold). Parcels. The Re-assignment of Leasehold Property from A. B. to the old and new trustees, to be indorsed on the preceding deed (1). day of THIS INDENTURE of two parts made the in the year of our Lord 18 BETWEEN the within named A. B. of the one part, and the within named (continuing and new trustees) of the other part, WITNESSETH that in performance and execution of the trusts in him reposed by the within written indenture, and in consideration of the sum of 58. of lawful English money, to the said A. B. in hand well and truly paid by the said (continuing and new trustees) at the time of the execution of these presents, the receipt whereof is hereby acknowledged, HE the said A. B. HATH bargained, sold, assigned, transferred, and set over, and by these presents DоTH bargain, sell, assign, transfer, and set over, and by way of conveyance only, and not for or by way of warranty of title, DоTH grant and confirm unto the said (continuing and new trustees), their executors, administrators, and assigns, ALL and singular the messuages or tenements, and other the premises in the within written indenture described, and thereby assigned unto the said A. B., his executors, administrators, and assigns, or mentioned so to be, with their and every of their rights, members, and appurtenances; and all the estate, right, title, interest, trust, property, possession, claim, and demand whatsoever, both at law and in equity, of him the said A.B. of, in, to, out of, or concerning the same premises, and every or any part thereof, under or by virtue of the within written indenture, or otherwise howsoever; TO HAVE AND TO HOLD the said messuages or tenements, and all and singular other the premises hereby assigned, or mentioned or intended so to be, with their and every of their appurtenances, unto the said (continuing and new trustees) their executors, administrators, and assigns, from henceforth for and during all the residue and remainder of the several terms of years, which are or may be now to come and unexpired, in the said premises, by efflux Subject to rents 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, provisoes, and agreements therein contained, to be henceforth paid, performed, or observed, for or in respect of the same premises, To hold to the old and new trustees. and covenants in the leases. (1) See ante, pp. 350. n. 3. 365. n. (1). BUT APPOINTMENTS. New Trustees (Leasehold). Upon the trusts of the settlement APPOINTMENTS. New Trustees (Money in funds). No. CIX. *An Appointment of New Trustees of Money in the Funds, in the room of Old Trustees deceased or resigning. Variations where one or more new trustees are appointed to act in conjunction with one or more of the old trustees.-Where the property or part is a reversionary interest.-Where it consists of sums due upon bond or mortgage, and other personal property. Where the appointment is by Indorsement on the trust deed. Parties. THIS INDENTURE (1) of parts, made the day of in the year of the reign, &c. and in the year of our Lord BETWEEN (the old trustees) of, &c. (2) of the first part, (the husband and wife) of, &c. of the second part, and (the new trustees) of, &c. of the third part (3). WHEREAS (4) by virtue and in pursuance of of money in the an indenture bearing date the Recital of marriage settlement funds. day of , which was in the year and made or expressed to be made between, &c. purporting to be a settlement made in contemplation of a marriage then intended, and which afterwards took effect, between the said (husband and wife) the sum of £ three per cent. Consolidated Bank Annuities, was transferred into the names of the said (old trustees) in the books of the Governor and Company of the Bank of England, Indorsement. Partial change of trustees. Indorsement. (1) See ante, No. CVII. p. 350, n. (1). (2) If the appointment be by indorsement, say, "the within named," instead of describing the parties. (3) If any part of the trust property consist of a reversionary interest in money in the funds, sums due upon bond or mortgage, &c. and there be only a partial change of trustees, add, "AND A. B. 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, this recital of the settlement may be omitted. |