AND

APPOINTMENTS.

New Trustees

(Money in funds).

Transfer of money in the

funds into the

names of the

new trustees.

upon the trusts therein declared concerning the same (1). WHEREAS, &c. (2). AND WHEREAS (3) the said (old trustees) being desirous of resigning and being discharged from the trusts reposed in them by the hereinbefore in part recited indenture, the said (hus- Resignation of band and wife) (4) have requested the said (new trustees) to become old trustees. trustees, and to take upon themselves the execution of the trusts of the said settlement, in the place and stead of the said (old trustees), which they have consented so to do. AND WHEREAS the said sum of £ three " per cent. Consolidated Bank Annuities, hath this day been accordingly transferred by the said (old trustees) into the joint names of them the said (new trustees) in the books of the Governor and Company of the Bank of England. Now THIS INDENTURE WITNESSETH, that by virtue and in execution of the power or authority given or reserved to them the said (husband and wife) for that purpose, by the hereinbefore in part recited indenture, THEY the said (husband and wife) HAVE nominated, constituted and appointed, and by this present deed or writing under their respective hands and seals, and attested by the two credible persons whose names are or are intended to be hereupon indorsed as witnesses attesting the same, Do nominate, substitute and appoint the said (new trustees) (5) to be trustees in the room, place and stead of them the said (old trustees), and to act in and execute the several

WITNESS. Appointment of new trustees.

(1) If part of the trust property consist of a reversionary interest in Reversionary inmoney in the funds, sums due upon bond or mortgage, &c. say,

AND WHEREAS by the said indenture, the sum of £ three per cent. Consolidated Bank Annuities, expectant upon the decease, or sooner determination of the estate for life of (the tenant for life), and the funds and securities for the same, together with the principal sum of £ secured upon certain premises therein particularly described, and other personal property, were assigned unto the said (old trustees), their executors, administrators and assigns, upon the trusts therein declared concerning the same."

(2) Recite here the power of appointing new trustees on the death or resignation of the old ones, the form of the recital will be similar to that given, ante, No. CVII. p. 351.

(3) If the appointment be of one or more new trustees, to act in conjunction with one or more surviving or continuing trustees, see ante, No. CVII. p. 350, n. 3.

(4) 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). (5) If one or more new trustees be appointed to act in conjunction with one or more continuing trustees, see ante p. 354, n. (1).

terest, &c.

Power of ap

pointing new

trustees.

Partial change of trustees.

Appointment by

survivor.

Partial change.

APPOINTMENTS.

New Trustees

(Money in funds).

FURTHER

trusts reposed in them the said (old trustees), in and by the said in part recited indenture of settlement, or such of the said trusts as are still in being or capable of taking effect (1). AND THIS INDENTURE FURTHER WITNESETH, and it is hereby declared and agreed Declaration that by and between all the said parties hereto, and the true intent and meaning of them and these presents is, that they the said (new trustees) and the survivors and survivor of them, and the executors

WITNESS.

new trustees

shall stand possessed of the trust property.

Assignment of reversionary interest and per

(1) If part of the property consist of a reversionary interest in money in the funds, money on mortgage, or other securities, add here, "AND THIS INdenture furthER WITNESSETH, that for the purpose of vesting the sum of £ three per cent. Bank Ansonal property. nuities, so expectant as aforesaid, and also the principal sum of L , so secured upon mortgage, as hereinbefore is mentioned, and other the trust property aforesaid in the said (new trustees), and also for and in consideration of the sum of 5s. of lawful English money, to the said (old trustees) in hand 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) [or as the case may be], testified by their severally being parties to, and executing these presents, HAVE, and each of them HATH bargained, sold, assigned, transferred, and set over, and by these presents Do, and each of them DoтH bargain, sell, assign, transfer, and set over unto the said (new trustees), their executors, administrators and assigns, ALL that the said sum of £ three

per cent. Consolidated Bank Annuities, to or in which the said (old
trustees) shall or may become, or if these presents had not been
made, would or might have become entitled or interested in posses-
sion, upon the decease or other sooner determination of the estate
for life of the said
or otherwise howsoever; AND also ALL
so now due and owing upon

that the said principal sum of £
the hereinbefore in part recited mortgage; AND also ALL those the
said Exchequer Bills numbered respectively

and

, and

the principal money thereby secured, and all interest and arrears of
interest due, or to grow due, for or in respect of the same, or either
of them respectively, and also the hereinbefore in part recited mort-
gage, and all other deeds, instruments, or writings, given for securing
the payment of the said respective sums of £
and £

and interest, and all benefit and advantage whatsoever, to arise or be
had, received or taken by or from the same respectively; and all
the estate, right, title, interest, claim and demand whatsoever, both

and administrators of the survivor, and their and his assigns, shall APPOINTMENTS. stand possessed of and interested in the same sum of £ three per cent. Consolidated Bank Annuities, and the dividends, interest, and annual proceeds thereof (1), upon and for such and

New Trustees (Money in funds).

at law and in equity, of them the said (old trustees) in, to, out of,
upon, or in respect of the said sum of £ three per cent. Con-
solidated Bank Annuities in reversion expectant as aforesaid, and
the said principal sums of £ and £
and interest, and
all and every other the funds and securities, upon which the said
sums respectively, or any or either of them, or any part thereof,
shall or may at any time hereafter be placed out or invested, or
charged with the payment thereof respectively, TO HAVE AND TO
HOLD, receive, take and enjoy, the said sum of £
three per
cent. Consolidated Bank Annuities, immediately from and after, and
expectant upon the decease or other sooner determination of the
estate for life of the said
and also the said principal sums

of L

and £

and the interest, dividends, funds, secu

rities, and other the premises hereinbefore assigned, or mentioned, or intended so to be, unto the said (new trustees), their executors, administrators and assigns, UPON THE TRUSTS, and to and for the several ends, intents and purposes hereinafter declared or expressed concerning the same."

trustees should

If however the trust property consist of money lent out upon mort- Assignment of gage by the old trustees, the assignment of it to the new trustees should money lent upon be by a separate instrument, because should they have occasion to call in mortgage by old the money and be obliged to procure it by an assignment of the mort- be by separate gage, the assignee will expect to have delivered to him the deed by instrument. which it was assigned to them, which would in such case carry with it their deed of appointment and declaration of trust.

If there be one or more new trustees appointed to act in conjunction Partial change with one or more continuing or surviving trustees, and part of the property of trustees. consist of a reversionary interest in money in the funds, money due upon bond or mortgage, or other personal property, the assignment should for the reasons given ante p. 350, n. (1), be made by the old trustees to a third person, to be by him conveyed to the new trustees in conjunction with the surviving or continuing trustees, the form of what will be similar to that given of leasehold property, ante, p. 368. (1) If part of the trust property consist of a reversionary interest in Reversionary inmoney in the funds, money due upon bond or mortgage, &c. add, terest, &c. "And also the said sum of £ three per cent. Consolidated

Bank Annuities in reversion expectant as aforesaid, and the said and £ respectively, and the several

principal sums of £

securities for the same."

APPOINTMENTS.

New Trustees (Money in funds).

Upon the trusts

contained in the settlement.

the same trusts, intents 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, or other the Bank Annuities, funds and securities, in or by the hereinbefore in part recited indenture, of the

or such

day of and so many of them as are still subsisting, or capable of taking effect. [Add covenant by resigning trustees, that they have done no act to incumber] (1). IN WITNESS, &c.

Covenant against encum

brances.

Release to re

tiring trustees.

(1) The form of this covenant will be similar to that given ante, p. 358. Here be added a release from the celles qui trust to the retiring trustees, if such be the intention of the parties: for the form of which release, see ante, p. 358. n. (1).

may

No. CX.

*An Appointment of New Trustees of a joint-stock company, in the room of others retiring (1).

THIS INDENTURE of five parts made the

day of

in the

APPOINTMENTS.

Tru tees (new) of a Company.

year of the reign, &c. and in the year of our Lord BETWEEN (present trustees), the acting trustees for the time being of a company of proprietors entitled

at

in

of the

first part; the (present directors), directors of the said company of
proprietors, of the second part; (A. B.) being a person named and
appointed as a trustee for the purposes hereinafter mentioned of the
third part; (new trustees) of, &c. of the fourth part; and they
the said (continuing and new trustees) of the fifth part. WHEREAS Recitals.
under or by virtue of indentures of, &c. bearing date, &c. being the
deed of co-partnership or settlement of or between the said company
of proprietors, the messuages, buildings and premises in or upon
which the concerns of the said company are now carried on, situated
aforesaid, together with various freehold, leasehold, and
other estates, property and effects of or belonging to the said com-
pany of proprietors, are, by divers conveyances, assurances and other
acts of law, now become vested in the said (present trustees), in
trust for the said company, and to be from time to time conveyed,
transferred and disposed of, as the directors thereof for the time
being shall direct or appoint. AND WHEREAS divers leases, bonds,
warrants of attorney, and other title deeds and assurances, have also
at various times been deposited with them the said (trustees), for the
security of money advanced by or otherwise owing to the said com-
pany: AND WHEREAS the said (retiring trustees) have, in pursu-
ance of the deed of settlement and rules of the said company, retired
from and ceased to be trustees thereof, and the said (new trustees)

(1) See notes to Nos. CVII., CVIII., CIX., ante, pp. 350. 362. 370. Copyholds. If part of the premises be copyhold, see ante, p. 350. n. (1).