APPOINTMENTS. Real Estate (to children). rity to them for this purpose reserved or given by the hereinbefore in part recited indenture of release, and of every or any other power or authority enabling them hereunto, THEY (1) the said (husband) and (wife) his wife, HAVE (2) directed, limited and appointed, and by this present deed or instrument in writing, by them and each of them, sealed and delivered in the presence of, and attested by the two credible persons, whose names are or are intended to be hereupon indorsed as witnesses attesting the same, Do (3) direct, limit Appointment by survivor. Revocation of prior appoint ment. Leaseholds. (1) If the appointment be by the survivor of the husband and wife, say, "SHE the said (wife) [or as the case may be], HATH directed, limited and appointed, and by this present deed, &c. DoтH direct, limit and appoint, that ALL that, &c." as above. (2) If the deed include a revocation of a prior appointment, say, "HAVE revoked, determined, and made void, and by this present deed or instrument in writing, by them and each of them scaled and delivered in the presence of, and attested by the two credible persons whose names are or are intended to be hercupon indorsed, as witnesses attesting the same, Do revoke, determine and make void, all and every the uses, estates and limitations, in and by the hereinbefore in part recited deed poll created and declared of and concerning the said hereditaments thereby appointed to the use of the said (child), his heirs and assigns, and by this same deed or instrument in writing, by them and each of them scaled and delivered as hereinbefore is mentioned, Do direct, limit and appoint, &c." as above. (3) If the appointment be of leasehold property, say, "Do direct and appoint that immediately upon the execution of these presents, ALL that leasehold messuage or tenement, situated at , being part and parcel of the messuages or tenements, and premises comprised in the hereinbefore in part recited indenture of assignment of the day of shall vest in, and the said (trustees), and the survivors and survivor of them, and the executors and administrators of the survivor, and their and his assigns, shall stand possessed of and interested in the same, IN TRUST for, and from and immediately after the decease of the survivor of them the said (husband) and (wife) his wife, shall assign and transfer the same unto the said (child), his executors, administrators and assigns, for all the residue and remainder of the term of shall be then to come therein." years which APPOINTMENTS. Real Estate (to children). Parcels. and appoint, that ALL (1) that capital messuage or dwelling-house, &c. &c. being part and parcel of the messuages, lands and hereditaments, comprised in the said hereinbefore in part recited indenture of release, shall be and cnure, and the said (trustees) and the survivors and survivor of them, and the heirs of the survivor, and their and his assigns, and all and every other the trustees or trustee for the time being of the said hereditaments, shall stand and be seised of and interested in the same, subject only to the estate for life of the said (husband) and (wife) his wife respectively in the same premises, To THE USE and behoof of him the said (child), his heirs To the use of and assigns for ever, and to and for no other use or purpose whatsoever (2). PROVIDED ALWAYS, and it is the true intent and Power of revo son in fee. cation. (1) If the appointment be in favour of a son and daughter, or other Appointment to children, say, day of "ALL and every the several messuages, lands, tenements and part and parcel of the messuages, lands, tenements and heredita- messuages, lands, tenements and hereditaments, UNTO THE USE of several children. (2) If the power extend to authorize an appointment to a stranger, Variation. in default of issue, the form may be as follows: " AND WHEREAS the said (wife) is of the age of and upwards, and hath not yet had any children or child of her body by the said (husband). Now know ye that she the said (wife), in pursuance of the power to her reserved and given in and by the said recited indenture of release, HATH limited, directed and appointed, 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 pre and by this present writing sealed and delivered by her in the (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. cation nec ssary (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. THIS INDENTURE (2) made the day of in the Parties. Recital of mort gage. Appointment of receiver should' be by separate deed. Deed. Not essential that receiver be a party. 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 receiver) (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 the said (grantee), gave, granted and confirmed, unto the said |