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 DoтH, 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 DoтH, 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 occu pied 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 (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, 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 hereinbefore 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. APPOINTMENTS. New Trustees (Leasehold). Subject to the rents and cove. nants in the lease. Upon the trusts contained in the settlement. Covenant by the old trustees that they have done no act to encumber. 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. shall or may be impeached, charged, encumbered, or prejudicially affected in any manner howsoever, or whereby the said (old 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. APPOINTMENTS. New Trustees (Leasehold). (1) Here may be added, a release and acquittance from the celles qui trust to the retiring trustees, if such be the intent of the parties; the form of such release will be found ante, No. XI. p. 87. n. (19). Release from celles qui trust. APPOINTMENTS. New Trustees (Leasehold). The Re-assignment of Leasehold Property from A. B. to the old and new trustees, to be indorsed on the preceding deed (1). THIS INDENTURE of two parts made 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 A. B. assigns. of the trusts in him reposed by the within written indenture, and in WITNESS. Parcels. 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 DoтH bargain, sell, assign, transfer, and set over, and by way of conveyance only, and not for or by way of warranty of title, DOTH 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 арpurtenances, 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). |