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joint names of the said C. T. and N. T. :

NOW THIS INDENTURE WITNESSETH as follows :—

(The appo'uii merit of the new tntsfcc, resting declaration, and
covenant to sKrroider will foUou- clauses l,''2,and 8 of Precedent II.
of the last Group <f Precedents, p. 650, suhstitutinfi " the recited
^\\\'\for " the Principal I)tdentnre," and omitting references to
D.D.T. and N.N. T.).

In witness, &c.

The Schedule above referred to.

Particulars of investments representing capital money liable to
be laid out in the purchase of land.

No. IL

APPOINTMENT of a New Trustee for the purposes of the
Settled Land Acts of a Compound Settlement (f
Freeholds and Capital Money created by a Will, and a
Resettlement whereof Settled Land Act Trustees
have been appointed by the Court (r/) and ef a New
Trustee (f the Resettlement.

THIS INDENTURE, made, &c., Between B. Y., of, &c. {donee Parties.
of power un<h'r Resettlement), of the 1st part, C. T., of, &c. {con-
tinuing S. L. Act Trustee <f the Compound Settlement and Resettle-
ment), of the 2nd part, and N. T. (nciv S. L. Act Trustee of tlie
Compound Settlement and Resettlement) of the 3rd part :

Whereas X. Y. (deceased) duly made his Will dated the Recital of

day of , and tbereby, after appointing D. T. (deceased) and

the said C. T. to be his executors and trustees, devised all his
freehold hereditaments To the Use that his widow, Jane Y.,

should receive thereout the yearly rent-charge of i* during

her life, and subject thereto To the Use of his eldest son A. Y.
(since deceased) during his life without impeachment of

{q) It is assumed that a jointure was limited by the Will, which the
jointress refused to release on the resettlement in substitution for a new one.
Hence, trustees of the compound settlement were required to enable the
tenant for life under the settlement to override the jointure.

P. VOL. II. 42



Will.



658



APPOINTMENTS OF NKW TRUSTEES GUOUP D.



Death and
probate.



Birth of

testator's
grandson.



Recital of

Disentailing

Assurance.



Recital of
Resettlement.



waste, with remainder To the use of his first and other
sons successively according to seniority in tail male, with
remainders over :

And whereas the said testator died on the day of

without having revoked or altered his said Will, which was on

the day of duly proved at the Probate Eegistry by

the executors therein named (r) :

And whereas the said A. Y. on the day of married

, and there was issue of such marriage an eldest son, B. Y.,

who was born on the day {i.e., had attained twenty-
one) :



And whereas by an Indenture dated the



day of , and



made between the said A. Y. of the 1st jDart, the said B. Y. of
the 2nd part, and G. (f/rantee to uses) of the 3rd part (duly
enrolled and perfected as a Disentailing Assurance), the said
B. Y., with the consent of the said A. Y. as protector, conveyed
and the said A. Y. conveyed and released all the freehold
hereditaments then subject to the limitations of the recited Will
unto the said G. in fee simple, subject to the said jointure rent-
charge limited to the said Jane Y. as aforesaid, but freed from
the life estate of the said A. Y. under the recited Will and all
powers annexed to or exercisable during the continuance of such
life estate, and also freed from the estate in tail male or in tail
of the said B. Y., and all estates, rights, interests and powers to
take efi'ect after the determination or in defeasance of such estates
in tail male or in tail or any of them, and so subject and
discharged To such Uses, Upon such trusts and in such manner
generally as the said A. Y. and B. Y. should from time to time
or at any time by deed, revocable or irrevocable, jointly appoint,
And in default of such appointment To Uses for restoring the
subsisting uses under the said Will :

And whereas by an Indenture (hereinafter called the Resettle-
ment) dated the day of , and made between the said

A. Y. of the 1st part, the said B. Y. of the 2nd part, Mary S.,
of, &c.. Spinster, of the 3rd i^art, and the said D. T. and C. T. of
the 4th part (being a settlement executed in consideration of the
marriage, shortly afterwards solemnised, between the said B. Y.



Conveyance (*") If the testator died after 1897 (see L. T. Act, 1897, s. 1) the executors

uses to give should after winding up the executorship convey the legal estate in the

devise in freeholds to the uses of the Will ; see recital m last Precedent.
settlement.



OF COMPOUND SETTLEMENT CREATED BY A WILL AND DEED. 059

and Mary S., and whereof the said D. T. and C. T. were appointed
to be trustees for the purposes of the Settled Land Acts, 1882 to
1890), the said A. Y. and B. Y., in exercise of the power for that
purpose conferred on them by the said Disentailing Assurance,
appointed that all the freehold hereditaments then subject to the
limitations of the recited Will should (subject to the said jointure
rent-charge of the said Jane Y.) remain and be (after the
solemnisation of the then intended marriage) To Uses for
securing a yearly rent-charge to the said B. Y. during the joint
lives of himself and the said A. Y., and subject thereto To the
Use of the said A. Y. during his life, and so as to restore
his statutory powers under the recited \Vill, with remainder
To the Use of the said B. Y. during his life without impeach-
ment for waste, with remainder To Uses for securing a yearly
jointure rent-charge to the said Mary S., and subject thereto To
the Use of the said D. T. and C. T. for a term of 1,000 years
from the death of the said B. Y. without impeachment for waste
on the trusts therein mentioned, and subject to the said term To
the Uses, therein mentioned. And the Resettlement contained a
power for the person (if any) of full age for the time entitled to the
possession or to the receipt of the rents and profits of the premises
thereby settled to appoint a new trustee or new trustees thereof :

And whereas the said A. Y. died on the day of : Death of first

And whereas by an Order of the Chancery Division of the life^s). °^
High Court of Justice made on the day of by the ^ ., ■, ,

^ , ./J Recital of

Honourable Mr. Justice , In the matter of the recited Will, Order appoint-

Disentailing Assurance and Resettlement, and In the matter of tnVtees of the
the Settled Land Acts, 188'2 to 1890, the said D. T. and C. T. setTiemeS.
were appointed to be trustees of the Settlement created by the
said three instruments for the purj^oses of the said Acts :

And whereas {add recital an to sales, pi ir chases and investments
required, see Prec. II. of last Group, p. 649) :

And whereas the said D. T. died on the day of , and Death of a

the said C. T. is desirous of appointing the said N, T. to be a t^'"**'^'^'
trustee in place of the said D. T. of the Settlement created by
the said three instruments :

(.s) The first tenant for life could overreacli the jointure because he took when ioiuture
under the Will, hut his son having disentailed, while tenant in tail in became
remainder, and taken a life estate under the resettlement, was unable to do P^^'^'^^ount.
so till the appointment of trustees of the compound settlement was made by
the Court.

42—2



660 DISCLAIMERS GROUP A.

And whereas (add recital, an to intention to transfer investments
as in Free. II. of last Group, }). 649):

Appointment NOW THIS INDENTURE WITNESSETH as follows :—

of new trustee

of Resettle- ^ {Appointment of new trustee of the Resettlement Inj B. ¥., as

ment. ^ ii ^ ■'

in Precedent II. of last Group,]). 650, substituting " Eesettlement '
for " Principal Indenture,'' and omitting references to I). D. T. and

iY. N. T.).
Vesting 2. {Adapt vesting declaration Inj B. Y. (f Portions Term, in

declaration of , _-.^ ,• i /-< nfr-\

Portions Term. Precedent I\ . oj last Group, p. 655).

Appointment 3. In exerciso of the power for this purpose conferred on him
of thrcom-'''' by the Trustee Act, 1893, and of all other powers, the said C. T.
pound Settle- hereby appoints the said N. T. to be a trustee of the Settlement

ment by tlie ./ j. j.

surviving Created by the recited Will of the said X. Y. (deceased), the
recited Disentailing Assurance and Resettlement in the place of
the said D. T. (deceased), and to act Jointly with the said C. T.
for all the purposes of the Settled Land Acts, 1882 to 1890.
In avitness, &c.

\_Add Schedid'^s, see Prec. II. of last Group, p. 651, and refer to the
capital money and investments as being subject to the trusts of the
Compound Settlement.']

Section II.

DISCLAIMERS BY EXECUTORS AND TRUSTEES AND

DISCHARGES OF TRUSTEES (WHERE NEW
TRUSTEES ARE NOT APPOINTED).

Group A. — Disclaimers by Executors and Trustees.

No. I.

DISCLAIMER of the Trusteeship of a Will bt/ One of
several Trustees (0-

TO ALL TO WHOM THESE PRESENTS SHALL COME,

A. B., of, &c. (disclaiming party), sends greeting this day

of :

Recital of Will Whereas G. H. duly made his Will dated the day of ,

menror"^ ^ud thereby, after appointing the said A. B. and C. D. to be his

executors. _

Stamp. (0 Lender the Stamp Act, 1891, a disclaimer deed, not being expressly

mentioned in the schedule thereto, is liable to a 10s. stamp duty.



BY A TllUSTEE OF A WILL. 661

executors and trustees, devised and bequeathed all his real and
personal estate to his trustees upon the trusts therein mentioned:

And whekeas the said testator died on the day of Death and

without having revoked or altered his said Will, which was duly ^'^"^

proved in the Probate Eegistry on the day of by

the said C. D. alone, the said A. B. having renounced probate :

And whereas the said A. B. has never acted in the trusts of Deshe to
the said "Will and is desirous of executing such disclaimer as is
hereinafter contained :

NOW THESE PRESENTS WITNESS that the said A. B. hereby Disclaimer by
disclaims the office of trustee under the said Will, and all real and
personal estate and things in action whatsoever and wheresoever
devised or bequeathed to him by the said Will (n) as one of the
persons named as a trustee thereof, or devolving on him as one
of the persons therein named as one of the executors (x) thereof,
and also all estates and powers thereby expressed to be given to
him as such trustee or executor.
In witness, Sec.



No. II.

DISCLAIMER by Trustee of Will {Short Form).

KNOW ALL MEN BY THESE PRESENTS, that I, A. B., of,

&c. {disclaiming party), do this day of , 19 — , hereby

disclaim the office of trustee under the Will dated the day

of of G. H. (who died on the da}^ of ■ — ■ — , 19 — ), and

all estates and powers thereb}^ given to or vested in me as a

(«) The trustee should simply dihiclaim and not profess to convey the
property limited to him in trust : Nidoson v. WorJsworth (1818), 2 Swanst.
^65. This is a disclaimer within s. 6 of the Con v. Act, 1882, see Theobald,
7th ed., 436; He Fisher and JIaslett, 13 L. E. Jr. 546.

(.r) Under Part I. of the Land Transfer Act, 1897, real estate (except the Effect of L. T.

legal interest in copyholds) vests in the executors who derive their title ^^\' ^897,

under the Will. All who have not renounced or disclaimed must convey :

Be Paivley, 1900, 1 Ch. o8; 69 L. J. Ch. 6; except sjiecial executors of

property in a foreign country : 7?e CoJien d: L. ('. C, 1902, 1 Ch. 187 ;

71 L. J. Ch. 164. Disclaimer is more efficient than renunciation of i^robate, Distinction

as the executor renouncing may subsequenth' be allowed to prove : see between dis-
T , r,..i ,,.„., T^ , , ._ -I T T^ , , clainier and

In h.. Silks, 1898, P. 12 ; 67 L. J. P. 23. renunciation.



062



DISCLAIMERS GROUP A.



trustee, or devolving on me as one of the persons named as
executors of the said Will (?/).

In witness whereof I have hereunto set my hand and seal the
day and year first ahove written.



Recital of
Settlement
appointing
disclaiming
trustee one of
the trustees.



Disclaimer
by trustee.



No. III.

DISCLAIMER Inj the Trustee of a Settlement {z).

TO ALL TO WHOM THESE PRESENTS SHALL COME,

A. B., of, kc. {the disclaiming paiiy), sends greeting tliis

day of ; 19 — :

Whereas hy an Indenture, &c. ((kite and ixirties), [certain
reversionary interests were expressed to be assigned to the said
A. B. and G. H. upon the trusts therein mentioned or] certain
messuages, lands and hereditaments situated, &c., were expressed
to be conveyed by the said C. D. To the Use of the said A. B. and
G. H. in fee simple, Upon trust for sale as therein mentioned [or
were settled To the Use of X. Y. for her life, with remainders over,
and the said A. B. and G. H. were expressed to be appointed the
trustees of the said Indenture for the purposes of the Settled
Land Acts, 1882 to 1890, and divers powers and trusts were
expressed to be conferred on them as such trustees] :

And whereas the said A. B. has not executed the said
Indenture, nor in any manner acted in the trusts thereof :

NOW THESE PRESENTS WITNESS that the said A. B.
hereby disclaims and renounces the office of trustee of the said
Indenture, and all estate and interest in the [property or']
hereditaments thereby [assigned or'] conveyed [or settled], and
all powers and trusts created by the said Indenture and thereby
expressed to be made exercisable by the said A. B. and G. H. as
the trustees thereof.
In witness, &c.



{y) See notes to last Precedent.

{z) See note to Prec. I. of this Group. A disclaimer will not (except in
the case of a disentailing assurance) affect the interests of the beneficiaries ;
hence a voluntary settlement is not rendered inoperative by the disclaimer
of the sole trustee: Mallott v. Wilson, 1903, 2 Ch. 494 ; 72 L. J. Ch. 664.



BY A TKUSTEE OF A SETTLEMENT. 663

No. IV.

DISCLAIMER of the Trusts of a Settlement (to he ivritteu
at the foot of the Settlement — a Slwrt Form).

KNOW ALL MEN BY THESE PRESENTS, that I, A. B., of Disclaimer
&c. (who am named as a party to and Trustee of the above- ^y*"^*^^*®®-

written Indenture), do this day of ■ , 19 — , hereby

declare that I have not accepted the trusteeship nor acted in any
manner in the trusts thereof : And I disclaim the said trustee-
ship and all estates, interests and powers by the said Indenture
expressed to be vested in me.
In witness, &c.



Group B. — Discharges of Trustees.

No. I.

DISCHARGE of a Trustee of a Personalty Settlement
icliere the Trust Property is vested in the Remaining
Trustees (a) and no New Trustee is appointed.

THIS INDENTURE, made, &c., Between A. B., of &c., and Parties.
F. B., his wife (donees of the iioicer of appointing new trustees),
of the 1st part, R. T., of, &c. (retiring 'Trustee), of the 2nd part,
and C. T., of, &c., and C. C. T., of, &c. (continuing Trustees), of
the 3rd part :

Whereas these presents are supplemental to an Indenture Recital of

(hereinafter called the Principal Indenture) dated the day ° m ii •

of , and made between the said A. B. of the 1st part, the

said F. B. (then F. H., Spinster) of the 2nd part, and D. T.,
D. D. T. (both deceased), and the said R. T. of the 8rd part
(being a Settlement made in consideration of the marriage, shortly
afterwards solemnised, between the said A. B. and F. B.), whereof
the said D. T., D. D. T., and R. T. were appointed to be trustees,
and whereby the said A. B. and F. B. were empowered during
their joint lives to appoint new trustees thereof :

(a) See T. Act, 1893, ss. 11 and 12 (2). There must be at least two con-
tinuing trustees, except where the Public Trustee is acting : Public Trustee
Act, 1906, s. 5.



664



DISCHARGES OF TRUSTEED — GROUP B.



Death of
two trustees.

Recital of
appointment
of new
trustees.



And whereas the said D. T. died on the
the said D. D. T. died on the day of -



day of



and



state of
settled pro-
perty.



Wife's Trust
Fund not in
possession.

Desire of
trustee to be
discharged.

Intention to
transfer
investments
and cash, and
to vest the
residue.



Separate deed
of discharge
in regard to
the trusts of a
Conveyance on
trust for
sale (6).



And whereas these presents are also supplemental to another
Indenture, itself supplemental to the Principal Indenture, and
hereinafter called the Supplemental Indenture, dated, &:c., and
made, &c., being an appointment of the said C. T. and C. C. T.
to be trustees of the Principal Indenture in place of the said
J). T. and D. D. T. (both deceased) and to act jointly with the
said E. T. :

And whereas the Husband's Trust Fund (other than the
messuage and hereditaments purchased as mentioned in the
Supplemental Indenture, and other than the sum of cash herein-
after mentioned) now consists of the investments mentioned in
the first part of the Schedule hereto, now standing in the joint
names of the said R. T., C. T., and C. C. T., and the second part
of the same Schedule contains a debtor and creditor account
showing the sales and investments made and the receipts and
payments of the trustees in respect of the capital of that Trust
Fund, And by such account it appears that there is now a balance

of £ cash in the hands of the said R. T., C. T., and C. C. T.

standing to their credit at the bank :

And whereas the Wife's Trust Fund has not yet fallen into
possession :

And whereas the said Pi. T. is desirous of being discharged
from the trusts of the Principal Indenture :

And whereas it is intended that immediately after the execu-
tion of these presents the investments mentioned in the first part
of the Schedule hereto, and the residue of the said cash balance
after deducting the costs of and relating to the preparation and
execution of these presents or otherwise incurred in the execution
of the trusts of the Principal Indenture shall be transferred into
the joint names of the said C. T. and C. C. T. alone :

And whereas it is also intended that by an Indenture (b)
bearing even date herewith, and made between the same parties
and in the same order, and supiDlemental to the Conveyance
(mentioned in the Supplemental Indenture) of the aforesaid
messuage and hereditaments and to the Indenture (also referred
to in the Supplemental Indenture) appointing the said C. T. and

(5) See next Precedent. This mvist be done bj^ a separate deed to keep
the trusts of the net proceeds off the title to the land.



OP A TRUSTEE OF LAND HELD uN TRUST FOR SALE. G65

C. C. T. to be trustees of the said conveyance in place of the said

D. T. and D. D. T., the said E. T. shall be also discharged from
being a trustee of the said messuage and hereditaments and that
the same shall be vested in the C. T. and C. C. T. alone as joint
tenants and as trustees of the said conveyance :

NOW THIS INDENTUKE WITNESSETH as follows :—

1. The said Pi. T. hereby declares that he is desirous of being Desire to be
discharged from the trusts of the Principal Indenture. * ' ' " '

2. The said A. B., F. B., C. T., and C. C. T. hereby consent to Consent to the
the discharge of the said E. T. from the trusts aforesaid, And to ■ ' =' '
the vesting in the said C. T. and C. C. T. alone of the trust
property.

3. All the parties hereto do and each of them doth hereby Vesting
declare that all chattels and also the right to recover and receive aiTjTaTttr^^
all debts and other things in action subject to the trusts of the
Principal Indenture shall forthwith vest in the said C. T. and

C. C. T. alone as trustees of the Principal Indenture for the
purposes and upon the trusts thereof.
In witness, &c.

The Schedule above referred to.

First Part.

Particulars of investments held on the trusts of the Hasband's
Trust Fund.

St'coiid Part.

Particulars of dealings with the Husband's Trust Fund (Debtor
and Creditor ^Lvcount).



No. II.

DISCHAEGE of a Trustee of a Eesidence liekl on Trust
for Sale and purchased under a Power in a Personalty
Settlement (c), no New Trustee heing ajquiinted.

THIS INDENT UEE, &c. (jxirties as in last Preeedent) : . Parties.

Whereas these presents are supplemented to an Indenture Recital of
(hereinafter called the Principal Indenture) dated the day ^°stlor"aJe'^"

{>■) See T. Act, 1893, ss. 11 and 12 (2), ami notes to last Precedent.



666



DISCHARGES OF TRUSTEES — GROUP B.



Recital of
appointment
of new
trustees.

Desire to be
discharged.



Vesting
declaration of
land held on
trust for sale.



of , and made between X. of the 1st part, the said A. B.

and F. B. of the 2nd part, and the said D. T., D. D. T., and
E. T. of the 3rd part, whereby a messuage and hereditaments

situated at were conveyed to the said D. T., D. D. T., and

E. T., in fee simple, Upon trust for sale as therein mentioned,
and under which Indenture the said A. B. and F. B. have power
to appoint new trustees thereof :

{Recite deaths of D, T. and D. I). T. and appointment of new
trustees, as in last Precedent) :

And whereas the said E. T. is desirous of being discharged
from the trusts of the Principal Indenture :

NOW THIS INDENTUEE WITNESSETH as follows :—

1 AND 2. {^is in clauses 1 and 2 of last Precedent.)
3. All the parties hereto do and each of them doth hereby
declare that the messuage and hereditaments now subject to
the trusts of the Principal Indenture shall forthwith vest in the
said C. T. and C. C. T. alone in fee simple or for other the
estate and interest which ought to be vested in them as
trustees of the Principal Indenture and as joint tenants for the
purposes and upon the trusts thereof.
In witness, &c.



No. III.

DISCHAEGE <f a Trustee fvni a Mortgage Debt assigned
hy a Deed of even Date u-ith a Personalty Settlement
and Transfer of the Debt and Securities {d) where no
New Trustee is appointed.

Parties. THIS INDENTUEE, &c. {parties as in Prec. I. of this Group) :

Recital of Whereas tlieso presents are supplemental to an Indenture

settlement of • p iinT-n, - iTn \i ni 1

mortgage debt, (hereinafter called the Principal Indenture) dated the day

of , and made between the said A. B. of the 1st part, the

said F. B. (then F. H., spinster) of the 2nd part, and the said
E. T., C. T., and C. C. T. of the 8rd part (and indorsed
on an Indenture of Mortgage dated, &c., and made, &c.), by which



Reasons for a
separate deed
of discharge.



(r/) See T. Act, 1893, ss. 11 and 12 (2), and notes to Prec. I., of this Group.

This discharge must be effected by a sejjarate instrument from the deed of
discharge relating to the personalty settlement in order to keep the trusts of
the mortgage debt off the „title to the land. Moreover, the mortgaged
property cannot be transferred by a vesting declaration.



OF A TRUSTEE OF A MORTGAGE DEBT. 067

Princij^al Indenture the princii^al sum of i' and the interest

thereon secured b}' the said Mortgage were transferred unto
the said B. T., C. T., and C. C. T. upon the trusts thereby
declared or referred to (c), and whereby the hereditaments
comprised in the said Mortgage were conveyed to the said
E. T., C. T,, and C. C. T, in fee simple, subject to the right of
redemption subsisting under the said Mortgage, And the Principal
Indenture contained a power for the said A. B. and F. B. during
their joint lives to appoint new trustees thereof :

And whereas the said mortgage debt of 4' , with the state of

current interest thereon, is still owing to the said E. T., C. T., and
C. C. T. upon the security of the said Mortgage :

And whereas the said E. T. is desirous of being discharged Desire to be
from the trusts of the Principal Indenture :



discharged.



NOW THIS INDENTUEE WITiNESSETH as follows :—

1 AND 2. (As ill clauses 1 and 2 of Free. I. of tliis Group.)

3. For effectuating the aforesaid desire the said E. T., As Assignment of
Mortgagee, hereby assigns and releases unto the said C. T. and "'''

C. C. T.

All that the principal sum of :t now owing upon the

security of the said Indenture of Mortgage and all interest
due and to become due thereon, and the full benefit of and the
right to exercise and enforce all powers and securities for com-
pelling payment of the said sum and interest,

To HAVE and receive the same unto the said C. T. and C. C. T.
Uj)on the trusts by the Principal Indenture declared or referred
to concerning the same.

4. For further effectuating the aforesaid desire, the said E. T., Conveyance of
As Mortgagee, hereby conveys and releases unto the said C. T.,

and C. C. T.

All the hereditaments comprised in or conveyed by the
said Indenture of Mortgage,

To hold unto and To the use of the said C. T. and C. C. T.



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