with and subject to the powers, provisoes, and declara PRECEDENT LI. NEW TRUSTEE OF A WILL OF FREEHOLD, COPY HOLD, AND PERSONAL ESTATE. 27. Witnesseth further assignment of the leaseholds and personal estate. tions upon, with, and subject to which the same pre- APPOINTMENT OF mises would now by virtue of the said will and codicils be held respectively in case this present indenture had not been executed, and the said intended surrender had not been made, and the said I. K. had been originally a trustee under the said will and codicils instead of the said E. F., and the name of the said I. K. had accordingly been in the said will and codicils inserted throughout instead of the name of the said E. F. AND THIS INDENTURE ALSO WITNESSETH, that in further pursuance of the said direction in this behalf contained in the said Act, the said C. D. and G. H. do hereby assign unto the said C. D., G. H., and I. K. (d), their executors, administrators, and assigns, ALL the leasehold messuages, lands, and hereditaments with their appurtenances, AND ALL the plate, household furniture, books, pictures, prints, statues and marbles, AND ALL other the personal estate and effects by the said will bequeathed to the said C. D., E. F., and G. H., their executors, administrators, and assigns, or expressed so to be, as herein before is mentioned, or which are now by any means vested in the said C. D. and G. H. or either of them upon the trusts of the said will and codicils (e); AND ALL THE ESTATE and interest of the said C. D. and G. H. in the same premises; 28. Habendum to the continu ing and new trustees upon TO HAVE AND TO HOLD all and singular the said premises the trusts of the herein before expressed to be hereby assigned unto the said will. C. D., G. H., and I. K., their executors, administrators, and assigns, Upon the trusts and with and subject to the powers, provisoes, and declarations upon, with, and subject to which the same premises would now by virtue of the (d) As to the assignment by the continuing trustees to themselves and the new trustee, see supra, p. 626, note. (e) As to the effect of general words in a deed transferring the trust estate on an appointment of new trustees, see Hopkinson v. Lusk, 34 Beav. 215. VOL. IV. UU PRECEDENT LI. said will and codicils be held respectively in case this inAPPOINTMENT OF denture had not been executed, and the said I. K. had NEW TRUSTEE OF A WILL OF FREEHOLD, COPYHOLD, ESTATE. been originally a trustee under the said will and codicils, instead of the said E. F., and the name of the said I. K. AND LEASEHOLD had accordingly been in the said will and codicils inserted throughout instead of the name of the said E. F. [Covenant by C. D. and G. H. with I. K. against incumbrances, supra, p. 644]. IN WITNESS, &c. LII. PRECEDENT LII. APPOINTMENT of a NEW TRUSTEE of a WILL in the APPOINTMENT UNDER A WILL OF NEW TRUSTEE OF SUMS OF STOCK 1. Parties. 2. Recital of the testator's will, and death, and the probate of the will; 3. of the funeral and testamentary place of a deceased trustee where the testator's estate had been fully administered, and certain SUMS of STOCK had been APPROPRIATED and remained to answer SPECIFIC TRUSTS. , THIS INDENTURE, made &c., BETWEEN G. H., of &c., [surviving trustee] of the first part, [parties beneficially interested] of the second part, and I. K., of &c., [new trustee] of the third part. [Recital of the will of the testator, particularly of the special trusts remaining to be performed, so far as to show the interests of the persons parties of the second part. Recital of the death of the testator, and of the probate, supra, pp. 647, 653]; AND WHEREAS the funeral and testamentary expenses and debts of the said testator, and the legacies given by his said will, were long since paid or satisfied, and all the annuities given by his said will, except the said annuity of £- to the said [one of the persons parties of the second part], have ceased by the deaths of the annuitants to whom the same respectively were given, and all arrears 4. of the ap- thereof have been paid; AND WHEREAS the sum of £ Annuities, was invested and ap expenses, debts, and legacies having been paid; propriation of a sum of stock to answer an an nuity; per cent. £ PRECEDENT LII. APPOINTMENT UNDER A WILL OF £ to the said —; [Recitals explanatory of the interests of the other persons parties of the second part]; AND WHEREAS the said E. F. [the deceased trustee] died on the the funds now remaining vested in the said G. H., as surviving trustee under the said will, consist of 5. of the £- per cent. day of ; AND WHEREAS NEW TRUSTEE OF SUMS OF STOCK APPROPRIATED. death of a Annuities (that is to say) trustee ; Annuities, 6. of the funds now vested trusts of the £ the said sum of ££ per cent. in which the said [a person party of the second part] in the surviving is immediately interested, the like sum of £ like an- trustee on the nuities in which the said [another person party of will; the second part] is immediately interested, and the said sum of £- £ per cent. Annuities, appropriated to secure the said annuity of £ to the said ·; AND WHEREAS the said G. H. is desirous (with the approbation of the said several persons parties hereto of the second part (a)) of appointing the said I. K. to be a trustee in the place of the said E. F. for the continuing purposes of the said will; AND WHEREAS it is intended 8. of the inthat the said sum of £ £ per cent. 7. of the desire to appoint the new trustee ; tention to transAn- fer the stocks. nuities [the aggregate fund], shall be forthwith transferred appointment of new trustee. into the names of the said G. H. and I. K. NOW THIS 9. Witnesseth INDENTURE WITNESSETH, that in exercise of the power to the said G. H. for this purpose given by the said will, as hereinbefore is mentioned, and of every or any other power in anywise enabling him in this behalf, he, the said G. H., with the approbation of the said several persons parties hereto of the second part (testified by their respectively executing these presents), doth hereby appoint the said I. K. to be a trustee in the place of the said E. F. for the continuing purposes of the said will. AND IT IS 10. Declaration HEREBY agreed and declared, that when the said sum of sums of stock. ££ per cent. Annuities shall have been (a) As to the concurrence of persons beneficially interested in an appointment of new trustees, see supra, p. 608. of trust of the PRECEDENT LIII. transferred into the names of the said G. H. and I. K. as APPOINTMENT aforesaid, they, the said G. H. and I. K., their executors, administrators, and assigns, shall stand possessed of the OF SUMS OF STOCK said sums of £ £ per cent. UNDER A WILL OF APPROPRIATED. Annuities, £ like annuities, and £-- like annuities, whereof the same consists as aforesaid, Upon the trusts and with and subject to the powers, provisoes, and declarations applicable thereto respectively by virtue of the said will. IN WITNESS, &c. LIII. PRECEDENT LIII. CONVEYANCE of FREEHOLD buildings and land vested in the surviving TRUSTEE of a HOSPITAL upon the appointment of NEW TRUSTEES. Endorsed on the original conveyance in trust. CONVEYANCE OF NEW TRUSTEES OF 1. Parties. 2. Recital of deaths and re THIS INDENTURE, made, &c., BETWEEN the withinnamed A. B., of the one part, and C. D., of &c., E. F., of &c., G. H., of &c., and I. K., of &c., of the other part; WHEREAS the within-named L. M. died on the tirements of of trustees. of of day day and the within-named N. O. died on the and the within-named P. Q. died on the day and the within-named R. S. retired from the trusteeship of the within-mentioned hospital in the year within-named T. U. died on the day of and the said A. B. retired from the trusteeship of the said hospital in the year —; AND WHEREAS at meetings duly convened and held of the governors of and subscribers to the said hospital in accordance with the laws and regulations thereof, the said C. D., E. F., G. H., and I. K., have been duly appointed trustees of the said hospital, and they are the present trustees thereof, but no conveyance of the within-mentioned hereditaments and premises has been CONVEYANCE OF NEW TRUSTEES convey. conveyance. made for effectuating any such appointments of new PRECEDENT LIII. trustees, and the same premises are now vested in the said A. B. as the last survivor of the within-named trustees; AND WHEREAS the said parties hereto of the second part have requested the said A. B. to execute such conveyance 4. Request to or assurance of the said premises to them as is hereinafter contained, NOW THIS INDENTURE WITNESSETH, 5. Witnesseth that in pursuance of such request, and for effectuating such appointments of new trustees as aforesaid, and in consideration of the premises, the said A. B. doth hereby grant unto the said C. D., E. F., G. H., and I. K., their heirs and assigns, ALL AND SINGULAR the messuages, tenements, hereditaments, and premises situate in the parish of — in the county of, in the within-written indenture comprised or expressed to be thereby granted or assured, and all other (if any) the hereditaments which are now vested in the said A. B., upon the trusts of the withinwritten indenture, or as a trustee of the said hospital, TOGETHER with their and every of their rights, easements, and appurtenances; AND ALL the estate and interest of the said A. B. in the said premises, To HAVE AND TO HOLD all the said premises herein before expressed to be hereby granted unto and to the use of the said C. D., E. F., G. H., and I. K., their heirs and assigns, subject as in the within-written indenture is mentioned, upon the trusts and with and subject to the powers, provisoes, and declarations in and by the within-written indenture declared and contained concerning the same, or upon, with, and subject to which the same premises ought henceforth to be held by virtue of the within-written indenture, or the laws and regulations of the said hospital or otherwise. [Covenant by A. B. against incumbrances.] IN WITNESS, &c. (a). 6. Habendum to upon the trusts of the original conveyance. new trustees (a) In connection with the above Precedent, it may be useful to Enactments rerefer to the following enactments relative to the appointment of lating to the ap |