Gambar halaman
PDF
ePub

CONVEYANCE OF
FREEHOLDS TO

NEW TRUSTEES

OF A CHARITY.

pointment of new trustees of charities and other associa

tions.

PRECEDENT LIII. new trustees of charities and other associations:-2 & 3 Will. IV. c. 57, s. 3; 13 & 14 Vic. c. 60 (the Trustee Act, 1850); and 16 & 17 Vic. c. 137 (the Charitable Trusts Act, 1853); and the Amendment Acts of 23 & 24 Vic. c. 136; 25 & 26 Vic. c. 112; 32 & 33 Vic. c. 110, as to the appointment of new trustees, and vesting of the trust estate by order of courts of competent jurisdiction, or of the Charity Commissioners:-13 & 14 Vic. c. 28 (Peto's Act), providing for the vesting of lands held in trust for religious and educational associations, on the appointment of new trustees without any conveyance (as to the construction of which Act, see Re Hoghton Chapel, 2 W. R., 631), extended by 17 & 18 Vic. c. 112, s. 12, to literary, scientific, and other associations; and further extended by 15 & 16 Vic. c. 49 (school sites); and 32 & 33 Vic. c. 26 (burial grounds):—and see 16 & 17 Vic. c. 137, s. 65, as to lands formerly vested in municipal corporations on charitable trusts. See also 16 & 17 Vic. c. 137, ss. 48-50; 18 & 19 Vic. c. 124, ss. 15, 37, as to vesting the legal estate in lands in the official trustee of charity lands-16 & 17 Vic. c. 137, ss. 62, 63; 18 & 19 Vic. c. 124, s. 47; and 32 & 33 Vic. c. 110, s. 14, as to the exemption of societies supported by voluntary contributions and other bodies from the Charitable Trusts Acts:-35 & 36 Vic. c. 24, as to the incorporation of trustees of charities.

That a conveyance of lands already in mortmain, as in the above Precedent, need not be enrolled under the Mortmain Acts, see Ashton v. Jones, 28 Beav. 460.

INDEX TO INTRODUCTIONS AND NOTES.

ABROAD,

form of will dealing with real estate situate, 350 seq.
trustee clauses should be inserted, 375
execution by attorney of trusts to be performed, reference
to Vol. III. as to, 365

ACCRUER,

form of clause of, where shares are settled, 320, 360

ACCUMULATION,

how limited by the Thellusson Act, 230, 311, 328, 330

for payment of debts, 338

clauses for, reference to Vol. III. concerning, 45

ADEMPTION,

doctrine of, applies to invalid instrument confirmed by
will, 66

of legacies by portions, 157

of specific bequest of stock by change of investment, 326

of specific legacy of a debt, how provided for, 378

ADMINISTRATION,

order in which debts should be paid, 33, 380

costs of action for, included in testamentary expenses,

33, xxxix

how far borne by personal estate, 510

ADVANCEMENT, see ADVANCES

power of, its nature, 44

out of appointed shares, 278

purchase in name of another when held to be, 103, xl

ADVANCES,

clause directing, to be brought into hotchpot, 157, xli
variation where life interest given in a fraction of
the residue, 159

interest on, when charged, 157

when, constitute debts, 158

when in satisfaction of portions, 538

ADVOWSON,

trusts of, 553

ALIENATION, see ANTICIPATION, FORFEITURE
life interest determinable on, see LIFE INTERESTS

ANNUITIES,

position of gift of, in will, 4

prima facie are for life of donees, 104, xl
what is gift of perpetual, 106

commencement of, 105

are apportionable under Act of 1870, 105
when annuitant may claim value instead of, 106
appropriation of fund for, usually directed, 110

effect of fund becoming insufficient, 111,

112, xl

when charged on corpus, 111

determinable on bankruptcy or alienation, 127, xl

not given absolutely must not be purchased in name of

annuitant, 181

given free of deduction, meaning of phrase, 402, 458

as to securing by term, or power to limit term, 460

different modes of giving by will, 493

when charged on land, 493

ANTICIPATION,

real estate may be subject to restraint on, 124, 321, 580

best form of gift, 125

absolute gift may be subject to restraint on, 322, xliv

restraint on, when void for remoteness, 592, xliv

APPOINTMENT,

of new trustees, see NEW TRUSTEES

by married woman, see MARRIED WOMAN

of residue, when it comprises portions incompletely ap-

pointed, 279, xliii

will exercising power of, how executed, 268

general power of,

exercise of, what sufficient, 30, 280

makes fund assets, 30, 280, 583, xl

how far subject to rule against remote-

ness, 226, 562, 580

gift under, is within s. 33 of Wills Act, 43

given by will not exercised by will of donee if he
predecease testator, 264

who proper trustees of gift under, 584

testamentary power in marriage settlement, proper
form of, 582

limited power of,

exercise of, what sufficient, 30

how far subject to rule against remote-

ness, 226, 277, 281, xliii

enlargement of, under doctrine of election, 268
intention must be clearly expressed,

283, 290

gift under, not within s. 33 of Wills Act, 43, 268

every power now exclusive, 268

duties payable on gifts under, 268

who proper trustees to carry out appointment under,
277, 584, xliii

among issue,

usual only in wills made soon after marriage, 40
frame of power, 39, 589

given to wife during widowhood, 39

exercise of, when void for remoteness, 226, 281, xliii

APPORTIONMENT,

annuities are subject to, on death, 105

of current payments at testator's death, 332

APPORTIONMENT-continued

of dividends between tenant for life and remainderman, 333,
xliv

of charges between two estates settled to different uses, 551

APPROPRIATION,

where directed for annuity, interest should be given till, 105
of fund for annuity usually directed, 110

effect of fund becoming deficient, 111, 112, xl

annuitant's right to require, 111

what proper investment for, 110

whether to be carried out, if prior trusts fail, 271

ASSIGNMENT,

by a person to himself and another, 621, 626

ATTESTATION,

of instrument exercising powers, 612
of wills, what proper, 63

legacy to attesting witness void, 64

if witness a trustee, 64

by will to attesting witness of codicil good, 64

to class, one of whom is attesting witness, 64

BANKRUPTCY, see LIFE INTERESTS

BUSINESS,

stock in trade of, not treated as consumables, 72, xxxix
special bequest of, how worked out, 123

responsibilities of trustees who carry on, 161

effect of bequest of share of, under power in partnership
deed, 194

CELIBACY,

gifts during, 38

CHARITY,

what are charitable legacies, 128, xl

what legacies are within Mortmain Act, 129, 132, x

when purchase of land involved, 130, xli

« SebelumnyaLanjutkan »