Appointment of a New Trustee on the Death of a Trustee, the Appointment being made by the Surviving Trustee in Exercise of Power of Appointment
This Deed of appointment made on the 11th day of December 1999 between the within-named CD (surviving trustee) of the one part and EF son of ………… of ……….. (new trustee) of the other part. Whereas by a Deed of Trust dated ………. made between AB son of ……….. of the one part and CD son of ………… and XY son of …………. of the other part and registered in Book I vol ……. pages …….. to ………. in the office of the Sub-registrar of ………. the said AB granted, transferred and assured the lands, houses, etc., fully mentioned and described in the Schedule hereto and hereinafter referred to as the trust property unto and to the said CD and XY to have and to hold the same in trust for the objects thereunder created. And whereas the said Deed of Trust is still in force and virtue and whereas it is expressly provided in the said deed that in the event of the death of any one of the trustees the surviving trustee shall be entitled to appoint a new trustee in the place and stead of the deceased.
And whereas XY one of trustees appointed thereby died on or about the 4th day of November 1999.
Now this indenture witnesses that in exercise of the power, authorities and liberties for that purpose vested in him under and by virtue of the aforesaid Deed of Trust and all other powers in that behalf in any way enabling him, he the said CD does hereby and hereunder appoint the said EF to be a trustee in the place of the said XY for the purposes of the said Deed of Trust dated …………… jointly with him the said CD upon trust and subject to the same powers, terms, provisions, etc., applicable thereto by virtue of the said Deed of Trust dated ……………… and in the same manner as if the said EF had been originally appointed a trustee of the said Deed of Trust. And this indenture further witnesses that in consideration of the said appointment he the said CD doth hereby grant, transfer and assure the trust property and every part thereof unto and to the use of the said CD and EF to have and to hold the same jointly as trustees for the purpose and subject to the terms and conditions of the said Deed of Trust.
Schedule of trust property
In witness whereof the parties hereto have hereunto set their hands and seals the day and year first above-written.
Signed, sealed and delivered CD
in presence of: EF