622 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
FORMS
1
Appointment of receiver
THIS APPOINTMENT is made the……… day of……… BETWEEN………. Bank
Limited having its registered office at.. (hereinafter called the bank) of the one
part and [receiver] of [address, etc.] (hereinafter called the receiver) of the other
part.
WHEREAS:
(1) By a mortgage [or charge or debenture] dated the……… day of……… made
between………… Company Limited (hereinafter called the company) of the one
part and the bank of the other part the company (inter alia) charged in favour
of the bank the undertaking of the company and all its property whatsoever and
wheresoever both present and future including its goodwill and uncalled capital
for the time being by way of security for all the monies thereby secured.
(2) Events have happened upon which the power to appoint a receiver under
the said mortgage [or charge or debenture] has become exercisable.
NOW THEREFORE the bank in pursuance of the power given to it by the said
mortgage [or charge or debenture] or conferred upon it by statute or otherwise
hereby appoints the receiver to be the receiver and manager of the undertaking
of the company and all its property whatsoever and wheresoever both present
and future including its uncalled capital for the time being and to exercise all the
powers of a receiver given by the said mortgage [or charge or debenture].
AND IT IS HEREBY DECLARED that the receiver shall be the agent of the
company and the company alone shall be responsible for his acts and defaults.
AS WITNESS etc.
[Signature on behalf of bank]
2
Appointment of New Trustees of Will giving mixed
residue on trust for sale
THIS APPOINTMENT is made, etc., BETWEEN A.B, of, etc. [donee of power]
(hereinafter called the Appointor), of the 1st part, CT, of, etc. [continuing trustee],
of the 2nd part, NT, of, etc., and N N T, of, etc. (hereinafter called the New
Trustees), of the 3rd part, and the said C T and the New trustees of the 4th part:
WHEREAS:
(1) X Y, deceased (hereinafter called the Testator), by his Will, dated etc., after
appointing D T, D D T (both since deceased), and the said C T (hereinafter calledthe Original Trustees) to be his executors and trustees, and after bequeathing
certain legacies (since satisfied), devised and bequeathed to the Original
trustees all his properties UPON TRUST to sell the same and to call in, and
convert into money such part of his properties as should not consist of money
(with power to postpone sale) or of investments thereby authorised And out of
the money arising thereby and out of his ready money to pay his funeral and
testamentary expenses and debts and legacies and to invest the residue of the
said money in any of the investments thereby authorised with power to vary
investments. And to stand possessed of the investments thereby directed to be
made or authorised to be retained, and the investments for the time being
representing the same Upon the trusts therein mentioned And the said Will
contained a power for the Appointor during his life to appoint [And by the said
Will the Appointor during his life was nominated as the person to exercise the
statutory power of appointing] a new trustee or new trustees thereof.
(2) The testator died on 2024 without having revoked or altered his said Will,
which was on 2024 duly proved at the Court by the executors therein named.
(3) The Original Trustees sold all the properties of the Testator (except such
parts thereof as are mentioned in the Assent hereinafter recited) , and converted
so much of his moveable properties as did not consist of ready money or of
authorised investments, and thereout and out of his ready money paid his funeral
and testamentary expenses and debts and legacies and the death duties
payable out of capital on his death, and invested the residue of the proceeds
of such sales and conversion and of his ready money in manner directed by his
said Will.
(4) By an Assent dated 2024, the Original Trustees, as the personal
representatives of the Testator, assented to the moveable and immovable
properties therein described vesting in themselves on trust for sale the net
proceeds of sale and the rents and profits until sale to be held on the trusts
declared concerning the same by the said Will And thereby declared that the
Appointor had power during his life to appoint [during his life was nominated as
the person to exercise the statutory power of appointing] new trustees of the said
Assent.
(5) The said D T died on the………… day of……….. and the said D D T died
on the……….. day of………..
(6) The residuary estate of the Testator (other than the moveable and
immovable properties comprised in the said Assent) is now represented by the
investments mentioned in the Schedule hereto standing in the name of the said
C T.
(7) The Appointor is desirous of appointing the New Trustees to be trustees
of the recited Will in the place of the said D T and D D T (both deceased).
(8) By an Appointment, bearing even date with but intended to be executed
immediately after this Deed and to be made between the same parties and in
the same order, it is intended that the New Trustees shall be appointed to be
trustees of the recited Assent, and the moveable and immovable properties
Ch. 26] APPOINTMENTS?FORMS 623624 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
therein comprised shall be vested in the said C T and the New Trustees on the
trusts of the said Assent:
(9) It is intended that so soon as practicable the investments mentioned in
the schedule hereto shall (after raising and paying thereout the costs of and
incidental to the preparation and execution of this Appointment and the said
appointment of even date) be transferred into the joint names of the said C T
and the New trustees:
NOW, for effectuating the aforesaid desire and in exercise of the power for
this purpose conferred by the recited Will and of all other powers.
THIS DEED WITNESSETH as follows:?
1. The Appointor hereby appoints the New Trustees to be trustees of the
recited Will in the place of the said DT and DDT (both deceased), and to act jointly
with the said CT for all the purposes thereof.
2. The Appointor hereby declares that all properties and also the right to
recover and receive all debts and other things in action [except mortgage debts
which are intended to be separately transferred] subject to the trusts of the
recited Will, shall forthwith vest in the said CT, and the New Trustees for all the
estate or interest formerly vested in the said CT and as trustees of the recited
Will and as joint tenants for the purposes and upon the trusts thereof.
AS WITNESS etc.
THE SCHEDULE
Particulars of investments intended to be separately transferred.
[Signatures of all the parties]
3
Appointment of New Trustees of a Mortgage Debt
(settled by a deed of even date) and transferee of
the debt and securities
THIS APPOINTMENT AND TRANSFER is made, etc., BETWEEN AB, of, etc.,
and FB, his wife (hereinafter called the Appointors), of the 1st part, R T, of, etc.
[retiring Trustee], of the 2nd part, C T, of, etc., [continuing Trustee], of the 3rd
part, N T, of, etc., and N N T, of, etc. (hereinafter called the New Trustees), of
the 4th part, and the said C T and the New Trustees of the 5th part:
WHEREAS:
(1) This Deed is supplemental to a Transfer of Mortgage (hereinafter called
the Principal Deed), dated, etc., and made between the said AB of the 1st part,
the said F B (then F H, Spinster), of the 2nd part, and D T and the said R T and
C T of the 3rd pert endorsed on a Deed hereinafter called the Mortgage, dated,
etc., and made, etc.) whereby, in consideration of the marriage, shortlyafterwards solemnised, between the said A B and F B, the benefit of the Mortgage
[the principal sum of Rs……… and interest thereon secured by the Mortgage]
was [were] assigned unto the said D T, R T and C T upon the trusts therein referred
to [And the freehold properties comprised in the Mortgage were conveyed to
them subject to the right of redemption subsisting thereunder, And by the
Principal Deed the power of appointing new trustees thereof was conferred on
the Appointors during their joint lives [the Appointors during their joint lives were
nominated as the persons to exercise the statutory power of appointing new
trustees thereof].
(2) The said D T died on the………….. day of……………
(3) The [said] principal sum of Rs.. with the current interest thereon, is still
owing to the said R T and C T upon the security of the Mortgage.
(4) The said R T is desirous of being discharged from the trusts of the Principal
Deed, and the Appointors are desirous of appointing the New Trustees to be
trustees thereof in his place [and in the place of the said D T (deceased).]
NOW, for effectuating the aforesaid desire and in exercise of the power for
this purpose conferred by the Principal Deed, and of all other powers.
THIS DEED WITNESSETH as follows:
1. The Appointors hereby appoint the New Trustees to be trustees of the
Principal Deed in the place of the said R T (who retires from the trust) [ and of
the said D T (deceased)] and to act jointly with the said C T for all the purposes
of the Principal Deed.
2. In consideration of the premises the said R T and C T, as Mortgagees,
hereby convey and transfer unto the said C T and the New Trustees the benefit
of the Mortgage.
(3) The principal sum or Rs……… now owing upon the security of the
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 compelling
payment of the said sum and interest shall be held Upon the trusts by the
Principal Deed declared or referred to concerning the same.
IN WITNESS etc.
[Signatures of all the parties]
4
Appointment of New Trustees of a conveyance on the trust
for sale of land of even date with a settlement?Variation
where the land has been purchased under a power
after the date of the settlement
THIS APPOINTMENT is made, etc. BETWEEN A B, of, etc., and F B, his wife
(hereinafter called the Appointors), of the 1st part, C T, of, etc., the 2nd part, NT,
G : CDD (Vol. 2) ? 40
Ch. 26] APPOINTMENTS?FORMS 625626 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
of, etc., and N N T, of etc., (hereinafter called the New Trustees), of the 3rd part
and the said C T and the New Trustees of the 4th part:
WHEREAS :
(1) This Deed is supplemental to a conveyance (hereinafter called the
Principal Deed), dated, etc., and made between the said A B [settlor] of the 1st
part; the said A B and F B (then F H ,Spinster), of the 2nd part, and D T, D D
T, and C T, of the 3rd part, whereby, in consideration of the marriage shortly
afterwards solemnised between the Appointors, certain properties situated or
arising in the………… were conveyed to the said D T, D D T and C T UPON Trust
to sell the same as therein mentioned, and to stand possessed of the net
proceeds of sale and of the rent and profits until sale Upon the trusts declared
concerning the same by a deed of even date therein referred to; And by the
Principal Deed power was given to the Appointors during their joint lives to
appoint [the Appointors during their joint lives were nominated as the persons
to exercise the statutory power of appointing] new trustees thereof;
(2) The said D T died on the……… day of……….. and the said D D T died on
the…………… day of………….:
(3) The Appointors are desirous of appointing the New Trustees to be trustees
in the place of the said D T and D D T .
NOW, for effectuating the said desire and in exercise of the power for this
purpose conferred by the Principal Deed by Indian Trusts Act, 1882 and of all
other powers.
THIS DEED WITNESSETH as follows:
THE Appointors hereby appoint the New Trustees to be trustees of the
Principal Deed in the place of the said D T and D D T (both deceased), and
to act jointly with the said C T for all the purposes of the Principal Deed.
IN WITNESS, etc.
[Signatures of all the parties]
5
Appointment of New Trustees of a settlement by a continuing
trustee under the statutory power where the persons
nominated to appoint are dead or are unable or unwilling
to Act?Variations where the appointment is made
by a retiring trustee
THIS APPOINTMENT is made BETWEEN C T, of, etc., [the continuing Trustee],
of the one part, and N T, of, etc., and N N T, of etc. (hereinafter called the New
Trustees), of the other part:
WHEREAS :
(1) This Deed is supplemental to a Settlement (hereinafter called the PrincipalDeed), dated, etc., and made between A B, of, etc. (since deceased), of the first
part, F A, Spinster (since deceased, afterwards and hereinafter called F B), of
the 2nd part, and X T, Y T and Z T, of the 3rd part (being a Settlement made in
consideration of the marriage, shortly afterwards solemnised between the said
A B and F B), whereby certain investments (previously transferred to the parties
thereto of the 3rd part), and the varied investments for the time being
representing the same (therein and hereinafter called the Trust Fund), were
settled upon the trusts therein mentioned [And the Principal Deed contained a
power for the trustees thereof, with the consent in writing of the said A B and
F B during their joint lives and of the survivor of them during his or her life, to
advance to any child of the said marriage any sum not exceeding one-half of
the expectant or presumptive share of such child] And the Principal Deed
contained a power for the said A B and F B during their joint lives and for the
survivor of them during his or her life to appoint [And by the Principal Deed the
said A B and F B during their joint lives and the survivor of them during his or
her life were nominated as the persons to exercise the statutory power of
appointing] new trustees thereof:
(2) The said A B died on the…………. day of…………., and the said F B died
on the…………. day of.
(3) As appears from the First Schedule hereto, the said C T is now the sole
surviving trustee of the Principal Deed, D T and D D T, his co-trustees, having
died, as appears from the same Schedule.
(4) There was issue of the marriage of the said A B and F B…………. children
and no more (none of whom have yet attained vested interests in the Trust Fund),
including J B to whom in the year…………. the sum of Rs…………… was, in exercise
of the power for that purpose conferred by the Principal Deed [or was in exercise
of the statutory power] and with the consent of the said A B and F B, advanced
by the trustees out of his expectant interest in the Trust Fund.
(5) The residue of the Trust Fund is now represented by the investments
mentioned in the Second Schedule hereto standing in the name of the said C
T.
(6) The said C T is desirous, in exercise of the statutory power conferred on
him for that purpose, of appointing the New Trustees to be trustees of the
Principal Deed in the place of the said D T and D D T, both of whom have died,
as mentioned in the First Schedule hereto.
(7) It is intended that (after raising and paying thereout the costs of and
incidental to the preparation and execution hereof) the investments mentioned
in the Second Schedule hereto shall be forthwith transferred into the joint names
of the [said C T and the ] New Trustees, to be held by them upon the trusts of
the principal Deed.
NOW, for effectuating the aforesaid desire and in exercise of the power for
this purpose conferred by the Indian Trusts Act, 1882 and of all other powers.
THIS DEED WITNESSETH as follows:
1. The said C T hereby appoints the New Trustees to be trustees of the
Ch. 26] APPOINTMENTS?FORMS 627628 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
Principal Deed in the place of the said D T and D D T (both deceased) and to
act jointly with the said C T for all the purposes of the Principal Deed [or if the
surviving Trustee retires, say ?in the place of the said D T (deceased) and of the
said C T (who retires from the trust) and for all the purposes of the Principal
Deed?].
2. No vesting declaration shall be implied herein.
IN WITNESS, etc.
THE FIRST SCHEDULE
Documents and facts showing that the said C T is the sole surviving trustee
of the Principal Deed.
__20__. On this date the said X T died.
__20__. On this date the said Y T died.
__20__. By An appointment of new Trustees of this date made between the said
A B and F B of the 1st part, the said Z T of the 2nd part, and the said
D T, D D T and C T of the 3rd part, the said A B and F B in exercise
of the power of that purpose conferred on them by the Principal Deed
appointed the said D T, D D T and C T to be Trustees of the Principal
deed in the place of the said X T and Y T (both deceased) and of the
said Z T who thereby retired from the trust.
__20__. On this date the said D T died.
__20__. On this date the said D D T died.
THE SECOND SCHEDULE
Particulars of investments now representing the Trust Fund.
[Signatures of the parties]
6
Appointment by the Survivor of Husband and Wife of New
Trustees of a settlement comprising Investments, mortgage
debts and reversionary interests and a covenant to settle
after-acquired property in place of a deceased trustee
and a trustee abroad
THIS APPOINTMENT is made, etc., BETWEEN A B, of etc. [surviving donee
of the power] (hereinafter called the Appointor), of the 1st part, C T, of etc.
[continuing trustee], of the 2nd part, N T , of etc. and N N T, of, etc., (hereinafter
called the New Trustees, of the 3rd part, and the said C T and the New trustees,
of the 4th part:
WHEREAS :
(1) This Deed is supplemental to a Settlement (hereinafter called the PrincipalDeed), dated, etc., and made between the Appointor of the 1st part, F H, Spinster
(since deceased) (afterwards and hereinafter called F B), of the 2nd part, W H
[wife?s father] of the 3rd part, and D T (since deceased), A T [the Trustee abroad]
and the said C T of the 4th part (being a Settlement made in consideration of
the marriage, shortly afterwards solemnised, between the Appointor and F B).
whereby certain investments (previously transferred to the parties thereto of the
4th part) and reversionary interests (thereby assigned to them) were settled
upon the trusts thereby respectively declared concerning the Husband?s Trust
Fund and the Wife?s Trust Fund therein mentioned, And the Principal Deed
contained a covenant for the settlement upon the trusts of Wife?s Trust Fund
of certain after-acquired property of F B, and also a power for the trustees thereof,
with the consent of the Appointor and F B, or of the survivor of them, to purchase
(out of either fund) land to be conveyed to the trustees thereof upon the usual
trust for sale, And the Principal Deed contained a power for the survivor of the
Appointor and F B to appoint [and by the Principal Deed the survivor of the
Appointor and F B was nominated as the person to exercise the statutory power
of appointing] new trustees thereof.
(2) The said D T died on the……….. day of…………..
(3) The said A T has been resident out of India for more than twelve months.
(4) The sum of Rs………….., being money forming part of the Husband?s Trust
Fund, has been invested, with the consent of the Appointor [and F B], in the
purchase and in paying the costs of the purchase of a messuage and property
situated at, etc., and which by a deed (hereinafter called the Conveyance), dated,
etc., and made, etc., were conveyed to the then trustees of the Principal Deed
upon trust for sale, the net proceeds to be held upon the trusts declared by the
Principal Deed of money forming part of the Husband?s Trust Fund.
(5) The residue of the investments originally settled upon the trusts of the
Husband?s Trust Fund is now represented by the investments mentioned in the
first part of the First Schedule hereto, which are standing in the joint names of
the said A T and C T.
(6) The second part of the First Schedule hereto contains particulars of
investments standing in the joint names of the said A T and C T, representing
the reversionary interest of the Appointor assigned by him in the Principal Deed
and which fell into possession in the year…………..
(7) The investments originally settled upon the trusts of the Wife?s Trust Fund
are now represented by the mortgage debts mentioned in the first part of the
Second Schedule hereto standing in the joint names of the said A T and C T.
(8) The second part of the Second Schedule hereto contains particulars of
investments now standing in the joint names of the said A T and C T, representing
certain property acquired by F B after the solemnisation of her marriage and
duly vested in the trustees of the Principal Deed pursuant to the covenant by
her therein contained.
(9) No part of the reversionary interest settled by F B in the Principal Deed
has fallen into possession.
Ch. 26] APPOINTMENTS?FORMS 629630 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
(10) F B died on the…………. day of…………..
(11) The Appointor is desirous of appointing the New Trustees to be trustees
of the Principal Deed in the place of the said D T (deceased) and A T, who is
abroad as aforesaid.
(12) It is intended that the said mortgage debts and the interest thereon and
the securities for the same shall as soon as practicable be transferred, with the
other investments mentioned in the Schedules hereto, into the joint names of
the said C T and the New Trustees.
(13) It is also intended that by a Deed bearing even date herewith, and made
between the same parties and in the same order as the parties hereto, the New
Trustees shall be appointed trustees of the Conveyance in the place of the said
D T and A T, and that the said Deed of even date shall contain a proper declaration
(express or implied ) for vesting in the said C T and the new Trustees the property
comprised in the Conveyance upon the trusts declared by the Conveyance.
NOW, for effectuating the said desire and in exercise of the power for this
purpose conferred by the Principal Deed and of all other powers.
THIS DEED WITNESSETH as follows:
1. The Appointor hereby appoints the New Trustees to be trustees of the
Principal Deed in the place of the said D T (deceased) and of the said A T, who
is abroad as aforesaid, and to act jointly with the said C T for all the purposes
of the Principal Deed.
2. The Appointor hereby declares that the right to receive the reversionary
interest settled by F B in the Principal Deed and all properties and also the right
to recover and receive all debts and other things in action (except the mortgage
debts intended to be separately transferred as aforesaid) subject to the trusts
of the Principal Deed, shall forthwith vest in the said C T and the New Trustees
for all the estate or interest formerly vested in the said A T and C T or either of
them and as trustees of the Principal Deed and as joint tenants for the purposes
and upon the trusts thereof.
IN WITNESS etc.
THE FIRST SCHEDULE
Particulars of the Husband?s Trust Fund
FIRST PART
Investments representing those originally settled and not laid out in land
SECOND PART
Investments representing the reversionary share settled by the Appointor
which has fallen into possessionTHE SECOND SCHEDULE
Particulars of the Wife?s Trust Fund
First Part
Investments representing those originally settled
Second Part
Investments representing property brought into settlement by F B pursuant
to her covenant to settle after-acquired property.
[Signatures of all the parties]
7
Appointment of New Trustees of a Will settling movable
and immovable properties
THIS APPOINTMENT is made, etc., BETWEEN A B, of, etc. (hereinafter called
the Appointor), of the 1st part, C T, of, etc., (hereinafter called the Continuing
Trustee), of the 2nd part, N T, of, etc., and N N T, of, etc., (hereinafter called the
New Trustees), of the 3rd part, and the Continuing Trustees and the New Trustees
of the 4th part.
WHEREAS :
(1) X Y (hereinafter called the Testator) duly made his Will, dated, etc., and
thereby, after appointing D T (deceased) and the Continuing Trustee (hereinafter
together called the Original Trustees ) to be his executors and trustees, and also
the trustees of his Will and after bequeathing certain legacies (which have all
been satisfied), devised and bequeathed all his properties to the Original
Trustees UPON TRUSTS And (subject to the payment of his funeral and
testamentary expenses and debts and the legacies bequeathed by his Will) the
Testator bequeathed all his residuary personal estate to the Original Trustees
UPON TRUST for sale and investment, and to be held by them (after discharging
funeral and testamentary expenses, death duties, debts and legacies) as capital
money arising from sales of the properties thereby settled, and so as to be
primarily liable to be laid out in the purchase of land to be conveyed to the uses
of the said Will, And the said Will contained a power for the Appointor during his
life to appoint a new trustee or new trustees thereof.
(2) The Testator died on, etc. and his said Will was on the 2024 duly proved
at the…………. Court.
(3) The Original Trustees converted so much of the Testator?s residuary
personal estate as did not consist of money or authorised investments and paid
his funeral and testamentary expenses, debts and legacies and the duties
payable out of capital on his death, and invested the residue of the net proceeds
and of his ready money in manner directed by his said Will.
Ch. 26] APPOINTMENTS?FORMS 631632 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
(4) By a Deed, dated, etc., and made between the Original Trustees of the
one part and the Appointor of the other part, it was declared that the said
properties were vested in the Appointor for which the same were held upon the
trusts of the said Will.
(5) The said D T died on the…………. day of………….
(6) The Appointor is desirous of appointing the New Trustees to be trustees
of the recited Will in the place of the said D T, deceased.
(7) It is intended that by a Deed of Declaration (supplemental to the recited
Deed), intended to bear even date herewith and to be made between the same
parties as are parties hereto, to declare that the Continuing Trustee and the New
Trustees are the trustees of the Settlement (created by the Will referred to in the
said Deed).
(8) It is also intended that, pursuant to the Indian Trusts Act, 1882 a
Memorandum shall be endorsed on the recited Deed, stating that the Continuing
Trustee and the New Trustees are the trustees of the Settlement.
(9) The residuary personal estate of the Testator and capital money arising
under the said Will are now represented by the investments mentioned in the
Schedule hereto, standing in the name of the continuing Trustee, and it is
intended that the same shall (after raising and paying thereout the costs of and
incidental to this Appointment, the said Deed of Declaration and Memorandum)
so soon as practicable, be transferred into the joint names of the Continuing
Trustee and the New Trustees.
Now, in exercise of the powers conferred for this purpose by the said Will and
of all other powers, THIS DEED WITNESSETH that the Appointor hereby appoints
the New Trustees to be trustees of the recited Will in the place of the said D T,
deceased, and to act with the Continuing Trustee for all the subsisting purposes
of the said Will.
IN WITNESS, etc.
THE SCHEDULE
Particulars of investments and capital money
[Signatures of the parties]
8
Appointment by Husband and Wife under an express power
of New Trustees of a settlement comprising investments
and covenant to settle after-acquired property in place
of a deceased trustees and a retiring trustee
THIS APPOINTMENT is made 2024, BETWEEN A B, of, etc., and F B, his wife
[donee of the power] (hereinafter called the Appointors), of the 1st part, R T, of,etc., [retiring Trustee], of the 2nd part, C T, of, etc. [continuing Trustee] of the 3rd
part, N T, of, etc., and N N T, of, etc. (hereinafter called the New Trustees), of
the 4th part, and the said C T and the New Trustees of the 5th part:
WHEREAS :
(1) This Deed is supplemental to a Settlement (hereinafter called the Principal
Deed), dated, etc., and made between the said A B of the 1st part, the said F
B (then F A, Spinster) of the 2nd part, and D T (since deceased) and the said
R T and C T of the 3rd part (being a Settlement made in consideration of the
marriage, shortly afterwards solemnised between the Appointors), whereby
certain investments, which had been previously transferred to the parties thereto
of the 3rd part and the varied investments for the time being representing the
same (therein and hereinafter called the Trust Fund) were settled upon the trusts
therein mentioned, and the Principal Deed contained a covenant with the parties
thereto of the 3rd part for the settlement of certain after-acquired property of the
said F B, And also a power for the Appointors during their joint lives to appoint
[and by the Principal Deed the Appointors during their joint lives were nominated
as the persons to exercise the statutory power of appointing] a new trustee or
new trustees thereof.
[If the Settlement contains a full power stating the cases in which new trustees
may be appointed, this should be fully recited.]
(2) The said D T died on the……….. day of……….
(3) The Trust Fund is now represented by the investments mentioned in the
Schedule hereto now standing in the joint names of the said R T and C T.
(4) No property has hitherto become subject to the covenant contained in
the Principal Deed for the settlement of the after-acquired property of the said
F B:
(5) The said R T is desirous of being discharged from the trusts of the Principal
Deed.
(6) The Appointors are desirous of appointing the New Trustees to be trustees
of the Principal Deed in the place of the said D T and R T.
(7) It is intended so soon as may be after the execution hereof that the
investments mentioned in the Schedule hereto shall [subject to raising and
paying thereout the costs of and incidental to the preparation and execution
hereof] be transferred into the joint names of the said C T and the New Trustees.
NOW, for effectuating the said desire and in exercise of the power for this
purpose conferred by the Principal Deed and of all other powers.
THIS DEED WITNESSETH as follows:
1. The Appointors hereby appoint the New Trustees to be trustees of the
Principal Deed in the place of the said D T, deceased, and of the said R T (who
retires from the trust), and to act jointly with the said C T for all the purposes
of the Principal Deed.
Ch. 26] APPOINTMENTS?FORMS 633634 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
2. The Appointors hereby declare that all properties and also the right to
recover and receive all debts and other things in action subject to the trusts of
the Principal Deed (other than the mortgage debts mentioned in the Schedule
hereto which are to be separately transferred as aforesaid) shall forthwith vest
in the said C T and the New Trustees, for all the estate or interest formerly vested
in the said C T and R T, or either of them, and as trustees of the Principal Deed,
and as joint tenants for the purposes and upon the trusts thereof.
IN WITNESS etc.
THE SCHEDULE
Particulars of investments now subject to the trusts of the Principal Deed
and intended to be separately transferred
[Signatures of all the parties]
9
Appointment of New Trustees by the donee
of the power under a Will
THIS APPOINTMENT is made, etc., BETWEEN A B, of, etc. [donee of the power]
(hereinafter called the Appointor), of the 1st part, C T, of, etc. [continuing Trustee],
of the 2nd part, N T, of, etc., and N N T, of, etc. (hereinafter called the New
Trustees), of the 3rd part, and the said C T and the New Trustees of the 4th part:
WHEREAS :
(1) By a deed, dated etc., D T, D D T (both since deceased) and the said C
T (hereinafter called the Original Trustees) assented to the vesting in themselves
of the freehold and leasehold properties mentioned in the First, Second and Third
Schedules thereto UPON TRUST to sell the same [with the consent of the
Appointor during his life, and after his death at the discretion of the Original
Trustee], with power to postpone the sale and to stand possessed of the net
proceeds of the sale and other money applicable as capital, and the net rents
and profits until sale Upon the trusts respectively declared concerning the same
by the Will, dated, etc., of the late X Y, who died on, etc., which was proved on
2024 by the Original Trustees as the executors therein named at the?Court:
And it was thereby declared that [certain powers therein mentioned were
exercisable [with such consent, or at such discretion, as aforesaid] by the
trustees for sale for the time being of the premises, and that] the Appointor during
his life had power to appoint new trustees thereof [or otherwise in accordance
with the terms of the Will]:
(2) The said D T died on 2024 and the said D D T died on 2024:
(3) The Appointor is desirous of appointing the New Trustees to be trustees
of the recited Assent in the place of the said D T and D D T, both deceased:NOW, for effectuating the said desire, and in exercise of the power for this
purpose mentioned in the said Assent and of all other powers.
THIS DEED WITNESSETH that the Appointor hereby appoints the New
Trustees to be trustees of the recited Assent in the place of the said D T and
D D T (both deceased), and to act jointly with the said C T for all the purposes
thereof.
IN WITNESS, etc.
[Signatures of the parties]
10
Appointment of New Trustees for sale made on an intestacy
by the legal representative
THIS APPOINTMENT is made, etc., BETWEEN R T , of, etc., [retiring Trustee],
of the One Part, and N T, of, etc., and N N T, of, etc. (hereinafter called the New
Trustees), of the Other Part.
WHEREAS :
(1) By a deed, dated, etc., and made between L P and L L P (hereinafter called
the Administrators) of the one part, T and D T and the said R T (hereinafter called
the Original Trustees) of the other part, the Administrators (as the personal
representatives of the late X T, who died intestate on…………. and to whom letters
of Administration were granted on……….. by the…………. Court assented to the
freehold and leasehold properties therein described vesting in the Original
Trustees UPON TRUST to sell the same and to stand possessed of the net
proceeds of sale and other money applicable as capital and of the net rents and
profits until sale, upon the trusts therein referred to And by the said Assent it
was declared that the statutory power to appoint new trustees was applicable
thereto.
(2) The said D T died on 2024.
(3) The said R T is desirous of retiring from the trusts of the recited Assent
and of appointing the New trustees to be trustees thereof in place of himself and
the said D T, deceased: NOW, for effectuating the said desire and in exercise
of the powers for this purpose conferred by the Indian Trusts Act, 1882 and of
all other powers, THIS DEED WITNESSETH that the said R T hereby appoints the
New Trustees to be trustees of the recited Assent in the place of the said R T
(who retires from the trust) and of the said D T, deceased, for all the subsisting
purposes of the said Assent.
IN WITNESS, etc.
[Signatures of the parties]
Ch. 26] APPOINTMENTS?FORMS 635636 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
11
Appointment of Trustees for sale of land to the proceeds of
which Minor became contingently entitled under
an Intestacy
THIS APPOINTMENT is made 2024 BETWEEN P R, of, etc. P R R, of, etc.
(hereinafter called the Appointors), of the 1st part, N T, of, etc. (hereinafter called
the New Trustee), of the 2nd part, the said P R R (hereinafter called the Retiring
Trustee) of the 3rd part, and the said P R and the New Trustee (hereinafter
together called the Trustees) of the 4th part:
WHEREAS :
(1) L.R., late of, etc. (hereinafter called the Intestate), died intestate on…………
2024, leaving at his death his widow, S.R., and four children, all being minors,
namely [set out names and dates of birth], none of whom has married.
(2) On the…………. 2024 Letters of Administration were (with the consent of
the said S.R.) granted to the Appointors (the two brothers of the Intestate) by
the…………. Court in respect of the estate of the Intestate.
(3) All the funeral and administration expensed (including death duties
payable out of capital) and debts of the Intestate have been discharged, the
movable properties and the sum of Rs.. have been handed over and paid to the
said S.R., and the residuary estate of the Intestate is now represented by the
immovable properties mentioned in the two Schedules to the Deed of Appro-
priation and Partition next hereinafter mentioned.
(4) By a Deed of Appropriation and Partition, dated, etc., and made, etc, the
Appointors in exercise of their powers and with the requisite consents, appro-
priated the immovable properties mentioned in the First Schedule thereto as
representing the moiety in the residuary estate in respect of which the said S.R.
was to take a life interest and appropriated the immovable properties mentioned
in the Second Schedule thereto as representing the moiety to be held on trusts
for the benefit of the said four children free from such life interest; and the
Appointor thereby agreed to stand possessed of the properties so appropriated
Upon trust for sale, conversion and otherwise in exercise of the powers conferred
upon them.
(5) The Retiring Trustee is desirous of retiring from the trusts aforesaid, and
the Appointors are desirous, with the consent of the said S.R. (which has been
given under her hand), of appointing the New Trustee in his place in manner
hereinafter appearing.
(6) It is intended that by an Assent bearing even date with but intended to
be executed immediately after this Appointment, to be made between the
Appointors of the one part and the Trustees of the other part, the Appointors,
as the Personal Representatives of the Intestate, shall assent to the vesting of
the moveable and immovable properties, mentioned in the First and Second
Schedules thereto (being mentioned in the corresponding Schedules to the saidDeed of Appropriation), in the Trustees UPON TRUST to sell the same (with power
to postpone the sale), and to stand possessed of the net proceeds of sale, and
other capital money arising under their statutory powers, and the net rents and
profits of the premises until sale Upon the trusts and subject to the powers and
provisions upon and subject to which the same ought to be held, having regard
to the said intestacy and Deed of Appropriation.
(7) It is intended, as soon as possible after the execution hereof, that the
money and investments mentioned in the Schedules to the said Deed of
Appropriation, shall, after deducting thereout (in the proper proportions) the
costs of and incidental to the said Deed of Appropriation, the said Assent and
this Appointment, be transferred into the joint names of the Trustees.
NOW, for effectuating the said desire and in exercise of the power for this
purpose conferred by the Indian Trusts Act, 1882 and of all other powers.
THIS DEED WITNESSETH as follows:
The Appointors hereby appoint the New Trustee (to be a trustee) of the said
Deed of Appropriation, and generally for the purposes of the trusts affecting the
estate of the Intestate in the place of the Retiring Trustee, and to act jointly with
the said P R [continuing trustee], for all the purposes aforesaid.
IN WITNESS etc.
12
Appointment of new trustees of a club where the rules
provide for appointment by the president on the
nomination of the committee
THIS DEED OF APPOINTMENT OF NEW TRUSTEES is made the…………… day
of…………… BETWEEN [president of club] of [address, etc.] (hereinafter called the
appointor) of the One Part and [new trustees] of [addresses, etc.] (hereinafter
called the new trustees) of the Other Part.
WHEREAS:
(1) The appointor is at the date hereof the president of the…………. Club
(hereinafter called the club).
(2) By reason of the death [or resignation] [or removal] in accordance with
rule…………. of the rules of the club of [names of old trustees] the committee of
the club by resolution duly passed on.. resolved that it was expedient to appoint
the new trustees to be trustees of the club with [continuing trustees].
(3) By resolution duly passed on.. the committee nominated the new trustees
to be the new trustees of the club as aforesaid.
(4) To give effect to such resolutions and in pursuance of the provisions of
the said rule the appointor has agreed to execute this deed.
NOW THIS DEED WITNESSETH that the appointor in exercise of the powers
Ch. 26] APPOINTMENTS?FORMS 637638 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
conferred upon him by the said rule and all other powers hereunto enabling him
hereby appoints the new trustees to be trustees of the club in place of…………..
and jointly with [continuing trustees].
IN WITNESS etc.
[Signatures of appointor and new trustees]
13
Appointment of Executors, Trustees and Guardians
(1) I, A.B. off, etc. APPOINT…………., of, etc., …………., of, etc.,…………… and
………….of, etc. (hereinafter called ?my Trustees? which expression shall where
the context so admits include the said………….. and the survivor of them or other
the trustees or trustee for the time being of this my Will), to be the executors and
trustees of my Will.
(2) I bequeath to each of them the said…………., who accepts the office of
trustee and executor the sum of Rs…………..
(3) I appoint the respective persons who at my death shall be the trustees
of any settlement under which I am tenant for life or statutory owner to be my
special executors in regard to the settled land vested in me at my death pursuant
to that settlement.
(4) I appoint my Trustees hereinbefore named, [………….and………….,] and the
survivors and survivor of them, to be the guardians of my minor children, if my
wife predeceases me.
IN WITNESS etc.
[Signature of the party]
14
Codicil appointing an Additional Executor and
Trustee of a Will
I, A B, of, etc.
1. (1) I appoint X Y, of, etc., to be an additional executor and trustee of my
Will [and an additional guardian of my minor children], and to act jointly with C
D and E F, whom I thereby appointed to be the executors and trustees thereof.
(2) My Will shall be read and have effect as if the name of the said X Y were
inserted therein in addition to the names of the said C D and E F wherever their
names occur and as if the said X Y had been originally appointed an executor
and trustee of my Will [and a guardian of my minor children] in addition to the
said C D and E F.
IN WITNESS, etc.15
Codicil revoking the appointment of an Executor or Trustee
of a Will and appointing a new one in his place
I, A B, of, etc.
1. I revoke the appointment contained in my Will whereby I appointed C D
to be an executor and trustee thereof [and a guardian of my minor children] and
also the legacy of Rs.. thereby bequeathed to him, and declare that my Will shall
take effect as if he was dead.
2. I appoint X Y, of, etc., to be an executor and trustee of my Will [and also
a guardian of my minor children] in the place of the said C D, and to act jointly
with the other executors and trustees named in my Will [and I bequeath to him
if he accepts the office of trustee and executor, the sum of Rs………]
3. My Will shall be read, etc., [as per clause (2) in the last Precedent].
IN WITNESS etc.
16
Appointment of New Trustees of a Charitable Trust where
the investments stand in the names of the Official Trustees
THIS APPOINTMENT is made, etc., BETWEEN A B, of, etc. (hereinafter called
the Continuing Trustee), of the First P C D, of, etc. (hereinafter called the Retiring
Trustee), of the Second Part, and E F, of, etc. (hereinafter called the New Trustee),
of the Third Part.
WHEREAS :
(1) This Deed is supplement to a Deed (hereinafter called the Principal Deed),
dated, etc., whereby it was declared that certain investments (previously
transferred to the Continuing Trustee, the Retiring Trustee and [deceased
trustee]), and the varied investments for the time being representing the same
(therein and hereinafter called the Trust Fund), were held by the said trustees
upon trust to apply the income thereof forever upon the charitable trusts therein
mentioned: But no person was nominated by the Principal Deed to appoint new
trustees thereof.
(2) The said [deceased trustee] died on the…………. day of…………..
(3) The Retiring Trustee desires to be discharged from the trusts of the
Principal Deed.
(4) The Trust Fund is now represented by the investments mentioned in the
Schedule hereto standing in the names of the official Trustees of Charitable
Funds.
(5) The Continuing Trustee and the Retiring Trustee desire to appoint the New
Trustees to be trustees of the Principal Deed in the place of the said [deceased
trustee] and the Retiring Trustee.
Ch. 26] APPOINTMENTS?FORMS 639640 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
NOW THIS DEED WITNESSETH that the Continuing trustee and the Retiring
trustee, for effectuating the aforesaid desire, and in exercise of the power for this
purpose conferred by the Indian Trusts Act, 1882 and of all other powers, hereby
appoint the New Trustees to be trustees of the Principal Deed in the place of
the said [deceased trustee] and of the Retiring Trustee (who retires from the
trust), and to act jointly with the Continuing Trustee for all the purposes of the
Principal Deed.
IN WITNESS, etc
[Signatures of the parties]
17
Appointment of the New trustees of a settlement of land,
etc., where Trustees were appointed by the settlement
and were given a power of sale
THIS APPOINTMENT is made 2024, BETWEEN A B, of, etc. [donee of power]
(hereinafter called the Appointor), of the 1st part, R T, of, etc. (hereinafter called
the Retiring Trustee), of the 2nd part, and N T, of, etc., and N N T, of etc.
(hereinafter called the New Trustees), of the 3rd part.
WHEREAS :
(1) This Deed is supplemental to a Deed (hereinafter called the Settlement),
dated, etc., and made between the Appointor of the 1st part, F H, Spinster
(afterwards and hereinafter called F B), of the second part, and D T (since
deceased) and the Retiring Trustee (hereinafter together called the Original
Trustees), of the 3rd part under which and by virtue of diverse dispositions to
the uses or upon the trusts thereof and by virtue of a Principal Vesting Deed,
dated, etc., and made between the Original Trustees of the one part and the
Appointor of the other part certain freehold and leasehold properties situated
in…………. are now vested in the Appointor UPON TRUSTS under which he is
tenant for life in possession, and whereby the Original Trustees were appointed
to be trustees of the Settlement and a power of sale and exchange was thereby
conferred on the Original Trustees, UPON TRUSTS for raising portions for the
younger children of the said marriage and their issue, And by the Settlement
certain immovable properties were assigned to the Original Trustees to be held
by them as heirlooms along with the immovable properties thereby settled and
they were also directed to hold certain investments which had been separately
transferred to them UPON TRUSTS as if the same were capital money arising
from the sale of the said immovable properties, and were primarily liable to be
laid out in the purchase of freehold land to be made subject to the Settlement;
And by the Settlement the Appointor was empowered during his life to appoint
[the Appointor during his life was nominated as the person to exercise the
statutory power of appointing] new trustees thereof.
(2) The said D T died on……….. 20…..(3) The Schedule hereto contains particulars of the investments and money
standing in the name of the Retiring Trustee.
(4) The Retiring Trustee is disirous (as he hereby declares) of being
discharged from the trusts of the Settlement and the Appointor is desirous of
appointing the New Trustees to be trustees thereof in his place and in place of
the said D T (deceased).
(5) It is intended by a Deed of Declaration bearing even date with and intended
to be executed immediately after this Appointment and to be made between the
same parties and in the same order (supplemental to the said Principal Vesting
Deed).
(6) It is intended that (after raising and paying thereout the costs of and
incidental to this Appointment, the said Deed of Declaration as soon as
practicable the money and investments mentioned in the Schedule hereto shall
be paid and transferred into the joint names of the New Trustees.
NOW, for effectuating the aforesaid desire and in exercise of all other powers.
THIS DEED WITNESSETH that the Appointor hereby appoints the New
Trustees to be trustees of the Settlement in the place of the said D T (deceased)
and of the Retiring Trustee (who retires from the trust) for all the purposes for
which the Original Trustees were appointed trustees by the Settlement.
IN WITNESS, etc.
THE SCHEDULE
Particulars of investments
[Signatures of the parties]
18
Appointment of New Trustees where the land is held in
undivided shares, the appointment being made by
persons interested in more than half the land
or the income thereof
THIS APPOINTMENT is made, etc., BETWEEN A T, of, etc., B T, etc., and
C T, of, etc. (hereinafter called the X Trustees), of the 1st part, P R, of, etc., and
P R R, of, etc., (hereinafter called the Y Representatives), of the 2nd part, B O,
of, etc., of the 3rd part, F M, of etc. (hereinafter called the Mortgagee), of the
4th part, the X Trustees, the Y Representatives and the said B O (hereinafter
collectively called the Appointors), of the 5th part, and N T, of, etc., N N T, of,
etc., and N N N T, of, etc., (hereinafter called the New Trustees), of the 6th part.
WHEREAS :
(1) To (hereinafter called the Testator), being at his death entitled to the
properties mentioned in the first part of the First Schedule hereto, subject to the
G : CDD (Vol. 2) ? 41
Ch. 26] APPOINTMENTS?FORMS 641642 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
lease and mortgage mentioned in the second part of that Schedule, but other
wise free from encumbrances, by his Will, dated, etc., and proved on………….,
devised the said properties of his four sons, D O, G O, J O and B O, in equal
shares as tenants in common.
(2) The Testator died on…………..
(3) As appears from the first part of the Second Schedule hereto, the one
fourth share of the said D O (deceased), in the said properties was vested in
O T, A T and B T on trust to sell the same and is now vested in the X Trustees
upon the like trusts.
(4) As appears from the second part of the Second Schedule hereto the one-
fourth share of the said G O (now deceased), in the said properties was, vested
in [D P R and the Y Representatives and is now vested in] the Y Representatives
as part of his estate.
(5) The said J O, in the year…………., left India and is now residing at………….,
and (so far as the Appointors are aware) his one-fourth share in the said
properties remained vested in him at the date aforesaid, and he has not
encumbered or dealt with the same in any way.
(6) As appears from the third part of the Second Schedule hereto the said
B O had at the date conveyed his one-fourth share in the said properties to the
Mortgagee for securing payment of the sum of Rs…… and interest thereon, but
has not in other respects dealt with his said share.
(7) In the circumstances aforesaid the said properties vested in the Public
Trustee subject to the encumbrances mentioned in the second part of the first
Schedule hereto, upon the statutory trusts, but he has not been requested to
act for these purposes.
(8) The Appointors, with the consent of the Mortgagee (testified by his
execution hereof), are desirous of appointing the New trustees to be trustees
in place of the Public Trustee, in manner hereinafter appearing.
NOW, THIS DEED WITNESSETH that the Appointors (with such consent as
aforesaid) hereby appoint the New Trustees to be trustees of the property
mentioned in the First Schedule hereto in the place of the Public Trustee, for the
purposes of the statutory trusts aforesaid TO THE INTENT that the land and rights
mentioned in the first part of the First Schedule hereto shall, vest in the New
Trustees Upon the statutory trusts.
IN WITNESS etc.
THE FIRST SCHEDULE
FIRST PART
Particulars of properties
No. on Plan Description AreaSECOND PART
Legal encumbrances affecting the entirety of the properties
mentioned in the first part of this Schedule
1. Perpetual yearly rent of Rs.. reserved by a Lease dated, etc., and made
between, etc.
2. Mortgage, dated, etc., and made between, etc. for securing Rs.. and
interest.
THE SECOND SCHEDULE
FIRST PART
Date Dealing with the one-fourth share of D O
20….. By a conveyance of this date made between the said D O, of the 1st
part, Jane P , of the 2nd part, and O T, A T and B T (hereinafter called
?the Original Trustees?) of the 3rd part, the said one fourth share was
conveyed to the Original trustees. To the Use of the said D O until the
solemnisation of the said marriage and thereafter To the use of the
Original Trustees UPON TRUST to sell the same with the consent of the
said D O and M P , and the survivor of them during their lives or the life
of the survivor, and after death of both at the discretion of the Original
Trustees, and to stand possessed of the net proceeds of sale on the
trusts of a deed of even date therein referred to.
20….. The said D O died on this date.
20….. The said M.P . (then M.O.) died on this date.
20…. The said O T died on this date.
20….. By a Deed of this date and made between the said A T and B T of the
first part the said C T of the second part and the X Trustees of the third
part the X Trustees became and are now the trustees of the said
conveyance.
SECOND PART
Dealings with the one-fourth share of G O
20….. On this date the said G O died, having by his Will, dated, etc., appointed
D P R and the Y Representatives to be his executors.
20….. On this date the said D P R and the Y Representatives proved the said
Will in the court.
20….. The said D P R died on this date.
THIRD PART
Dealings with the one-fourth share of B O
20….. By a Mortgage of this date, made between the said B O of the one part,
and the Mortgagee of the other part, the said B O conveyed his
onefourth share to the Mortgagee, by way of mortgage for securing
payment of the principal sum of Rs…….. and interest thereon at the rate
of Rs…….. per cent per annum.
Ch. 26] APPOINTMENTS?FORMS 643644 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
19
Clauses in annuity deed providing for appointment etc. of
agent with powers
THE grantor by the direction of the annuitant hereby appoints the agent to
be agent of the grantor from time to time and in the name of the grantor or
otherwise during the continuance of the said annuity to collect and receive all
the rents and profits of that said premises hereby charged from the persons liable
to pay the same And for that purpose to execute and do all necessary deeds
and things as the agent and in the name of the grantor or otherwise And the
grantor hereby directs all the persons liable to pay the said rents and profits to
pay the same to the agent when the same respectively shall be due and hereby
declares that the receipts of the agent shall be sufficient discharges for all monies
so paid as aforesaid.
THE agent shall in the first place out of the said rents and profits pay all taxes
and outgoings whatsoever charged on the said premises or payable in respect
thereof and in the next place pay unto the annuitant the said annuity of Rs………
on the days hereby appointed for the payment thereof together with all costs
incurred in the execution of this deed and shall pay all the surplus thereof unto
the grantor or as he shall direct after retaining thereout as compensation for his
services [a commission of………….. per cent on the gross amounts collected by
him [or otherwise as may be agreed].
THE agent hereby covenants with the annuitant and also as a separate
covenant with the grantor that he will use his best endeavours faithfully to collect
and receive the rents and profits and will pay apply the same when received for
the purposes hereinbefore mentioned.
THE grantor hereby covenants with the annuitant:
(a) That he will not without the consent of the annuitant revoke the powers
hereby given to the agent nor do any act whereby they may become
void nor hinder the agent in receiving and collecting the said rents and
profits:;
(b) That in case the agent shall die or become disqualified or incapable
of acting as such agent the grantor will join with the annuitant in
removing the agent if then living from the said employment and will in
any of the cases aforesaid duly appoint such other fit person in his place
as the annuitant shall nominate to collect and receive the said rents
and profits upon the trusts aforesaid and so from time to time when and
so often as the like case shall happen so long as the said annuity or
yearly sum of Rs……… shall remain on the security of this deed.
IT IS HEREBY AGREED that in case the grantor shall neglect so to do for the
space of twenty days next after the death incapacity or misbehaviour of the agent
or any other agent so to be appointed as aforesaid it shall be lawful for the
annuitant without the consent of the grantor to appoint such new agent upon the
trusts aforesaid with such salary as the annuitant shall think fit not exceeding
Rs……………..Provided always that the annuitant shall not in any case be charged with any
loss or misapplication of the said rents and profits by reason of any breach of
trust by the agent or otherwise howsoever.
In this deed the expression ?the grantor? and ?the annuitant? shall where the
context permits include their respective personal representatives and assigns.
20
Appointment by the direction of members of a Land
Development Company of Additional Trustees of land
vested in a sole Trustee where the administration
of trust involves the receipt and custody of money1
THIS MEMORANDUM OF APPOINTMENT is made, etc., BETWEEN A B, of, etc.,
C D, of, etc., E F, of, etc., and G H, of, etc. (hereinafter called the company), of
the 1st part, C T (hereinafter called the original Trustee) of the 2nd part, and N
T, of, etc., and N N T, of, etc. (hereinafter called the New Trustees), of the 3rd
part.
WHEREAS :
(1) This memorandum is supplemental to the Conveyances (hereinafter
called the Principal deeds) mentioned in the Schedule hereto (being convey-
ances of diverse properties to the Original Trustee) and as appears from that
Schedule the purchase-money in each case was provided by members of the
Company in the amounts or proportions mentioned in that Schedule; and
accordingly the said properties were, held by the Original Trustee in trust for the
members of the Company in shares corresponding to the amounts provided by
them respectively:
(2) By virtue of provisions of the Indian Trusts Act, 1882, the said properties
became subject in the hands of the Original Trustee to a trust for sale.
(3) The Original Trustee, by the direction of the Company has agreed to
appoint the New Trustees as additional trustees of the said properties on the
terms hereinafter appearing.
NOW, in exercise of the powers for this purpose conferred by the Indian Trusts
Act, 1882 and of all other powers.
IT IS HEREBY DECLARED as follows:
1. The Original Trustee, by the direction of the Company hereby appoints the
New Trustees to be additional trustees of the Principal Deeds in relation to the
said properties and to act with the Original Trustee for all the purposes of the
said trust for sale.
2. (1) The Original Trustee shall, by a Conveyance of even date herewith
convey the said properties to himself and the New Trustees UPON TRUST to sell
the same (with power to postpone the sale) and to stand possessed of the net
proceeds of sale, and of any capital money arising under the statutory powers
Ch. 26] APPOINTMENTS?FORMS 645646 CONVEYANCING, DRAFTING & DEEDS [Ch. 26
(as extended as hereinafter mentioned), and of the net rents and profits until sale.
Upon the trusts to be declared concerning the same by the Declaration of Trust
hereinafter mentioned:
(2) The said Conveyance shall, in addition to the statutory powers, contain
the following powers to be exercisable by the trustees from time to time thereof
namely:-
Power, etc. [set out additional powers]:
(3) The statutory power to appoint new trustees shall apply to the said
Conveyance and shall be exercised in accordance with the directions of the
members from time to time of the Company, but no reference shall be made to
the company and a purchaser or other person dealing for money or money?s
worth with the trustees for the time being shall not be concerned to see that the
directions (if any) have been complied with.
3. (1) A Declaration of Trust of even date herewith shall be signed by the
Original Trustee and the New Trustees agreeing to stand possessed of the said
net proceeds of sale, capital money, rents and profits. Upon the trusts declared
concerning the same by a Memorandum of even date therewith (meaning this
Appointment) or such other trusts as the same ought from time to time to be
held
(2) The trusts are those requisite for giving effect from time to time to the rights
of the members of the Company having regard to the contributions aforesaid
and of the persons respectively deriving title under them or any of them.
AS WITNESS, etc.
THE SCHEDULE
Date of Short particulars of Amount of purchase How contributed by
Conveyance property conveyed money or other members of the
consideration Syndicate
1. See Section 60 of the Indian Trusts Act, 1882.