Appointment of receiver Deed by Gupta

V2_CH26

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 [date] without having revoked or altered his said Will,

which was on [date] 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 [date], 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 [date] 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 [date], 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

[date] 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 [date] and the said D D T died on [date]:

(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 [date].

(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 [date] 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…………

[date], 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………….  [date] 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 [date], 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.