expressed and intended so to be, and every part thereof, To HAVE, HABENDUM, HOLD, RECEIVE, TAKE AND ENJOY the stocks, funds and securities, and all and singular other the premises hereby assigned, or expressed and intended so to be, unto and by the said A. B., his executors, administrators and assigns, to the intent and purpose that the same may be freed and absolutely discharged of and from all the trusts, directions, powers and authorities in and by the said recited will of the said [testator] expressed, declared, and contained of and concerning the clear residuary personal estate of the said [testator], and also of and from all estates tail and other interests whatsoever to which the lands directed to be purchased and settled as aforesaid would have been subject, in case such purchase and settlement as aforesaid had been actually made and executed (2): AND it is hereby Declaration of declared and agreed by and between the parties to these presents, trust of the stock. that the said A. B., his executors, administrators and assigns, and also the said [trustees], and their respective executors, administrators and assigns, shall henceforth stand and be possessed of and interested in all and singular the stocks, funds, securities and other premises hereby assigned, or expressed and intended so to be, and every part thereof, UPON TRUST for such person or persons, and for such intents and purposes as the said W. Evans and E. Evans shall by any writing or writings under their hands jointly direct or appoint; and in default of such direction or appointment, THEN AS TO AND CONCERNING 2,000l. three per cent. consolidated bank annuities, part of the said sum of 10,0007. like annuities, and the interest, dividends and annual proceeds henceforth to become due in respect of the said sum of 2,000l. like annuities, IN TRUST for the absolute use and benefit of the said W. Evans, his executors, administrators and assigns, and to be transferred as he or they shall direct, in full satisfaction for the estate or interest of the said W. Evans of and in the said trust monies, stocks, funds and securities, or in the lands and hereditaments by the said recited will directed to be purchased therewith as aforesaid: AND AS TO AND CONCERNING the sum of 8,000l. three per cent. consolidated bank annuities (residue of the said sum of 10,000l. like annuities), and all dividends henceforth to become due in respect thereof, and all other the premises hereby assigned, or expressed and intended so to be (subject to the said sum of 2,000l. like annuities, and the dividends thereof, so to be held in trust for or to be transferred to the said W. Evans as aforesaid), IN TRUST for the said E. Evans, his executors, administrators and assigns, and to be paid or transferred to him or them, or as he or they shall direct. Provided always, and it is hereby agreed and declared between and by the parties to these presents, that the receipt or receipts in writing of the said W. Evans, his executors, administrators and assigns, for the said sum of 2,000l. three per cent. consolidated bank annuities, and the dividends thereof, or the produce thereof respectively, and the receipt or receipts in writing of the said E. Evans, his executors, administrators and assigns, for the said sum of 8,000l. like annuities, and the dividends thereof, or the produce thereof respectively, shall be respectively good and effectual releases and discharges to the said [trustees], and their respective executors, administrators and assigns, without any further or other direction or authority from the said A. B., his executors, administrators or assigns, and that he and they respectively shall not be answerable or (2) Where the parties assigning are not to receive the money or stock, the usual power of attorney and of giving discharges should be inserted. Receipts of par ties entitled to be sufficient dis charges. accountable for any misapplication or nonapplication of the said trust monies, stocks and funds, or the dividends thereof, or any part thereof respectively. IN WITNESS, &c. (a). (a) It is apprehended, that after the due execution and inrolment of this deed in Chancery, that the trustees, in whose names the stock is standing. will be justified in transferring it according to the trusts of this deed. If W. Evans or E. Evans have created any incumbrances affecting the fund, of which the trustees have notice, the fund cannot be safely transferred without the consent of the incumbrancers, or providing for their charges. The trustees, on transferring the stock, will be entitled to require the usual release and indemnity from the parties beneficially interested. TESTATUM. Tenant in tail with consent of protector. No. XIX. ASSIGNMENT by Tenant in Tail in Remainder, with the Consent of the Protector of the Settlement, of Funds subject to be laid out in Lands to be entailed, in order that the same may be immediately reassigned to the Assignor. Declaration that Fund shall be considered as Personal Estate. THIS INDENTURE, made the day of in the year of our Lord 18-, between W. Evans, of &c. esq. [the tenant in tail in remainder] of the first part; E. Evans, of &c. [the protector] of the second part; and [trustee] of the third part: WHEREAS [the same recitals as in No. XVIII. as far as the agreement to discharge stock from trusts]: AND WHEREAS the said W. Evans is desirous of acquiring the absolute beneficial interest in the said sum of 10,000l. 31. per cent. consolidated bank annuities, subject to the estate for life of the said E. Evans therein, who, as the protector of the settlement created by the said recited will, has agreed to consent to the assignment intended to be hereby made in manner hereinafter mentioned: NOW THIS INDENTURE WITNESSETH, that in order to defeat the estate tail of the said W. Evans, created or directed to be created in assigns stock, &c. the said stocks, funds and securities hereby assigned, or expressed and intended so to be, and all estates, rights, interests and powers to take effect after the determination or in defeazance of such estate tail, and to vest the absolute beneficial interest in the same stocks, funds and securities in the said W. Evans, subject to the life interest of the said E. Evans therein, and in consideration of the sum of 10s. of lawful money of Great Britain, paid by the said [trustee] to the said W. Evans, at or immediately before the execution of these presents, the receipt whereof is hereby acknowledged, he the said W. Evans, under and by virtue and in pursuance of the powers and provisions for that purpose given by or contained in an act of parliament made and passed in the fourth year of the reign of his late majesty King William the Fourth, intituled, "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," with the consent and approbation of the said E. Evans, testified by his being a party to and sealing and delivering these presents, doth by these presents assign, transfer and set over unto the said [trustee], his executors, administrators and assigns, All that the said sum of 10,000l. 37. per cent. consolidated bank annuities, now standing in the names of the said [trustees] in the books of the Governor and Company of the Bank of England as aforesaid, and the stocks, funds and securities in or upon which the same shall be laid out and invested, and the dividends and interest thereof to become due after the decease of the said E. Evans, and also all other the stocks, funds, trust monies and securities now vested in and standing in the names of the said [trustees], the produce of which, under the trusts of the said recited will of the said [testator], is subject, or in case these presents had not been made and executed, would have been subject to be laid out and invested in the purchase of lands to be settled as aforesaid; And all the right, title, interest, property, claim and demand whatsoever of the said W. Evans of, in, to, from or out of the said stocks, funds and securities hereby assigned, or expressed and intended so to be: TO HAVE, HOLD, RECEIVE, TAKE HABENDUM. AND ENJOY the stocks, funds, and all and singular other the premises To trustee in trust hereby assigned, or expressed and intended so to be, (subject to the to re-assign. estate or interest therein for life of the said E. Evans, but freed and absolutely discharged from the estate tail of the said W. Evans, and all estates, rights, interests and powers to take effect after the determination or in defeazance of such estate tail,) unto the said [trustee], his executors, administrators and assigns, in trust for the said W. Evans, his executors or administrators, and to the intent that he the said [trustee], his executors or administrators, do and shall forthwith, in and by an indenture already prepared and ingrossed, and intended to be indorsed on these presents, and to be made between the said [trustee] of the one part, and the said W. Evans of the other part, assign the said stocks, funds, securities and premises hereby assigned, or expressed and intended so to be, subject as aforesaid, unto the said W. Evans, his executors, administrators and assigns, for his and their own use and benefit, and upon and for no other trusts, intent or purpose whatsoever: AND the said W. Evans and E. Evans, according Declaration that to their respective interests in the premises, do hereby declare and funds shall be direct, that the stocks, funds, securities and trust monies hereby assigned, or expressed and intended so to be, shall from henceforth be and be deemed to be of the nature and quality of personal estate to and for all intents and purposes whatsoever, any rule of equity to the contrary notwithstanding, and that the same, or any part thereof, shall not be laid out by the said [trustees] in the purchase of lands and hereditaments, pursuant to the directions for that purpose contained in the said recited will of the said [testator]. IN WITNESS, &c. (b) (b) This deed must be inrolled in Chancery within six calendar months after its execution. (See ante, p. 386.) Money directed to be laid out in the purchase of lands is, for all the purposes for which it is so directed to be invested, impressed in equity with the qualities of real estate; it will descend to the heir, it will be real assets for payment of debts, and will pass by a devise of lands and hereditaments. It is, however, competent to the parties having absolute interests in such money, by a declaration of their intention, to take from the fund such qualities of real estate, and to make it transmissible as personalty. (Van v. Barnett, 19 Ves. 109.) considered as personal estate. No. XX. RE-ASSIGNMENT (to be indorsed on last Deed) for the Purpose of vesting the absolute Reversionary Interest in the Funds in the Tenant in Tail in Remainder. THIS INDENTURE, made the day of in the year of our Lord 18-, between the within-named [trustee] of the one part, and the within-named W. Evans of the other part: WITNESSETH, that Covenant by trustee that he had not incumbered. in pursuance of the trusts reposed in the said [trustee] by the withinwritten indenture, and in consideration of the sum of 10s. of lawful money of Great Britain to the said [trustee] paid by the said W. Evans, at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said [trustee] doth by these presents assign, transfer and set over, unto the said W. Evans, his executors, administrators and assigns, All that the withinmentioned sum of 10,000l. 31. per cent. consolidated bank annuities, and all other the stocks, funds, securities, dividends, interest and premises, in and by the within-written indenture assigned, or expressed and intended so to be: AND all the right, title, interest, property, possibility, claim and demand whatsoever, both at law and in equity, of him the said [trustee] of, in, to, or out of the same premises, and every part thereof, Together with all powers, remedies and means whatsoever, requisite or necessary for suing for, recovering, and giving effectual releases and discharges for the same stocks, funds, securities and premises, and every or any part thereof: To HAVE AND TO HOLD, RECEIVE, TAKE AND ENJOY all and singular the premises hereby assigned, or expressed and intended so to be, unto and by the said W. Evans, his executors, administrators and assigns, for his and their own use and benefit, as part of his and their personal estate and effects, subject nevertheless to the life interest of the within-named E. Evans in the same stocks, funds, securities and premises: AND the said [trustee] doth hereby for himself, his heirs, executors and administrators, covenant and declare with and to the said W. Evans, his executors, administrators and assigns, that he the said [trustee] hath not made, done, executed or permitted any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said stocks, funds, securities and premises hereby assigned, or expressed and intended so to be, or any part thereof, are, is, can, shall or may be charged, incumbered or in any manner prejudicially affected in title, interest or otherwise howsoever. IN WITNESS, &c. (c) (c) This deed will require a 35s. stamp, but not inrolment. Court of Chancery may make decree in absence of trustee, 656. See BEYOND SEAS. ABSTRACT OF TITLE, For sixty years may be required by purchaser, 204. ACCOUNT, Of rents, to what time carried back, 272. No time fixed for, against trustees of charity, ib. Of debts of deceased person may be ordered immediately after pro- ACCOUNTANT-GENERAL, When money in hands of, may be made available for payment of ACKNOWLEDGMENT IN WRITING, Of title, when to be equivalent to receipt of rent, &c., 194. What was and was not a sufficient, 195. Variance in language of statutes requiring, 195. Mortgagor's right of redemption to be preserved by, 230. Cases as to, respecting mortgages, 233, 234. Right to money charged on land, and legacies may be preserved by, 248. Right to arrears of rent or interest may be preserved by, 262. Under the 40th and 42nd sections of 3 & 4 Will. 4, c. 27..254, 256. In actions on specialties, 279. Provisions as to, extended to acknowledgments by agents, 312. Under Lord Tenterden's Act, what to be deemed sufficient to take Proviso as to joint contractors, ib. By representatives of one joint contractor, will not affect the sur- Indorsement of payments, ib. Construction of Lord Tenterden's Act, as to, 292. Part payment, 292. Must be signed by party to be charged, or his agent, 292, 312. Cases which have been held sufficient, 293, 294. Exempted from stamp duty, 295. |