Deed Of Appointment Of New Trustees Deeds Trust 1697 - Legal Draft
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( Without Transfer of Property)
A of
..................hereinafter referred to as "the Continuing Trustee" of the
One Part, and (2) Mr. C of
..........
hereinafter
referred to as the 'New Trustee
of the Other Part: WHEREAS
1.
By a Deed of Trust (
or Settlement) made on the
..............
day of .... between Mr. X therein referred to as the Settlor of the One Part and the said Mr. A & Mr. B therein referred to as the Trustees of the Other Part and registered at the office of the Sub-Registrar at ...
...........
under serial No
.............o
f Book-1, the said Settlor, granted and conveyed unto the said Trustees the land and premises situate at and more particularly described in the First Schedule thereunder written To Have And To Hold the same unto the said Trustees to the use and upon the Trusts and with and subject to powers, provisions obligations and declarations therein contained.
2. By the said Deed, the Settlor also assigned to the said Trustees certain securities and investments described in the Second Schedule thereunder written To Hold the same upon the trusts and with powers provisions, obligations and declarations therein mentioned.
3. The said Deed, inter alia, provides as
follows:
"In case and so often as the Trustees hereby constituted or any of them or any future trustees or trustee of these presents be removed, or shall die, or go to reside abroad, or desire to retire or refuse or become incapable to act in the trusts hereof or is adjudged insolvent, then and in every such case it shall be lawful for the surviving or Continuing Trustees or Trustee for the time being of these presents (and for this purpose the retiring or refusing trustee shall, if willing to act in the exercise of this power be considered as a continuing Trustee) to appoint a New Trustee and upon every such appointment of the New Trustee, the Trust property shall be so transferred as to become vested in the New Trustee alongwith the Continuing trustee or Trustees and every such New Trustee as well as before as after the trust property shall have become vested in him shall have all the powers and authorities and subject to the obligations of the Trustees under these presents as if he was originally appointed by these presents."
4. One of the Trustees Mr. B
...........
has resigned as trustee of these
presents.
5. The Continuing Trustee under the power given to him by the Deed of Trust as hereinbefore recited has appointed the said Mr. C as New Trustee In place of the said Retiring Trustee and the New Trustee has accepted the appointment.
6. It is proposed to execute this Deed so as to record Mr. C's appointment.
NOW THIS DEED WITNESSSTH that in exercise of the power in that behalf and of every other powers therein enabling, the Continuing Trustee confirms the appointment of and hereby appoints the New Trustee to be the Trustee of the said deed of Trust in place of the said Retiring Trustee, who has resigned as such trustee, to act jointly with the Continuing Trustee in the said Trust as if he was originally appointed as a Trustee under the said Deed of Trust.
IN WITNESS WHEREOF the parties have put their hands the day and year first hereinabove written.
Signed by the Trustee A
Continuing Trustee A
in the presence of
Signed by the within
-
named
New Trustee C
In the presence of