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such trusts, powers, and authorities, and for the time, Strict
trouble, and attendance of themselves respectively and '
their respective clerks and agents in any matter or thing in anywise relating to the execution of such trusts, powers, and authorities, they the said E. F. and G. H. having respectively undertaken the execution of such trusts, powers, and authorities at the instance and request of the said A. B. and C. B., and upon that express stipulation or agreement (A). In Witness &c.
(k) If a trustee who is a solicitor acts as a solicitor, he is not entitled, Trustee who is unless under a special direction, to charge for his lahour; he can charge a solicitor canmerely for his costs out of pocket; (New v. Jones, 9 Byth. Conv. by Jar- profCTrionafbu man, 338); and a direction that he shall be so entitled must be express; siness done for it will not be implied from general language respecting the payment of the trust estate; the costs of the trusts and of the trustees' expenses. Moore v. Frowd, 3 My. & C. 45. Hence the clause in the text, which seems, however, to —unless by exbe more elaborate than is necessary. The following proviso may be sub- Press direction. stituted
"Provided Always, and it is hereby agreed and declared between and by the parties to these presents, that the said E. F. and G. H., and each of them, £and any future trustee of these presents who shall be a solicitor or attorney], shall be entitled to be paid for all business done by them or him as a solicitor or attorney for or in respect of the trust estate, in the same manner in every respect as if they or he had not been trustees or a trustee of these presents."
INDEX TO THE NOTES.
for leases,—construction of, 4—10.
principles for framing, 9.
agreement that lease shall contain usual clauses and covenants,
power of, in marriage settlements, 320.
satisfaction of portions by, 518.
partition of, 240.
right of, cannot be taken away, except from a married woman,
but property may be so settled as to go over on voluntary alien-
and in certain cases on alienation by act of law, 268, 369.
of rent reserved on leases, in respect of time, 110.
of rent-charge on partition of the subject-lands, 223.
when very small, 251.
recent cases relating to, 161—163.
for marriage settlement, when used, 455.
form of, immaterial, 458.
restriction on, see Condition.
BANKRUPTCY. See Alienation.
bonds and covenants by husband to settle money on, 369, 381,
covenant in lease as to carrying on. See Trades, Nuisance.
usual trusts for, in marriage settlements of personalty, 318.
how land to be divided among, should be settled, 341, 560.
of a future marriage—how to be provided for in marriage set-
to be inserted in lease, should be specified in agreement for, 13.
proper in leases under powers, 16.
payment of rent, not a condition precedent to performance of
covenant for quiet enjoyment, 41.
whether broken by a bequest, 63.
general restriction on assignment does not include an assign-
for one assignment or underlease, 63.
statement of in voluntary settlement, 565.
by lease and release, improper on the exercise of powers in set-
settlement of, in strict settlement, 548.
aggregate, how far bound by a resolution not under seal, 96.
to be inserted in lease should be specified in agreement for, 13.
unusual in leases, 15.
See also Taxes.
See Trades, Nuisance.
insurance against and rebuilding in case
in leases to repair, effect of in case of fire, 104.
and yield up in repair, how to be framed