Disclaimers.

XCIX.

DISCLAIMER of Trusteeship by one Trustee. TO ALL TO WHOM THESE PRESENTS SHALL COME. A. B., of &c., sendeth greeting. WHEREAS C. D. of now deceased, ing trustee. duly executed his last will, dated

Recital of will appoint

death.

That trustee has not accepted the trusts.

and

thereby purported to devise and bequeath real and personal estate to the said A. B. jointly with other persons, upon certain trusts by the said Of testator's will declared; AND WHEREAS the said C. D. died on the day of without having revoked or altered his said will; AND WHEREAS the said A. B. has not accepted, or consented to accept, any of the devises or bequests purported to be made to him as aforesaid, and has in no manner interfered or intermeddled with the real or personal estate of the said C. D., Now THESE PRESENTS WITNESS, that he the said A. B. doth Disclaimer. hereby disclaim ALL the real and personal estate and effects devised or bequeathed by the said will, and all devises, bequests, legacies, and benefits made or given to him by the said will,

Witnesseth.

and the office of trustee of the said will, and all powers, rights, and privileges under the same. IN WITNESS &c.

C.

DISCLAIMER of Trusteeship, Executorship, and
Guardianship by two.

TO ALL TO WHOM THESE PRESENTS
SHALL COME. A. B., of &c., and C. D., of
&c., send greeting. WHEREAS E. F., late of
-, deceased, by the effect of his last will,
dated
and a codicil thereto dated
constituted and appointed the said A. B. and
C. D. and his the said testator's son, G. F.,
trustees and executors of his said will and
codicil, and (together with his the said testator's
wife during her widowhood), guardians of his
infant children; AND WHEREAS the said will
and codicil have not yet been proved, and
neither the said A. B. nor the said C. D. has in
anywise administered, or intermeddled with, the
real or personal estate of the said testator, or
acted or interfered in the execution of the said
will and codicil, or of the trusts or powers
thereof, or as guardians of any of the children.
of the said testator, and the said A. B. and
C. D. decline to administer to, or intermeddle

Recital of and codicil.

effect of will

That disclaiming trustees termeddled

have not in

with the

testator's decline to

estate; and

act as executors.

Disclaimer.

with, the real or personal estate of the said testator, or to act or interfere in the execution of the said will and codicil, or the trusts or powers thereof, or as guardians of the said children; Witnesseth. NOW THESE PRESENTS WITNESS, that they the said A. B. and C. D. do and each of them doth hereby disclaim and renounce ALL the real and personal estate, whatsoever and wheresoever given, devised, or bequeathed by the said will and codicil (including particularly all estates vested in the said testator on any trusts or by way of mortgage). AND ALL gifts, devises, bequests, powers, and authorities, by the said will and codicil, or either of them, given, made, or conferred, or intended so to be; AND the offices of trustees and executors of the said will and codicil, and guardians of the said infant children of the said E. F. AND ALL estates, trusts, powers, authorities, rights, and privileges whatsoever under the said will and codicil, or either of them. IN WITNESS &c. (a).

(a) The trustees should regularly renounce probate of the will in the form required by the Probate Court.

Appointments of Trustees.

CI.

APPOINTMENT of NEW TRUSTEES of a MAR-
RIAGE SETTLEMENT (to be indorsed on the

Settlement).

THIS INDENTURE, made &c., BETWEEN the Parties. within-named A. B. and C. B., his wife (formerly the within-named C. D., spinster) [husband and wife, donees of the power], of the first part, the within-named G. H. [retiring trustee], of the second part, and I. K., of &c., and L. M., of &c. [new trustees], of the third part. WHEREAS the within-named E. F. is dead, and the said G. H. desires to be discharged from the trusts of the within-written indenture. NoW THIS INDENTURE WITNESSETH, that they, the said A. B. and Witnesseth.

of the death

of one trus

tee, and of

another de

siring to be

discharged.

Appoint

purpose 23 & 24 ment of new give to

C. B., in exercise of the power for this
by the joint operation of the Act of
Vict., c. 145, intituled "An Act to
Trustees, Mortgagees, and others, certain Powers
now commonly inserted in Settlements, Mort-
gages, and Wills," and of the within-written in-
denture, to them given during their joint lives,

trustees.

do hereby appoint the said I. K. and L. M. respectively to be trustees of the within-written indenture in the place of the said E. F. and Declaration G. H. respectively. AND IT IS HEREBY DECLARED,

of trust.

that the said I. K. and L. M., their executors,
administrators, and assigns, shall hold the with-
in-mentioned sum of £— — 1. per Cent.
Bank Annuities, which is intended to be trans-
ferred into their names immediately after the
execution of these presents, and the annual
income thereof, UPON the trusts, and subject to
the powers, upon and subject to which the same
ought to be held by virtue of the within-written
indenture (a). IN WITNESS &c.

(a) It will of course be understood, that if there have been any dealings with the trust property since the date of the settlement, they should be stated in detail or generally, so as to show the funds now subject to the settlement. See next Precedent.