CHAP. XV.

Mode of charging an annual payment by deed.

ments, by way of maintenance for the ensuing quarter (which might make a difference), but payable at the end of each quarter, in order to discharge the expenses incurred in the three preceding months, it was therefore judged proper that it should be apportioned.

Where rent is reserved upon a lease, which binds a reversioner or remainder-man, as leases under a power do, the executors or administrators of tenant for life are not entitled to a proportion of the rent from the last day of payment, because the lease has continuance after his death, and the statute extends only to cases where the lease determines by the death of the tenant for life; but the devisee, or heir-at-law, of a person seised in fee, is entitled to the whole rent accruing from the preceding day of payment. All arrears, however, actually become due to the testator or intestate in his life-time, and make part of his personal estate.

For the same reason, the executors or administrators of rectors, vicars, masters of hospitals, and other spiritual persons, are entitled to a proportion of the rents reserved for lands let on leases or by agreements, which determine by their deaths, resignation, &c., but not for lands let on leases, for three lives, or twenty-one years, as these have continuance and bind the successors, and reserved rents for those which become due in the life-time of the rector, &c., though not received till after his death, belong to his executors or administrators.

Where lands, subject to a rent-charge, or other annual incumbrance, are sold in lots, under a stipulation that the whole of the charge shall be borne by the purcaser of a particular lot, or that it shall be distributed among the purchasers in certain proportions, it is usual for the purchasers to protect themselves, by means of a

deed of indemnity. The mode of effecting this object, _CHAP. XV. as will be seen by reference to the old collections of conveyancing precedents, was by simply reserving a power of distress for the sums which a purchaser, so exempted, should be called upon to pay, and for all expenses incurred thereby; but, at the present day, the practice is to limit a rent-charge out of the lands to be exclusively charged, equal in amount, at least, to the original charge, with powers of entry and distress, and for perception of rents, in case of non-payment. The following will exhibit the form in which a rent-charge, or other annual payment, is usually charged on lands.

and intention

AND WHEREAS the said [grantor] hath lately contracted Recital of confor the sale of the said messuages or manor-house, and here- tract for sale, ditaments hereinafter described, together with the heredi- to charge the hereditaments taments charged with the payment of the said yearly rent or sold, exclusum of £; and it is intended by the said [grantor], sively with the that the said messuages, &c., hereinafter described, shall be annual charge. exclusively charged with the payment of the said yearly rent

or sum of £

AND upon the treaty for the sale of the said messuages, &c., hereinafter described, the said [grantor] did stipulate with the purchaser thereof, that such purchaser and his heirs should exclusively pay the said yearly rent or sum of £.

NOW THIS INDENTURE WITNESSETH, that to the intent Witnessing that all and singular the hereditaments charged with and part, grant of rent of £subject to the payment of the said yearly rent or sum of £, (except the hereditaments hereinafter described, and hereby charged therewith,) and also that the said [grantor,] his heirs and assigns, and the purchaser and respective purchasers of all or any part of the said hereditaments, (except as aforesaid, and his heir and their heirs and assigns, may be henceforth exonerated and indemnified from the said yearly rent or sum of £ so payable to

CHAP. XV.

Habendum.

Declaration of

trusts.

the vicar and churchwardens, for the time being, of the parish church of, &c. aforesaid, AND in consideration of 58. to the said [grantor,] in hand, paid by the said [grantee] at or before, &c., the receipt, &c. He the said [grantor] HATH given, granted and confirmed, and, by these presents, DOTH, &c., unto the said [grantee,] his heirs and assigns. for ever, one annuity, or clear yearly rent or annual sum of £—, of lawful money current in England, to be yearly issuing, payable, received, and taken by the said [grantee,] his heirs and assigns, out of and from, and to be charged and chargeable upon ALL, &c. [parcels and general words.]

TO HAVE, hold, receive, perceive and enjoy the said annuity, clear yearly rent or annual sum of £- and every part thereof, unto the said [grantee,] his heirs and assigns, for ever, the same to be payable and paid at or in, &c., in the said county of, &c., by two equal half-yearly payments, between the hours of, &c., of the several days following, (that is to say,) the- day of and the

day of in every year, free from taxes, and without any other deduction whatsoever, the first payment of the said annuity, or yearly rent, to be made on the

day of
entry.]

next ensuing, [add power of distress and

AND it is hereby agreed and declared, between and by the said parties hereto, that he the said [grantee,] his heirs and assigns, shall and do stand seised of and interested in the same rent-charge herein before granted, and every part thereof, with the remedies herein before reserved for the recovery thereof,

IN TRUST thereby, and therewith, to save harmless and keep indemnified, the said [grantor,] his heirs, appointees and assignees, and the lands and other hereditaments, charged by virtue of the said recited will or otherwise, with the payment of the said yearly rent or sum of £—, payable to the vicar and churchwardens, for the time being, of the parish church of, &c. aforesaid, by virtue of the same will, (except the said messuage, &c. hereinbefore described,

and hereby charged with the payment of the said yearly rent or sum of £, hereby respectively granted, as aforesaid), and the owner or respective owners for the time being, of all or any of the said lands or other hereditaments, except as aforesaid, of and from the payment of the said yearly rent or sum of £—, by the said recited will, made payable to the said vicar and churchwardens of the parish church of &c., for the time being, and for that purpose in case default shall, at any time or times hereafter, be made in payment of the said yearly rent or sum of £30, made payable by virtue of the said recited will as aforesaid, or any part thereof, at or on the days by the same will appointed for payment thereof, then, and so often as the same shall happen,

UPON TRUST, that the said [grantee], his heirs or assigns shall and do, immediately after such default being made, recover and receive the said yearly rent or sum of £hereby granted as aforesaid, and shall and do pay the same yearly rent or snm of £——, and the arrears thereof, or so much thereof as shall be sufficient for that purpose, unto the vicar and churchwardens of &c., aforesaid, in or towards payment and satisfaction of the said yearly rent or sum of £, by the said recited will made payable to the said vicar and churchwardens of the said parish-church of &c., for the time being as aforesaid, or so much thereof as shall be then due and owing, or in arrear, And subject and without prejudice to the payment of the said yearly rent or sum of £, by the said will made payable as aforesaid,

UPON TRUST, that the said [grantee], his heirs and assigns, shall and do stand seised of and interested in the said yearly rent or sum of £30, hereby granted, or so much thereof as shall not from time to time be applied for the purposes aforesaid,

IN TRUST, for the person or persons for the time being entitled to the said messuage &c. herein before described, and hereby charged with the payment of the said yearly rent or sum granted as aforesaid, his, her or their heirs, executors, administrators or assigns.

CHAP. XV.

CHAP. XVI.

APPOINTMENT OF NEW TRUSTEES.

Of the appoint- In all properly drawn deeds, by which trusts are ment of new trustees of free- created, there is a power for the appointment of new hold property. trustees, in case "the trustees, or any of them, should

Of appointment

of new trustees

"die, or be desirous to be discharged, or depart beyond "the seas, or refuse or become incapable to act," before the trusts have been all fulfilled, or become unnecessary or incapable of taking effect. When, therefore, in any of these events, it becomes necessary to fill up the original number, under a power such as stated above, the usual mode in the case of freehold property is, for the person in whom the power of appointment is vested, to nominate by deed the new trustees, and then for all the continuing or surviving trustees, or the heirs of the survivor, to make a conveyance by lease and release, "to the new trustees and their heirs, to the use of the "old and new trustees and their heirs."

This mode, however, is obviously not applicable to of leasehold &c. the case of leasehold, terms of years, or other personal estate, inasmuch, as they are not within the Statute of Uses, and therefore as to this kind of property, another mode of proceeding is necessary. In this case, the way is for all the continuing or surviving trustees to convey