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, hath assigned, transferred and set over, and by these presents doth assign, transfer and set over unto the said [trustee], his executors, administrators and assigns, All that the said sum of 10,000l. 31. 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 AND ENJOY HABENDUM. the stocks, funds, and all and singular other the premises hereby To trustee in assigned, or expressed and intended so to be, (subject to the estate assign. 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 Declaration and E. Evans, according to their respective interests in the premises, do hereby declare and direct, that the stocks, funds, secu- sidered as rities and trust monies hereby assigned, or expressed and intended personal esso to be, shall from henceforth be and be deemed to be of the nature tate. trust to re that funds shall be con 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. (a) (a) This deed must be inrolled in Chancery within six calendar months after its execution. (See ante, p. 374.) 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.) 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. day of THIS INDENTURE, made the 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 in pursuance of the trusts reposed in the said [trustee] by the within-written 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] hath assigned, transferred and set over, and by these presents doth 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, Covenant by 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 trustee that he had not incumbered. 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. (a) (a) This deed will require a 35s. stamp, but not inrolment. INDEX. ABATEMENT, A. Right of, by commoners, 46. By pulling down buildings upon common, ib. ABSENCE, Court of Chancery may make decree in absence of trustee, 628. ABSTRACT OF TITLE, For sixty years may be required by purchaser, 196. ACCOUNT, Of rents, to what time carried back, 263. No time fixed for, against trustees of charity, 264. ACCOUNTANT-GENERAL, When money in hands of, may be made available for payment ACCOUNTANTS. See CROWN Debts. ACKNOWLEDGMENT IN WRITING, Of title, when to be equivalent to receipt of rent, &c., 186. What was and was not a sufficient, ib. Variance in language of statutes requiring, 187. Mortgagor's right of redemption to be preserved by, 220. Cases as to, respecting mortgages, 223-225. Right to money charged on land, and legacies may be preserved Right to arrears of rent, or interest may be preserved by, 255. Master's report in suit not deemed sufficient, 249. Provisions as to, extended to acknowledgments by agents, 649. By representatives of one joint contractor, will not affect the Indorsement of payments, 282. Construction of Lord Tenterden's Act, 267. Part payment, ib. |