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testified, &c., will bargain, sell, assign," surrender, and yield up unto the purchaser, (or the releasee to uses,) his heirs and assigns, all, &c., and all the estate, &c.; to hold the same unto the said, &c., his heirs and assigns, to and for the end, intent, and purpose, that the said term of, &c., for the residue thereof, may be merged and extinguished in the freehold reversion and inheritance of the said premises, or otherwise cease, determine, or become void, to all intents and purposes whatsoever. [Add a covenant from the trustee, that he hath done no act to incumber.] In witness, &c.

u The word assign is used to provide against any intervening estate between the term and inheritance preventing merger, in which case the term would be vested in the purchaser or owner of the fee as the assignee thereof.

CHAPTER XXII.

DECLARATIONS OF TRUST.

DECLARATION OF TRUST BY A PERSON IN WHOSE

NAME AN ESTATE WAS PURCHASED.

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This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. [Recite the conveyance, assignment, or surrender.] And whereas the said sum of L.

the consideration in the said last recited indenture mentioned to have been paid by the said A. B. as aforesaid, was not paid by the said A. B. out of his own money, but was in fact the proper money and estate of the said C. D., as he, the said A. B., doth hereby acknowledge, and the name of the said A. B. was therein inserted as a trustee for the said C. D. And whereas the said A. B. hath accordingly, at the request of the said C. D., consented to inake and execute such declaration of trust as to the hereditaments and premises comprised in and conveyed by the said recited indenture as hereinafter contained. Now, this indenture witnesseth, that, in pursuance of the said recited agreement, and in consideration of the premises, he, the said A. B., doth hereby acknowledge, testify, and declare, that the said sum of L.

so expressed to have been paid by him, the said A. B., to the said, &c., as the consideration for the purchase of the said

hereditaments and premises, mentioned and comprised in the said recited indenture of, &c., as aforesaid, was not the proper money and estate of the said A. B., but such sum was the proper money and estate of the said C. D.; and also that he, the said A. B., his heirs and assigns, shall and will stand seised' of the said hereditaments mentioned and comprised in the said recited indenture of, &c., and of their and every of their rights, members, and appurtenances, upon trust for the said C. D., his heirs and assigns, and to be conveyed and disposed of from time to time as the said C. D., his heirs or assigns, shall direct and appoint." In witness, &c.

DECLARATION OF TRUST BY MORTGAGEE WHERE THE MORTGAGE WAS MADE TO ONE, BUT THE MONEY ADVANCED BY SEVERAL PERSONS.

This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., and E. F., of, &c., of the other part. (Recite the mortgage.) And

' If copyhold, say,

“ and that he, the said, &c., shall and will stand seised (and possessed) of the said copyhold hereditaments and premises, mentioned and comprised in, &c., (according to the nature and quality thereof, and the custom of the said manor,) with their, and every of their appurtenances, upon trust for the said C. D., his, &c., and to be surrendered, conveyed, and assured, as,” &c., (as above.)

If leasehold, say, “and that he, the said, &c., his executors, administrators, and assigns, shall and will stand possessed of the said

and premises mentioned and comprised in, &c., and of their, &c., for and during, &c., upon trust for the said C. D., his executors, administrators, and assigns, and to be assigned and disposed of as he, the said C. D., his executors, administrators, and assigns, shall direct and appoint."

A covenant is sometimes added, on the part of the trustee, to convey on request of the owner; but the above words are sufficient to entitle the party to a decree for a conveyance in a court of equity.

Operative part.

whereas, although by the said recited indenture of
mortgage, the whole of the said sum of L.
therein mentioned to have been advanced and paid
by the said A. B., would appear to have been his
own proper money, yet in fact the sum of L.
part thereof, was the proper money of the said C. D.;
and L.

further part thereof, was the proper money of the said E. F.; and L. the remaining part thereof, only was the proper money of him, the said A. B. And whereas the said A. B. hath, at the request of the said C. D. and E. F., agreed to execute such declaration of trust as to the said principal and interest moneys as is hereinafter contained : Now, therefore, this indenture witnesseth, that he, the said A. B., doth hereby acknowledge, testify, and declare, that the sum of L. , part of the said sum of L. so advanced on the security of the said hereditaments and premises mentioned and comprised in the said recited indenture of, &c., was not the proper money of the said A. B., but the same was and is the proper moneys and estate of the said C. D.; and that the sum of L.

further part of the said sum of L.

was and is, &c., of the said E. F.; and that he, the said A. B., his executors, administrators, and assigns, shall and will stand possessed of the said mortgaged hereditaments and premises, with their and every of their rights, members, and appurtenances, in trust, as well for securing the payment of the said sum of L. and interest to the said C. D., his executors, administrators, and assigns, and of the said sum of L.

to the said E. F., his executors, administrators, and assigns; as also for securing the said sum of L. and interest to him, the said A. B., his executors, administrators, and assigns; and that he, the said A. B., his executors, administrators, and assigns, shall not nor will assign or otherwise make void the said mortgage, or release the moneys thereby secured, without the consent in writing of them, the said C. D. and E. F., their executors, administrators, or assigns, or until they shall

be fully paid and satisfied the said several sums and
interest, part of the said mortgage-money, so belong-
ing to them, the said C. D. and E. F.as aforesaid, but
that he, the said A.B., his heirs, executors, administra-
tors, and assigns, shall and will stand possessed of, and
interested in, the said two several sums of L. and
L. , part of the said principal sum of L.
and all interest thereon respectively, and the benefit
of the said securities for the same, upon trust for the
said C. D. and E. F. respectively, and their several
and respective executors, administrators, or assigns,
according to their several interests therein. In wit-
ness,* &c.

DECLARATION OF TRUST BY TRUSTEES OF A SETTLE

MENT AS TO MONEY ADVANCED BY THEM ON MORT-
GAGE.

so ad

To all to whom, &c., A. B., of, &c., and C. D., of, &c., (trustees,) send greeting : Whereas, &c. [Recite Recital. the settlement, deed of trust, or will, and the mortgage.] And whereas the said sum of L. vanced by the said (trustees) to the said (mortgagor) was not the proper money of the said (trustees,) but was part of the trust-moneys which have come to their hands under and by virtue of the said recited indenture of settlement: Now know ye, and these Operative presents witness, that they, the said (trustees,) do part. hereby acknowledge, testify, and declare, that the said sum of L.

so advanced by them to the said (mortgagor) as aforesaid, on security of the hereditaments and premises mentioned and comprised in the said recited indenture of appointment and release, of even date herewith, was not the proper money and estate of the said (trustees,) but the same Was and is part of the trust-moneys come to their

* This form may, with a few obvious alterations, be made applicable to the different cases which may occur.

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