No. CCCCLXXXV. Deed of Declaration of TRUST by a person purchasing, in his own name, a Freehold Estate for another: to be indorsed on the Purchase-deed (1). TRUST. Purchase (freeholds). chase. Acknowledge TO ALL TO WHOM THESE PRESENTS SHALL COME, I, the within named (trustee) send greeting. WHEREAS the lands and heredita- Recital of purments comprised in the within written indenture were purchased by me at the request and on the part and behalf of (the cestui que trust), of, &c. NOW KNOW YE, that I, the said (trustee), do hereby ment by the acknowledge and declare, that the sum of L within mentioned trustee that the to be paid by me as the consideration of and for the purchase of the money was the lands and hereditaments therein comprised, and so thereby conveyed to me and my heirs, as by the within written indenture is mentioned, was the proper money of the said (cestui que trust), and that the name of me the said (trustee) was made use of in the same indenture property of the cestui que trust. (1) It is essential that an instrument of this kind should be executed as soon as possible after the completion of the purchase; for if the consideration be expressed in the purchase-deed to be paid by the person in whose favour the conveyance is taken, and nothing appear in such conveyance to create a presumption that the purchase-money belonged to another, parol evidence cannot be admitted to prove a resulting trust, for that would be contrary to the statute of frauds, Kirk v. Webb, Prec. Ch. 84. Heron v. Heron, ib. 163; Newton v. Preston, ib. 103. But if the nominal purchaser in his life-time execute a declaration of, or confess the trust in writing, Degg v. Degg, 2 P. Wms. 414.; Ambrose v. Ambrose, 1 P. Wms. 322.; Ryal v. Ryal, 1 Atk. 59.; Crop v. Norton, 2 ib. 75.; or if it appear on the face of the conveyance, by recital or otherwise, that the purchase was made with the money of a third person, that will take it out of the statute. TRUST, Purchase Disclaimer of title. Trustee will convey on request. in trust only for him the said (cestui que trust), his heirs and as(freeholds). signs, and upon and for no other trust, intent, or purpose whatsoever. AND I, the said (trustee), for myself, my heirs, executors, and administrators, do by these presents wholly and utterly renounce and disclaim all and all manner of beneficial or other estate, right, title, interest, claim, and demand whatsoever, as well legal as equitable, in, to, upon, or respecting the messuages, lands, tenements, and hereditaments by the within written indenture granted and released, or otherwise assured unto me, my heirs and assigns, as therein is mentioned, except only and other than in trust for the said (cestui que trust), his heirs and assigns. AND I do hereby also grant and declare, that I, my heirs and assigns, and all and every person and persons at any time hereafter lawfully claiming or possessing any estate, right, title, or interest in, to, or concerning the said hereditaments and premises, or any of them, or any part thereof, from, through, or under me, or them, or any of them, shall and will from time to time, and at all or any times hereafter, at the request, costs, and expense of the said (cestui que trust), his heirs or assigns, grant, release, convey, and assure the same messuages, lands, tenements, and hereditaments, and every of them, with their and every of their appurtenances, and all such the said estate, right, title, and interest of me the said (trustee), my heirs or assigns, in or to the same, unto and to the use of or for him the said (cestui que trust), his heirs and assigns, for ever, or unto and to the use of or for such other person or persons, upon such trusts and for such ends, intents, and purposes as he or they shall, by any writing under his or their hand or respective hands, direct or appoint: And that free and clear, and absolutely and effectually discharged and exonerated of and from all liens, charges, and incumbrances whatsoever, made, occasioned, or knowingly suffered by me the said (trustee), or my heirs, or any person or persons deriving title from or under me or them. AND further, that in the mean time, and until such grant, release, conveyance, and assurance, shall be made and perfected, I, the said (trustee) and my heirs, and all and every such other person or persons as aforesaid, shall and will stand seised of and interested in all and every the said hereditaments and premises, in trust only, and for the sole use, behoof, and benefit of him the said (cestui que trust), his heirs, appointees, and assigns, for ever. IN WITNESS, &c. Free from intermediate incumbrances. And in the mean time will remain seised to the use of the purchaser. Stamp. See ante, "STAMP", Schedule. No. CCCCLXXXVI. Declaration of TRUST by a Person purchasing a Leasehold Estate for another in his own name: to be indorsed on the PurchaseDeed. TRUST. Purchase (leaseholds). year of, &c. and in the year of our Lord 18 , in the BETWEEN the Parties. WITNESS. That the consi deration money was the property of cestui que trust. within named (trustee) of the one part and (the cestui que trust) of, &c. of the other part. WHEREAS the messuage or tenement and Recital. premises comprised in the within written indenture, were purchased by the said (trustee) at the request and on the part and behalf of the said (cestui que trust). Now THIS INDENTURE WITNESSETH, that the said (trustee) doth hereby acknowledge and declare that the said sum of £ within mentioned to be paid by the said (trustee) as the consideration of or for the purchase of the messuage or tenement and premises in the within written indenture comprised, and so thereby assigned to him, his executors, administrators, and assigns, in the manner within mentioned, was the proper money of the said (cestui que trust), and that the name of the said (trustee) was made use of in the said indenture in trust only for him the said (cestui que trust), his executors, administrators, and assigns, and upon or for no other trust, intent, or purpose whatsoever. AND the said (trustee) Disclaimer of doth hereby for himself, his executors and administrators, wholly and utterly renounce and disclaim all and all manner of beneficial or other estate, right, title, interest, term and terms for years, claim, and demand whatsoever, as well legal as equitable, in, to, upon, or re title. (1) There being contained in this deed a covenant on the part of the cestui que trust to indemnify the trustee against the covenants entered into by him for the payment of rent, and performance of the covenants contained in the lease, it is proper that it should be made by indenture and not by deed-poll. Indenture, the proper form of declaration of trust on pur chase of leaseholds by trustee. TRUST. Purchase (leaseholds). sign on request. specting the same within mentioned messuage or tenement and premises so assigned or otherwise assured to the said (trustee), his executors, administrators and assigns, as therein is mentioned, otherwise than and in trust only for the said (cestui que trust), his execu Covenant to as- tors, administrators, and assigns. AND he the said (trustee), for himself, his heirs, executors, and administrators, doth hereby covenant, declare, and agree with and to the said (cestui que trust), his executors, administrators, and assigns, that he the said (trustee), his executors and administrators, shall and will from time to time and at all or any times or time hereafter, at the request, costs, and expense of the said (cestui que trust), his executors, administrators, or assigns, grant, assign, and effectually assure the same messuage, or tenement and premises, and every of them, with their and every of their appurtenances, and all the estate, right, title, and interest of him the said (trustee), his executors, administrators, and assigns, therein, and pay and apply and dispose of the rents, issues, and profits thereof, as and when they shall become payable and be paid, unto and for the said (cestui que trust), his executors, administrators, and assigns, or unto or for such other person or persons, upon such trusts, and for such ends, intents, and purposes, as he or they shall, by any writing under his or their hand or respective hands, direct and apFree from inter- point; and that free and clear of and from all liens, charges, and incumbrances whatsoever, made, created, or knowingly suffered by him the said (trustee), his executors or administrators, or any person or persons claiming, or having title to claim, under him, them, or any or either of them. AND that in the mean time, and until such grant, assignment and assurance, shall be made and perfected, the said (trustee), his executors, administrators and assigns, shall and will stand and be possessed of and interested in all and singular the said premises, and the rents, issues, and profits thereof, in trust only, and for the said (cestui que trust), his executors, administrators, and assigns, according to the true intent and meaning of these presents. Cestui que trust AND in consideration of the premises, the said (cestui que trust) for himself, his heirs, executors, administrators and assigns, doth hereby covenant (1), promise, and agree with and to the said (trustee), his executors and administrators, that he the said (cestui que trust), his executors, administrators and assigns, shall and will from time to mediate incum brances. And in the mean time hold in trust for cestui que trust. covenants to indemnify the trustee against rent and covenants. Attested copy to (1) In order that the trustee may avail himself of this covenant, it will be given to the be proper that he should have an attested copy of the deed. trustee. time, and at all times hereafter, well and sufficiently save, defend, protect, keep harmless and indemnified, the said (trustee), his executors and administrators, from and against all costs, charges, payments, and expenses whatsoever, which he or they, or any or either of them, shall or may sustain, be put or be liable unto, by reason or means of any default, neglect, or delay of or by him the said (cestui que trust), his executors, administrators, or assigns, in payment of the yearly rent, in or by the said within written indenture reserved, as and when the same shall from time to time become due, or by reason or means of his or their not observing or performing all or any of the covenants, provisocs, or agreements in the same indenture contained, which by or on the part of him or them are or is required to be observed or performed respectively. IN WITNESS, &c. TRUST. Purchase (leaseholds). See ante, "STAMP," Schedule. Stamp. |