- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
Section 206.
The italics show how the abstract is to be framed and what documents are to be abstracted. After the commencement of this Act, the parts not in italics may be ignored.
Will of H. Jones, appointing Maria Jones and W. Jones executors and Settled Land Act trustees.
Devises, Blackacre.
To the use that Maria Jones may receive a yearly rentcharge of five hundred pounds for her life, and, subject thereto,
To the use of W. Jones for life with remainder,
To the use of X. and Y., for a term of one thousand years, and subject thereto,
To the use of the first and other sons of W. Jones in tail with remainders over.
Trusts of term of one thousand years declared for raising ten thousand pounds for portions for younger children of W. Jones, as he shall appoint, and in default equally.
Hotchpot Clause. Power to appoint new trustees.
Death of H. Jones
Will of H. Jones proved.
[Note.—After the execution of the Vesting Deed the will only takes effect in equity and can be withdrawn from the abstract when not required as a root of title.]
Conveyance by the executors to the, uses of the Will.
Appointment of R. and S. to be Settled Land Act trustees of the will in place of Maria, Jones and W. Jones who retire.
The Settled Land and Law of Property Acts, 1925, come into operation.
[NOTE.—The legal estate in fee simple will vest in W. Jones in fee simple, but he cannot deal with it till the vesting deed is executed.]
Deed by the Settled Land Act trustees declaring the fee simple is vested in W. Jones on the trusts of the Will and stating that they are the trustees of the settlement.
Appointment by W. Jones of five thousand pounds, part of the ten thousand pounds, to his daughter, Ann Jones.
Assignment by Ann Jones of her five thousand pounds, part of the ten thousand pounds raisable for portions, to trustees F. and G. on her marriage to J. Robinson.
Will of W. Jones, appointing T. Brooks his executor.
Death of W. Jones leaving three children, Frederick Jones, his eldest son, and E. Jones and Ann Robinson.
Disentail by Frederick Jones in trust for himself in fee simple.
Will of W. Jones proved by R. and S. in regard to the settled land.
Mortgage by E. Jones of his one-half of the ten thousand pounds to K.
Death of Maria Jones, jointress.
Release by F. and G. on payment to them of the five thousand pounds of Ann Robinson.
Release by E. Jones and K., his mortgagee, of the five thousand pounds raisable for E. Jones.
Assent by R. and S., as personal representatives to Frederick Jones in fee, without nominating Settled Land Act trustees.
[NOTE.—If the Assent had been made before the family charges had been cleared, the personal representatives would have nominated themselves as being the trustees of the settlement, and a discharge from them would have been required when the charges were cleared.]
Mortgage either by charge by way of legal mortgage or for a term of one thousand years by Frederick Jones to the Estate Trustees of the C. Assurance Society to secure five thousand pounds and interest.
Second mortgage either by charge by way of legal mortgage or for a term of two thousand years by Frederick Jones to D., to secure three thousand pounds and interest.
Third mortgage either by charge by way of legal mortgage or for a term of three thousand years by Frederick Jones to E., to secure two thousand pounds and interest.
Conveyance by Frederick Jones on his marriage (subject to above mortgages) to M. and N. upon trust for sale, the proceeds of sale being settled by a deed of even date.
Death of M.
Appointment of F. as trustee of the conveyance on trust for sale in the place of M., and jointly with N.
Conveyance by the then Estate Trustees of the C. Assurance Society, under their power of sale as first mortgagees, to John Williams in fee.
[NOTE.—The title being made under the power of sale of the Estate Trustees, the fee simple passes and not merely the mortgage term. They can if desired convey the fee in the names of M. and N. It is unnecessary to disclose the second and third mortgages or the conveyance on trust for sale. It would have been necessary to disclose them if title had been made by the trustees for sale, as the mortgages and the conveyance all dealt with legal estates. The right to vest the debt and mortgaged property in Estate Trustees by memorial enrolled under a Private Act is preserved.
No evidence of deaths, births, &c, is required. Probate of the will of H. Jones is conveyancing evidence of his death.]
John Williams leaves Great Britain and Northern Ireland is believed to be alive but cannot be found.
Private Act passed authorising the X. Company to acquire Blackacre under compulsory powers.
Statutory declaration as to facts known with reference to John Williams.
Deed Poll by X. Company (who by their agent also execute in the name of John Williams) under section seventy-seven of the Lands Clauses Consolidation Act, 1845, vesting the land in themselves.
[NOTE.—This is an example of an exercise of a power over a legal estate the operation of which is expressly preserved.]
Mortgage by James Smith of Greenacre to M. Coy., Lid. in fee to secure 1.000l. and interest.
Will of James Smith devising Greenacre to his ten children named therein in equal shares and appointing E. to be his executor.
Death of James Smith, leaving the ten children surviving.
Probate by E.
Assent by E. to the devise to the ten children.
Mortgage by one of the sons of his tenth share.
Conveyance by one of the daughters on her marriage of a tenth share to trustees on trust for sale, the net proceeds to be held on the trusts of her settlement of even date.
Settlement by another of the sons of his tenth share and appointing Settled Land Act trustees.
Will of another daughter devising her tenth to her husband and appointing him executor.
Death of the testatrix.
Probate by her husband.
Death of another son intestate.
Letters of administration granted to two of his brothers.
The Law of Property Act, 1925, comes into operation and vests Greenacre, subject only to the mortgage of 1910 affecting the entirety (which is converted into a mortgage for a term of three thousand years), in the Public Trustee, pending the appointment of new trustees, on trust for sale.
Order of the court (Chancery Division) made on the application of persons entitled to six tenths, appointing M. and N. to be trustees of the trust affecting Greenacre in place of the Public Trustee.
Conveyance on sale to Walter Robinson by M. and N., the M. Company, Limited, being paid off out of part of the purchase money, and joining to surrender the three thousand years term.
[NOTE.—The balance of the purchase money is available in the hands of the trustees to answer the claims of the mortgagee and other persons interested in undivided shares.]
Will of Walter Robinson devising and bequeathing Greenacre and his residuary real and personal estate to X. and Y. upon trust for his son John Robinson for life with remainder upon trust for his first and other sons successively according to seniority in tail male with remainder upon trust for the same sons in tail general with remainder upon trust for all the daughters of .John Robinson as tenants in common in tail with cross remainders in tail between them in equal shares. Appointment of X. and Y. to be executors and Settled Land Act trustees.
Death of testator.
Probate by X. and Y.
Assent by X. and Y. vesting the settled land in John Robinson upon the trusts of the will of Walter Robinson, and stating that they are the trustees of the settlement.
Will of John Robinson appointing his daughters Mary Robinson and Jane Robinson his executors.
Death of John Robinson without having had a son and leaving five daughters.
Probate by X. and Y. in regard to the settled land.
Assent by X. and Y. to the vesting of the settled land in themselves on trust for sale, the net proceeds to be held on the trusts of the will of Walter Robinson.
Conveyance on sale by X. and Y. of Greenacre to Frank Smithers in fee.
Equitable charge by Frank Smithers to James Montagu by way of indemnity and agreement to vest Greenacre in a trust corporation on trust for sale to raise the money when the amount is ascertained and for other purposes.
[NOTE.—A mere equitable charge not secured by deposit of documents can be overridden when the land is made subject to a trust for sale without joining the chargee.]
Lease by Frank Smithers of part of Greenacre to his wife for life at a rent.
[NOTE.—A lease for life is made to take effect as a demise for a term of ninety years determinable by notice after the death of the lessee by his representatives or by the lessor.]
Conveyance by Frank Smithers, of Greenacre, to a trust corporation on trust for sale subject to the lease. The net proceeds to be held on the trusts of a deed of even date, under which effect is given to the Agreement of 1931.
Settlement by John Wilson, being a deed declaring that Whiteacre is vested in himself in fee upon the trusts of a deed of even date.
Appointment of R. and S. to be trustees for the purposes of the Settled Land Act, 1925.
Provisions extending the powers conferred by the Settled Land Act, so far as they relate to dealings with land, and giving power for John Wilson during his life to appoint new trustees.
Trust Instrument.
Trusts declared for John Wilson for life, with remainder.
Upon trust that Elizabeth Wilson, if she survives him shall have a rentcharge of 200l. during the residue of her life, and subject thereto.
Upon trust for R. and S. for a term of five hundred years to raise five thousand pounds portions for younger children of John Wilson, with remainder.
Upon trust for Henry Wilson for life, with remainder.
Upon trust for H. and K. for a term of one thousand years to raise five thousand pounds portions for younger children of Henry Wilson, with remainder.
Upon trust for the first and other sons of Henry Wilson successively in tail, with further remainders over. Appointment of R. and S. to be Settled Land Act trustees. Extension of Settled Land Act powers by reference to the Vesting Deed of even date or otherwise. Power for tenant for life of full age to appoint new trustees.
Appointment of new trustee of the Trust Instrument and of the five hundred years' term.
Recites that S. is incapable of acting. Appointment by John Wilson of P. to be trustee of the term of five hundred years and for the purposes of the Trust Deed in the place of S. and jointly with R. Declaration (express or implied) vesting the equitable term of five hundred years in R. and P.
Deed stating that R. and P. are the trustees of the settlement. Memorandum of the deed endorsed on the Vesting Deed.
Will of John Wilson appointing Isaac James and Joseph James executors.
Death of John Wilson, leaving younger children and his widow.
Will of John Wilson proved by R. and P. in regard to the settled land.
Assignment by R. and P. to B. of term of five hundred years by way of mortgage for securing five thousand pounds and interest.
[NOTE.—As money has been raised on the term the mortgagee could call on the executors to create a legal term for securing it in priority to the settlement.]
Assent by R. and P., as personal representatives, to the vesting of the settled land in Henry Wilson in fee upon the trusts of the Trust Deed.
Statement that R. and P. are the trustees of the settlement. Power for Henry Wilson during his life to appoint new trustees.
The same provisions for extending powers conferred by the Settled Land Act as are contained in the Vesting Deed.
[NOTE.—These may be inserted either expressly, if short, or by reference to the former Vesting Deed, if long.]
Appointment of James Cook and Harry Cook to be trustees of the Trust Deed.
Deed stating that they are the trustees of the settlement. Endorsement of notice on the Vesting Deed.
Transfer of the mortgage for five thousand pounds by B. to C.
Death of Henry Wilson, leaving Thomas Wilson, his eldest son, and two younger children.
Letters of Administration to the settled land of Henry Wilson granted to James Cook and Harry Cook.
Disentail by Thomas Wilson.
Release by C. on payment off of his mortgage debt of five thousand pounds and surrender of the equitable term of five hundred years.
Death of Elizabeth Wilson.
[NOTE.—Though her jointure took effect in equity only she has power to create a term of years absolute for raising arrears of the jointure, and the estate owner would be bound to give legal effect to a mortgage of the term.]
Release by two younger children of Henry Wilson of their portions.
Demise by Thomas Wilson to L. and M. for an equitable term of eight hundred years, subject to cesser on payment of five thousand pounds and interest.
Demise by James Cook and Harry Cook to L. and M. for the term of eight hundred years, subject to cesser on redemption or charge by way of legal mortgage.
Assent by them to the vesting of the settled land, subject 4o the term or legal charge, in Thomas Wilson in fee, without nominating Settled Land Act trustees.
Conveyance by Thomas Wilson and L. and M. to R. Home in fee.
Will of James Wilcox devising Rich Farm and Middle Farm to the use of his elder son John Wilcox (an infant) for his life with remainders over for the issue of John Wilcox which failed with remainder to the use of his younger son Gilbert Wilcox (an infant) for his life with remainders over. Appointment of X. and Y. to be executors and Settled Land Act trustees.
Death of testator, leaving his two sons, giving dates of their births.
Probate by X. and Y.
Assent to the devise, John Wilcox being still an infant.
The Settled Land Act, 1925, and The Law of Property Act, 1925, come into force and vest the settled land in X. and Y. as Settled Land Act trustees by reason of John Wilcox being an infant.
Instrument declaring that the settled land is vested in X and Y.
Death of John Wilcox a bachelor and an infant.
Conveyance on sale of Rich Farm by X. and Y. to M. Curtis.
Conveyance by X. and Y. vesting Middle Farm in Gilbert Wilcox (who had attained full age) on the trusts of the will of James Wilcox with a statement that they are the trustees of the settlement.
Conveyance on sale of Middle Farm by Gilbert Wilcox to M. Curtis, X. and Y. joining to receive the purchase money.
Will of M. Curtis purporting to appoint his infant son John Curtis executor.
Death of M. Curtis.
Letters of administration with the will annexed granted to M. and N.
[NOTE.—Administration will either be granted to a trust Corporation or to not less than two individuals, if there are Settled Land Act trustees, it will, as. respects the settled land, be granted to them.]
Lease by Charles Robinson to Henry Chubb, of 10 to 16 (even numbers) John Street, in the city of X., for 99 years from date at a yearly rent of 5l. for each house.
First Mortgage (by subdemise) by Henry Chubb to A. for the residue of the term less 3 days for securing 3,000l. and interest. Declaration by Henry Chubb that he holds the head term in trust for A. subject to redemption.
Second Mortgage (by subdemise) to B. for the residue of the term less 2 days for securing 1,000l. and interest. Declaration by Henry Chubb that (subject to the First Mortgage) he holds the head term in trust for B. subject to redemption.
Third Mortgage (by subdemise) to C. for residue of term less 1 day for securing 500l. and interest.
Transfer of First Mortgage by A. to T. in trust for Henry Chubb, who pays off the First Mortgage debt.
The Law of Property Act, 1925, comes into operation.
[NOTE.—It extinguishes the first mortgage term, because Henry Chubb was not entitled to keep it alive to the prejudice of his mesne incumbrancers.]
Order of Court directing Henry Chubb to hand over the Lease, First Mortgage, and Transfer of that Mortgage to B.
Assignment on sale by B., under his power, to George Smith.
[NOTE.—This conveys the head term created by the Lease and extinguishes all the mortgage terms. The head term may, if desired, be conveyed in the name of Henry Chubb.]
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