Id. Another form.

CO

afterwards be answerable or accountable for p DO any loss, misapplication, or non-application of such purchase-money, or any part thereof. th (526.) And in the indenture now in re(Short form) cital is contained a power authorizing and enabling the said A. B. and C. D., and the survivor of them, and the executors and administrators of such survivor, in the manner therein mentioned, to make sale, partition, or exchange of all or any part of the said messuages, lands, and other hereditaments therein comprised.

Death of one of two trustees, where

upon powers became vest

ed in the other.

Non-exer

eise of power.

Desire to exercise power.

(527.) And whereas the said A. B. departed this life on or about &c., and there

upon the powers of disposition and conveyance, and of revocation and new appointment, by the said herein before recited indenture of release and settlement limited to the said A. B. and C. D. jointly, as hereinbefore is mentioned, became, and the same now are vested in, the said C. D. by survivorship.

(528.) And whereas the said recited power of revocation and new appointment hath not been exercised.

(529.) And whereas the said A. B. and C. his wife are desirous of exercising the

power of revocation and new appointment contained in the said recited indenture, for the purpose of performing their said recited contract or agreement with the said D. D.

execute

power in fa

(530.) And whereas the said A. B. is de- Desire to sirous of executing the said power of ap-vour of parpointment so given by the said hereinbefore ticular perin part recited indenture of settlement in favour of the said C. D.

son.

PRESENTATION.

sentation to

(531.) Whereas the above-named A. B., Deed of preby a deed-poll, under his hand and seal, vicarage. bearing even date with the above-written bond or obligation, hath presented the said C. D. to the vicarage and parish church of A., in the county of B.

PROBATE.

nunciation

pronouncing

(532.) And whereas the said A. B. on the Proxy of re&c., duly made and executed a proxy of re- Ast of court nunciation; and thereby renounced and re- discharge. fused the probate and execution of the said

Renunciation of pro

will, and an act of the said Prerogative an Court hath been pronounced for the dis pr charging of the said A. B. of and from the said trusts.

the

(533.) And whereas the said C. D. hath, in the bate, desire due form of law, renounced the probate of ha

to disclaim

trusts, and release le

gacy.

Probate of

will.

Probate of will and codicil.

the said will of the said A. B., and hath not an
in any respect acted in the trusts thereby
reposed in him, and is now desirous of disco
claiming the same, and executing a release ab
of the legacy of £-, bequeathed to him by in
the said will for his trouble in the execution
of the said trusts.

(534) And whereas the said A. B. departed this life on or about the &c., without having altered or revoked his said will, and the same was, on or about the &c., duly proved by the said C. D. and E. F., [or, by the said executors] in the Court of[or, in the proper Ecclesiastical Court.]

(535.) And whereas, the said A. B. departed this life on about the &c., without having altered or revoked his said will, save by his said codicil, and without having altered or revoked his codicil; and the said will, with the codicil annexed, was, on or about the &c., duly proved by the said C. D.

E

two of the executors only.

(536.) And the said will was, on or about Probate by he &c., duly proved in the Court of―, by he said C. D. and E. F. only, the said A. B. having renounced the probate of such will, and refused to act in the execution thereof. (537.) And whereas the said will, with the codicil annexed, of the said A. B. was, on or court, and about the &c., duly proved by the said C. D., Chancery. in the Court of -,

and also per testes in the High Court of Chancery, in a cause wherein the said C. D. was plaintiff, and E. F. and others, defendants.

Probate of

will in Ecclesiastical

testes in

claring will

proved, or

execut

recting account.

(538.) And whereas by a decree of his Ma- Decree dejesty's High Court of Chancery, bearing to be well date on about the &c., made in a cause dering trusts wherein the said A. B., a minor, and others ed, and diwere plaintiffs, and C. D. and others were defendants, the said will of the said E. F., deceased, was declared to be well proved; and it was thereby ordered, that the same should be established, and that the trusts thereof should be carried into execution; and that it should be referred to G. H., one of the masters of the said Court, to take an

Id. Another form.

Id. Another form.

account of the personal estate of the said testator, and of his debts, funeral expences, and legacies, and that the said master should inquire what freehold and copyhold estates the said testator was seised of at the time of making his will, or at his death.

(539.) And whereas by a decree made by the High Court of Chancery on the &c., in a certain cause wherein His Majesty's then Attorney-General, on the relations of A. B. was informant, and E. F. and others were defendants, the said will was declared to be well proved, and the trusts thereof were agreed to be performed, and carried into execution.

(540.) And by a decree of His Majesty's High Court of Chancery, made and pronounced in a cause wherein the said A. B. was plaintiff, and the said C. D. and others were defendants, the said will and codicil were declared to be well proved, and the trusts thereof were directed to be carried into execution.

PRODUCTION. See Deed.