first and other sons in tail

male.

For daughters of successive after-born sons in tail, with

cross remainders

in tail between them.

with such powers as are hereinafter mentioned, and without impeachment of waste (except such waste as aforesaid), and severally and successively in order and course as they respectively shall be in seniority of age and priority of birth; And from and after the determination of the estate hereby limited to each such after-born son respectively for the term of his life, To the use of the said A. B. and C. D., their heirs and assigns, during the natural life of the same son respectively, upon trust by the usual ways and means to preserve the contingent uses and estates hereinafter limited; And from and immediately after the decease of each such son respectively, To the use of the first, second, third, fourth, fifth, and all and every other son and sons of the same son, severally, successively, and in remainder, as the same grandsons respectively shall be in seniority of age and priority of birth; and the several and respective heirs male of the body and bodies of the same grandson and grandsons respectively lawfully issuing; every elder of the same grandsons respectively, and the heirs male of his body, to be always preferred and to take before every younger of the same grandsons, and the heirs male of his body issuing; and every elder of such my after-born sons, and his first and every other son and sons, and the heirs male of the body of the same grandson and grandsons lawfully issuing, to be preferred and to take before every younger of my after-born sons, and the first and other sons of the same younger son and sons, and the heirs male of the body and respective bodies of the first and other sons of such my younger son and sons; And &c.

LXIX. To the use of the daughter if only one, and if more than one, then all the daughters of each of my sons to be hereafter born in lawful wedlock, preferring the daughter or daughters of each son, as the same son shall be in seniority of age and priority of birth, and to be equally divided between or amongst the daughters if more than one of each son, share and share alike, as tenants in common and not as joint-tenants, and the heirs of the body or several and respective bodies of all and every such daughter and daughters lawfully issuing; the daughter and daughters every elder of such son and sons hereafter to be born,

of

and the heirs of her and their body, or several and respective bodies, always to be preferred to and to take before the daughter and daughters of every younger of such sons to be hereafter born, and the heirs of her and their body or respective bodies issuing; And on failure of the issue of any one or more of the daughters of each or either of my sons to be hereafter born, Then as to and concerning the original part or share of and in the said manor, messuages &c., which shall belong to the daughter or daughters of whose issue there shall be such failure under the limitations hereinbefore contained, and also as to the part and share, or several and respective parts and shares of and in the same manor &c. which shall belong to, or vest in, or be taken by the same daughter or daughters respectively, or her or their issue, under this present limitation of cross-remainders, To the use of the sister or sisters of the same daughter or daughters respectively, to be equally divided between or amongst the same sisters, if more than one, share and share alike, as tenants in common and not as joint-tenants, and the heirs of the body or several and respective bodies of such sister or sisters respectively issuing; And on failure of the issue of the daughters of my sons to be hereafter born, To the use &c.

182

TITLE VII.

Declaration of

OF TRUSTS.

I. I THE said A. B. [trustee] do hereby acknowledge and son purchasing declare (a) that the sum of £- within mentioned to be

trust by a per

(a) The following recital should be premised:

"Whereas the lands and hereditaments comprised in the within-written indenture were purchased by me at the request and on the part and behalf of C. D., [the cestui que trust], of &c."

To prevent the inconveniences arising from parol declarations of trusts, it was enacted by the Statute of Frauds, 29 Car. 2, c. 3, s. 7, that all declarations or creations of trusts, or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect. By the 8th section, however, it is provided, that where any conveyance shall be made of any lands or tenements, by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if that statute had not been made. With regard to these enactments, it will be observed―

1. That the words "lands, tenements, or hereditaments" clearly exclude trusts of personalty, which may be accordingly proved by parol.

2. The trust need not be raised by any writing; the statute is satisfied if it be manifested and proved by some writing; and no particular form of words is prescribed for that purpose.

3. The writing manifesting and proving the trust must be signed by the party legally qualified to declare it.

4. If the trust be manifested and proved by the party's will, such will must be, not nuncupative, but in writing, and executed with all the formalities requisite for passing lands, tenements, or hereditaments. Vide Vol. I. book iii. chap. vii.

5. The foregoing observations do not apply to resulting trusts, which are expressly exempted by the 8th section. Notwithstanding this ex

paid by me as the consideration of and for the purchase of 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 C. D., and that the name of me the said A. B. was made use of in the same indenture, in trust only for him the said C. D., his heirs and assigns, and upon and for no other trust, intent, or purpose whatsoever. And I the said A. B., for myself, my heirs, executors, and administrators, do by these presents wholly and utterly renounce and disclaim all and all manner of beneficial and other estate, right, title, interest, claim, and demand whatsoever, as well legal as equitable, into, upon, or respecting the 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 otherwise than in trust for the said C. D., his heirs and assigns. And I do hereby also grant and declare, that I, my heirs and assigns, and all and every person or 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, cost, and expense of the said C. D., his heirs or assigns, grant, release, convey, and assure the same 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 A. B., my heirs and assigns, in or to the same, unto

a freehold es

in his own name, to be indorsed chase-decd.

tate for another

on the pur

emption, where one buys an estate and takes the conveyance, not in his own name, but in that of a third person, without disclosing the nature of the transaction on the face of the deed, it is always desirable to indorse on the conveyance a declaration of trust, signed by the trustee, according to the form given in the text. Mr. Sanders, indeed, supposed, that, after the death of the nominal purchaser, parol evidence alone was insufficient to negative the express declaration of the deed; but this opinion is clearly not supported by the authorities. Vol. I. book iii. chap. i.; and see Sugd. Vend. & Pur. ii. 137.

Declaration that money advanced on mortgage, is

ney of a third

person.

and to the use of or for him the said C. D., 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 A. B., or my heirs, or any person or persons deriving title from or under me or them. And further, that in the meantime, and until such release, conveyance, and assurance shall be made and perfected, I the said A. B., 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 C. D., his heirs, appointees, and assigns for ever.

II. He the said A. B. doth hereby acknowledge and declare (a) that the said sum of £ which in or by the the proper mo- said in part recited indenture was expressed to have been paid by the said A. B. to the said C. D., as therein is mentioned, was and is the proper money of the said E. F., and that the name of him the said A. B., in the said indenture of demise, and in the bond or obligation of even date therewith, and therein referred to, was made use of, in trust only and to and for the sole use and benefit of the said E. F., his heirs, executors, administrators, and assigns, and to, for, or upon no other use, trust, intent, or purpose whatsoever. And the said A. B., for himself, his heirs, executors, and administrators, doth hereby covenant, promise, declare, and agree with and to the said E. F., his executors, administrators, and assigns, that he the said A. B., his heirs, executors, administrators, and assigns, shall and will from henceforth, and at all times hereafter, stand and be seised or possessed of or interested in the said mortgaged premises, and every

(a) Vide Art. I., note.