Last Will and Testament of Dr John Forrest (1824) Ref SC67/36/7 Stirling Sheriff Court
......... Inv'y of the pers'l Estate of John Forrest At Stirling the Twenty Seventh day of October Eighteen hundred and twenty four years. In presence ?? ???? Compeared Henry Abercromby Writer in Stirling and produced & & whereof the terms follow ????. Inventory of the personal Estate of Dr John Forrest Physician in Stirling who died upon the twenty fifth day of October Eighteen hundred and twenty two with Interest due on principal Sums at that date.
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At Stirling the twenty sixth day of October Eighteen hundred and twenty four years. In presence of Andrew Hutton Commissary Clerk of Stirling Commissioner approved by John Fraser Esquire advocate Commissary Depute of the said Commissioned Compeared Mrs Elizabeth Glas or Forrest, widow of the deceased Dr John Forrest Physician in Stirling, who being solemnly sworn and examined Depones that the said Dr John Forrest died upon the twenty fifth day of October Eighteen hundred and twenty two, and the Desponent has entered upon the possession and management of his personal Estate as Executive nominated by him in a Disposition and Settlement bearing date the twenty seventh day of March Eighteen Hundred and be recorded in the Town Court Books of Stirling the thirty first day of October Eighteen hundred and twenty two for behalf of herself as liferenter and the other persons therein named ????, An Extract of which Deed of Settlement is now Exhibited and signed by the Deponent and the said Commissioner as relative hereto that the Deponent does not know of any settlement or writing left by the deceased’s relative to the disposal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
disposal of his personal Estate and Effects or any part of them other than that now exhibited and Codicil thereto dated the third day of April Eighteen hundred and twenty and recorded in the Town Court Books of Stirling the thirty first day of October Eighteen hundred and twenty two an extract whereof is now exhibited and signed by the Deponent and Commissioner as relative hereto that the foregoing Inventory each page of which is signed by the Deponent and Commissioner as relative hereto is a full and complete Inventory of the personal estate and effects of the said deceased Dr John Forrest wheresoever situated and belonging or due to him beneficially at the time of his death and that the value of the said Estate situated in Scotland is of the value of two thousand pounds Stg and under the value of three thousand pounds Stg all which is both as the Deponent shall answer to God (signed) Elisabeth Forrest Andrew Hutton Commr | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Follows the Regd Disposition and Deed of Settlement) At Stirling the thirty first day of October Eighteen hundred and twenty two years. In presence of Daniel Wingale Esquire one of the present Bailies of the Burgh of Stirling Compeared Mr Robert Scones Notary as procurator for Dr John Forrest after designed and produced and gave in the Disposition and Deed of Settlement underwritten declaring the same might be insert and registered in the Town Court Books of said Burgh for presentation and publication & execution Conforms to the Clause of registration therein contained which desire the said Bailie granted and ordained the same to be done accordingly and whereof the lenor follows that I Dr John Forrest Physician in Stirling taking into my most serious considerations that by my present marriage with Elizabeth Glas my Wife I have seven children in life named David, Christian, Elizabeth, Marion, Margaret, Isabella Craigh and John Forrest and that there was no Contract of Marriage or other settlement executed between her and me wherefore it becomes prudent and necessary to make a proper settlement of my affairs amongst my | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
my said Spouse and Children And for these and other weighty considerations as well as for the love favour and affection which I have and bear to them, I the said John Forrest with the special advice and consent of my said Spouse and I the said Elisabeth Glas for myself and interest And we the said Spouses Do by these presents of mutual advice and consent deliberately make and enter into the following Settlement any agreement these are to say I the said John Forrest Do hereby with and under the burdens and conditions aftermentioned Sell Alienate and dispone from me and all others to and in favour of the said Elizabeth Glas my Spouse in liferent for her liferent use allenarly during all the days of her lifetime after my decease and that only so long as she continue my widow and to the said David Forrest our eldest son and his heirs or assignees in fee All and ??? an single ??? of land lying ??? east. James | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
James Nicolsons yard bounded by the road belonging to James Jacksons heirs on the east, James Nicholsons lands on the west, the sea flood on the south and the high street on the north parts. Item all and haill another road of land bounded by James Nicholsons lands on the east the lands belonging to James Jacksons heirs on the west and the high street and seaflood on the other parts. Item all and haill four roads of land bounded betwixt the roads belonging to James Jacksons heirs on the east and west the sea flood on the south and the highway and Common ??? on the north parts Item all and haill two long roads and a half road of land lying in that soil called Longbank near that part called Greenhill betwixt the lands sometime of William Blackburn now of Miss Helen Ferguson on the South the lands of Swinton | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Swinton then of Cockarnie and disponed by him to John Craich on the south and north the lands of salvage on the west and the common way on the east parts Item all and haill these two road of lands lying near the Graystone bounded by the loop sometime belonging to Cockarnie and disponed by him to the said John Craich on the South the road belonging to Provost Cunningham on the North Salvage on the West and the common ??? and high Road on the east parts Item all and haill on double road of land about fifteen ??? breadth lying in the east Bank bewest and about the Lock yard bounded by Cockarnies road on the south the road leading above the head of the yards on the east Hillfield on the west and the land of _______ on the north parts Item all and haill these five roads and one quarter or fourth part of an ??? of land lying within the liberties of the Burgh of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
of Inverkeithing part whereof called the leek yard bounded by the lands of Mary Husband and heirs of John Cowen on the North Hillfield on the west the lands of ________ on the south and the kings High Street on the East part Item all and Haill these five roads of land lying be east the ???? well bounded by the lands of James Ferguson in the South the lands of salvage on the west the lands sometime of the heirs of Bailie Bandie now to the heirs of James Jackson on the North and the Common ??? on the east parts Item all and Haill four roads or pieces of land lying near that part commonly called the proper dike betwixt the lands sometime of William Blackburn now of the heir James Ferguson on the North the said proper dike on the south the lands of salvage on the West and the Kings high way on the East parts item all and haill | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
haill two roads of land betwixt the lands of Andrew Adamson now to the said John Craich on the South the lands of John Bandie now also of the said John Craich on the north, the lands of the Salvage and high way on the other parts Item all and haill four roads or pieces of land lying betwixt the land of the said John Bandie now of the heir of the said James Ferguson on the North the lands of the said John Bandie now of the said John Craich on the south the said lands of Salvage and high way on the other parts, Item all and haill two roads of land lying in that part called the??? betwixt the lands of Andrew Adamson now of Adam Turnball on the South the said Cockainie lands on the North the said lands of Salvage and high way on the other parts. Item all if haill two roads of land lying betwixt Cockaince lands on the South, the lands of John Adamson now of James Jackson on the north the said lands of Salvage and high way on the other parts. Item all and haill | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
haill on single road of land bounded betwixt the lands of William Blackburn son of the said James Jackson on the south, the lands of the deceased Mathew Grey now of the heirs of the said James Ferguson on the north the said lands of Salvage and highway on the other parts. Item all and haill one single road of land bounded betwixt the land sometime of William Blackburn now of General Preston on the south the lands of Mathew Grey now of the heirs of the said John Craich on the north the said lands of Salvage and highway on the other parts. Item all and haill two roads and a half of land betwixt the land of Mathew Grey now of the heirs of James Ferguson on the south the land of William Blackburn now of heir of the said James Ferguson on the north the said lands of Salvage and high way on the other parts Item all and haill another | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
another road and fourth part of a road lying in the short crafts betwixt the lands of William Brown ?brother? now of James Jackson on the east, the lands of General Preston on the west the common way on the north and Seafield on the south parts, all which lands above mentioned lye within the liberties of the said Burgh of Inverkeithing and County of Fife Item all and haill these five sixtenth parts of the lands of ??? ??? and bounded as in the original rights and securities thereof also lying within the liberties and Parish of Inverkeithing and County of Fife Item all and whole that piece of ground at the west ??? of Inverkeithing being part of the lands of ???? ??? marked and hacked off by ??? and Stones ??? consisting of three fourth parts of an ??? Scots measure likewise lying within the liberties and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and Parish of Inverkeithing and County of Fife and bounded in manner particularly mentioned in a feu Contract thereof entered into betwixt me the said John Forrest and David Reid. John Henry Cockeane, Richard Elliston Phillips Shadrach Moyes and Henry ??? Commissioners of his majesty custom in Scotland and their successors in office for behalf of the Revenue of Custom bearing date the fourteenth and nineteenth days of January Eighteen hundred and seven with the free use and privilege of a cart road twelve feet wide thereby reserved to me at all times both on the east road north sides of the wall to be built by these for inclosing part of said ground. And it is declared that they shall not delvetion or reed up any part of the said lands more then where caution and rock have gone before and of old and under the other reservations herein expressed to be holden always of and under me my heirs and successors in feu farm fee and ??? for payment of Seven pounds | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
pounds seventeen Shillings and sixpence for each of the first twelve yards after Martinmas Eighteen hundred and six and fifteen pounds fifteen shillings Stirling yearly thereafter in name of feuduty all at two terms in the year Whitsunday and Martinmas by equal portions and doubling the said land mentioned feuduty at the entry of each heir or singular successor all as more fully narrated in the said feu contract And all and haill an annualrent of Twenty pounds Stirling or such annualrent less or more as shall legally correspond to the principal sum of four hundred pounds inflatable at Martinmas and Whitsunday by equal portion yearly during the net redemption with a fifth part more of each times annual rent of penalty case failure Fourth of All and whole these parts and portions of the lands of Easter Seamores lying on the east side of the high road leading from Denny to Denny | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Denny ??? and whole houses and buildings thereon or that may be built thereon and whole pertiments thereof and which parts and portions foresaid are nearly about the just and equal half of All and Whole that ??? shilling land of Easter Seamores lying north from the Greendike with the ??? ??? in the main and the ??? ??? in the Bassie ??? belonging thereto with the ??? great and small parsonage and ??? of the said land and haill houses ??? yards ??? ??? meadows outfields in field pasturages parts ??? and pertinent thereof whatsoever as the same in ??? and ??? which land were purchased and Acquired by John Muirhead Merchant in Falkirk and Mary Hardie his spouse from Richard and Alexander ??? Merchant in Glasgow and James Oswald of Dryburgh and are an part and parts and portion of the feu shilling land of Easter Seamores sometime belonging | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
belonging to Andrew Oswald all lying in the Barony of South Herbertshire Parish of Denny and Shire of Stirling Excepting fourth thereof the ??? and that piece of ??? ground lying benorth the vestage of an old dyke and extending to five acres of ground or thereby be also all and whole the south part of that ??? of Muir lying on the east side of the ??? which belonged to John Gillies and purchased by the said John Muirhead and Mary Hardie from David Cuthell Portioner of Easter Borland bounded on the North with a line of ??? Stones betwixt the ??? above disponed and the said David ??? remaining part of the said Easter ??? and on the east south and west parts by the lands above disponed with the ??? part and pertinents thereof lying within the Parish of Denny and Shire of Stirling As also all and haill that piece of arable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
arable land lying on the north side of the Bassie ??? commonly called ??? napkin or Gushel purchased from Alexander Baird mason at Loanhead and bounded as mentioned in his Disposition to Robert Paterson Cooper in ??? ??? lying within the parish of Denny and Shire of Stirling As also all and whole that part of Bassie ??? and Spreadfield purchased and acquired from Lady Jean Stirling of ??? and bounded as mentioned in the rights and ??? thereof lying also in the said Parish of Denny and Shire of Stirling together with the lands of the said land parsonage and vicarage in so far as the said Robert Paterson had right thereto, all which lands and others foresaid where purchased by him from the deceased John Paterson his uncle and in which he stood duty ??? conform to his Instrument of Sasine recorded at Stirling the ninth day of March seventeen hundred and ninety four or forth of any part or portion of the said lands and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and other foresaid rents ??? and duties of the same But also all and Whole the said lands and other ??? themselves in further security of the payment of the foresaid, principal sum of four hundred pounds due by him to me with the penalties expenses and others due by and contained in the said honourable Bond but redeemable always and under revision the said annual rent and land or manner therein mentioned further I do hereby with and under the burdens and conditions after expressed assign convey and make over to the said Elizabeth Glas my spouse in liferent for her liferent allenarly during all the days of her lifetime after my decease and that only so long as she continues my widow and thereafter to the said David Forrest our eldest son and his foresaids in fee the rents and duties of the foresaid several ??? yearly feuduty payable as aforesaid by the commissioners of the customs and the foresaid | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
foresaid principal sum of four hundred pounds annualrent thereof ??? annexed to both and expenses that may be resting at the home of my death and in time coming thereafter with the whole life deeds and evident as well old as new belonging to the said several subjects Declaring always as it is hereby expressly provided and declared And the said Elisabeth Glas becomes bound in respect of the liferent provisions foresaid and the further liferent provisions in her favour after expressed so long as she remain my widow to entertain maintain cloath and educate our children before named creditably in family with himself until they are of age and capable to do for themselves and upon the decease of my said spouse or in the event of her marrying again whereby her and liferent provisions will terminate and the fee open to the said David Forrest I hereby burden him with the payment to each of the said Christian Elizabeth Marion Margaret and Isabella Craigh his sisters of the sum of five hundred pounds stg of portion with the legal interest thereof from the term of Whitsunday or Martinmas | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Martinmas immediately preceding the extention of the said mothers liferent at and against the next of these terms subsequent thereto and yearly thereafter during the ??? payment with a fifth part m??? of the said sums of penalty in case of failure Which portions are hereby expressly declared to be real burdens upon and affecting the several lands ??? and others before disponed to the said David Forrest ??? and until the same be fully satisfied and discharged And are hereby appointed to be engrossed and insert as such in the ??? Charters and other investitures to follow hereon moreover and for the causes forsaid I the said John Forrest do hereby with consent of my said spouse and under the burdens and conditions aftermentioned sell alienate and Dispone from me and all others to and in favour of the said Elisabeth Glas my spouse in liferent for her liferent use allenarly during all the days of her lifetime after my decease | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
decease and that only as long as she continues my widow and to the said John Forrest our youngest son and his heirs or assignees in fee All and haill, that bedement of land high and ??? back and fore with the yard ??? and pertinent thereof lying within the Burgh of Stirling near to the foot of the Bakers wynd and on the north side of the street bounded betwixt the tenement and yard lately belonging to Colonel John Casteine of Larnoch on the west and north the houses and yard belonging to Alexander Palow and the houses belonging to Thomas ??? and ??? ??? spouses the east and the said high street called the Baxters wynd in the south parts and which were purchased by John Glas Senior Merchant in Stirling from Margaret Jaffrey widow of the deceased Robert Forrester Wright in Stirling together with the Servitude of access through the said John Glas other subjects on the north side of the said Wynd disponed to John Glas his eldest son on all necessary occasions to repair the roof and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and back walls of the above tenement and ??? but is as not to injure the said other subjects Excepting and necessary always that northmost part of the foresaid yard as divided from the south part by a hedge with free access to and from the same as formerly possessed by the said John Glas senior himself and which he had disponed to William Glas his youngest son together with the rents and duties of the said tenement of said yard ??? and pertinents above disposed that may be resting or current at the home of my death and in time coming thereafter living their respective rights of liferent and fee as before distinguished with the whole title deeds and evidents as well as old as new belonging thereto declaring always as it is hereby expressly provided and declared that upon the decease of my said spouse or in the event of her marrying again whereby her said liferent provision will terminate and the fee open to the said John Forrest | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Forrest I hereby burden him with the payment to each of the said Christian Elisabeth Marion Margaret and Isabella Craigh Forrest his sisters of the sum of One Hundred pounds sterling of portion with the legal interest thereof from the term of Whitsunday or Martinmas immediately preceding the extinction of their said mothers liferent at and against the rest of these terms subsequent thereto and yearly thereafter during the ??? payment with a fifth part more of the said sums of penalty in case of failures, which portions are hereby expressly declared to be real burdens upon and affecting the said tenement yard ??? pertinents before disponed to the said John Forrest by and until the same be fully satisfied and discharged and are hereby appointed to be engaged and invest as such in the investments (charters) charters and other investments to follow hereon in the which several lands tenement annualrent and other ??? before disponed ??? and oblige me my heirs and successors under the burden and conditions before specified to invest and lease the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the said Elisabeth Glas my spouse David and John Forrest our sons and their foresaids for their respective interests of liferent and fee as before distinguished upon my said sons their own changes and expenses by two several Investments and manners of holding ??? ??? ??? ??? me for payment of the same feuduties and other burdens payable by myself and that either by resignation or confirmation And for accomplishing the said Investment by resignation I hereby Make and Constitute _________ and each of them jointly and severally my lawful Procurator Giving Granting and Committing to them full power warrant and commission for me and in my name to compear before my immediate lawful superiors of the subjects before disponed or their commissioners having power to receive resignation and grant new Investments and therewith all due reverence and by staff and custom as use is to resign and surrender as I by these presents under the brudens conditions and declarations before expressed in the disposition caluses hereof and again ??? as repeated ??? ??? resign renounce and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and surrender ??? and deliver all and haill the foresaid several tenements yards annualrents and other haulages with the whole pertinents before disponed lying and described as aforesaid in the hands of my said superiors or their commissioners having power as aforesaid in favour and for new investments to be made and granted by the same to the said Elizabeth Glas David and John Forrest and their forsaids for their respective interests of liferent and fee as before distinguished had declaring that the foresaid several portions in favour of my younger children before named shall be real burdens upon and affecting the said several lands and other ??? respectively as before distinguished by and until the same be fully satisfied and discharged and shall be engrossed and insert as such in the investment charters and other investitures to follow hereon all in such due and competent form as effects acts instruments and documents one or more as necessary in the pressures to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
to ask and receive and generally every other thing thereanent to do which to the office of procuratory in such cases is known to belong promising to hold the same firm and stable without revocation moreover I do hereby with and under the burdens and conditions after expressed assign convey and make over to the said Elizabeth Glas my spouse in liferent use allenarly during all the days of her lifetime after my decease and that only so long as she continues my widow and to the said David John Christian Elisabeth Marion Margaret and Isabella Craigh Forrest our children equally betwixt them share and share alike but with the burden of their mothers sickbed and funeral charges all and sundry other heritable debts ??? annualrents or other heritages besides those before specially conveyed to my said sons together with all and sundry moveable goods gear sums of money bank notes gold | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
gold and silver coind and uncoined household furniture plenishing and all other moveable of whatever name or denomination which may be pertaining belonging or addebted and resting to me at the time of my decease and more particularly without prejudice of the said generally the sums of money following ??? One hundred pounds due by Mr John Grieve surgeon in Glasgow’s bill dated the fourth day of October Eighteen hundred and three, fifty pounds due by James Dinsmore's Bill dated the twenty ninth day of October eighteen hundred and six thirty pounds due by his other bill dated the twenty eighth day of April Eighteen hundred and eight, fifty pounds advanced to account of five shares held by me in the Hercules Insurance Company and five hundred and seventy pounds lodge with the Stirling Banking Company conform to their cashiers receipts with the interest that may be due as well as any dividends to be made by the said Hercules Insurance Company together with the vouchers of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
the said debts themselves and any others that may be hereafter taken in necessary or changing the securities and failing any of my said daughters by death but leaving lawful issue, such issue shall succeed to the parents portion and shares and failing said issue the deceasors portion and shares shall divide equally amongst my said sons and daughters then in life Excepting always from the above general conveyances the whole of my shop utensils and medicines that may be in the shop and cellar belonging to me at my death which I leave exclusively to the said John Forrest and I hereby nominate constitute and appoint the said Elisabeth Glas and my said children before named for their respective interests of liferents and fee as aforesaid to be my sole and only executors and ??? with my moveable Estate before disponed to them Reserving ??? to myself my liferent right and use of the several | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
several subjects both heritable and moveable before disponed during all the days of my lifetime and full power at any time hereafter by one or more writings under my hand to record annul or alter these presents which so far as may not be so altered I declare the same to be as valid and effectual if found in my custody or in that of any confident person at my death as if a delivered evident of the date hereof any law or practice to the contrary being hereby dispensed with which liferent provisions before written in favour of the said Elisabeth Glas and burdened as aforesaid are hereby acceptable of by here in full of all ??? of land held of movable and of every other claim competent to her ??? relict And the provisions before specified in favour of our said sons and daughters are declared to her in full to them (of all portion natural ??? and other claims competent to them) by and through the decease of their parents or other of them or any other manner of way and I recommend to and request Doctor Robert Moor of Leckie whom failing Doctor Charles Graham his eldest son John Burn Esquire of ??? whom | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
whom failing William Bunn his eldest son, Mr John Grieve Surgeon in Glasgow the Reverend Mr John McMillon of ???forth the Reverend Mr William (William) Sheriff Minister of McMannans and Mr John ??? Merchant in Stirling to aid and assist my said spouse with their best advice in the management of our children and I nominate and appoint her and them any three of them being a quarum to be ??? and curators to such of my said children as may be under age at my decease for taking care of them and their affairs declaring that they shall not be liable for omissions nor to do exact diligence but only liable for their actual intromissions pro rata and not in soladum and for greater security we the saids John Forrest and Elisabeth Glas spouses consent to the registration hereof in the Books of Council and Session or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
or others competent for preservation and publication and if necessary that all legal diligence and execution upon a charge of six days may pay hereon and thereto constitute ____________ our procurators ??? to the effect that the said Elisabeth Glas David and John Forrest and their foresaids may be respectively invest in the foresaid several subjects for their foresaid several subjects for their respective rights of liferent and fee as before specified of the said John Forrest hereby desire and require you ____________ and each of you my Bailies in that part hereby specially constituted That on sight hereof ye pass to the ground of the several subjects before disponed and there give and deliver heritable state and ??? with real actual and corporal possession of all and shall the foresaid several lands tenements yards annualrents and other haulages with the whole pertinents before disponed lying and described as aforesaid to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
to the said Elizabeth Glas David and John Forrest and their foresaids for their respective interests of liferent and fee as before distinguished but advise with and under the burdens conditions and declarations specified in the disposition clause hereof and now held as again repeated ??? ??? And declaring that the foresaid several portions in favour of my younger children before named, shall be real burdens upon and affecting the said several lands and other heritages ??? any and until the same be fully satisfied and discharged and shall be engrossed and insert as such in the Investments Charters and other investitutures to follow hereon and shall by deliverances to the said Elisabeth Glas David and John Forrest and their foresaids or to their certain attorney or attornies in their names bearers thereof of ??? and Stone with other symbols necessary of land upon the ground of the several subjects as use is and this in nowise ye leave undone | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
undone the which to do I commit to you and each of you as said is my full power by this my precept of Sasine directed to you for that effect in Witness whereof I and the said Elisabeth Glas my spouse have subscribed these presents consisting of this and the fourteen preceding pages of paper stamped as directed by law all written by Andrew Hutton Writer in Stirling for John Burn Writer there At Stirling the twenty seventhy day of March Eighteen hundred and then years Before these witnesses William Bell residing in Stirling and the foresaid Andrew Hutton Witnesses also to our signing the marginal note on page fourth another on page fifth another on page eleventh and other on page thirteenth of these presents all written by the said Andrew Hutton and two words of the twelfth line from the foot of page fourteenth were deleted before signing Signed John Forrest Elizabeth Glas Mr Bell witness Andrew Hutton writer Allow the said ??? ??? all legal diligence and execution necessary by providing arresting or otherwise to pass hereon and that next | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
next after a change of six days hereby warranted to be given to in duty and lawfully given and expired and in the meantime grants warrant to ??? in common form Extracted upon this and the thirty five preceeding pages of stamped paper by signed Wm Galbraith clk. Stirling 26 October 1824 This is the Extract Registered Disposition and Deed of Settlement referred to in the deposition omitted by me of this date before Andrew Hutton Commissary Clerk of the Commissioner of Sterling Commissioner appointed by the Commissary Depute of said Commissioned (signed) Elizabeth Forrest Andrew Hutton (Follows ??? Registered Codicil) At Stirling the thirty first day of October Eighteen Hundred and twenty two years in presence of Daniel ??? Esquire one of the present Bailles of the Burgh of Stirling Compeared Mr Robert Sconce Notary as Procurator for John Forrest and Elizabeth Glas after designed and produced and gave in | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
in the Deed underwritten desiring the same might be insert and registered in the Town Court Books of said Burgh for preservation conform to the Clause of Registration herein contained which desire the said Bailie granted and ordained the same to be done accordingly and whereof the tenor follows that we John Forrest and Elizabeth Glas spouses residing in Stirling considering that upon the 27th day of March 1810 we jointly and with consent of each other executed a Disposition and Deed of settlement of all our means and estate in favour of our children as therein specified and recommended and appointed to them tutors and curators named in the said Deed of Settlement which we now under the alterations restrictions and additions after specified which we reserved liberty to ourselves to make approve of and confirm in so far as not hereby altered and declare that the codicil shall form part thereof and be equally binding as the said Deed itself and now seeing that Elisabeth Forrest our second | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
second daughter was sometime ago married to Robert Adie Writer in Chief whose affairs have since gone into disorder and as our said daughter in the event of his predecease may not receive any provision from his funds or property by way of Jus Relict ??? or other ways Therefore in virtue of our reserved power to alter or revoke the said Deed of Settlement at pleasure we do hereby declare and appoint that the said Robert Adie our said daughters husband shall have no right or title to uplift demand or interfere with the portion provided to our said daughter from our means and estate by and his our said Deed of Settlement in virtue of his Jus ??? courtesy of Scotland or of any other title whatever and that the same shall neither be liable to his Deeds nor affectable by the diligence of his creditors for debts or obligations already contracted or to be contracted and come under by him and we further declare that the said Robert Adies | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Adies Jus Marite shall be excluded as above expressed even though our said Daughter should receive any provision from his funds and we also appoint and declare that the tutors and curators named in our said Deed of Settlement and those hereafter named or the quarum of them as after specifed shall alone have the power to uplift the provision or the portion provided by us and each of us to our said Daughter and to pay or align or convey it to herself in whole or in such parts or to lend it out in their names for her behalf upon good and sufficient security or to do otherwise with the same as shall seem to them the most for her advantage and we declare that notwithstanding of the debts and deeds of the said Robert Adie or diligence against him it shall be lawful and competent for our said daughter without his consent or the consent of any trustee approved judicially or voluntarily over the estate effects to uplift and secure her said portion of our means and estate or such part thereof or the interest thereof | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
thereof as the said tutors and curators may advance or desire to be paid to her and to apply the same as she may think proper her said husbands jus mariti and his interference therewith by himself or by trustees appointed over his estates being hereby expressly excluded and we also nominate and appoint the Rev’d Doctor ________ Wright Peter Grant Esquire Writer and Doctor James Dinsmore residing in Stirling to be tutors and curators for our said children in conjunction with those nominated in our said Deeds of Settlement with all the power therein and above conferred upon them and on those named in our said Deed of Settlement any three of whom to be her quarum and we hereby specially reserve to ourselves full power to alter or revoke this codicil in wholly or in part at any time hereafter and consent to the registration hereof in the Books of Council and Session or others competent therein to remain for preservation and to that effect constitute ____________ our procurators In | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
In Witness wherof we have subscribed this codicil to our said Disposition and Deeds of Settlement written by the said John Forrest on this and the preceding page of stamped paper at Stirling this 3rd day of April Eighteen hundred and twenty years before these witnesses George Donaldson Confectioner and John Miller Apprentice to Forrest and Dinsmore Physicians Stirling witnesses also to our signing the marginal tone on the first pages hereof written by me the said John Forrest (Signed) John Forrest Elizabeth Glas George Donaldson Witness John Muller Witness, extracted upon this and the five preceding pages by (Signed) Wm Gallbraith Clk. Stirling 26th October 1826 This is the extract Registered Codicil referred to in the Deposition emitted by me of this date before Andrew Hutton Commissary Clerk of the Commission of Stirling Commissioner Approved by the Commissary Depute of Said Commissioned signed Elizabeth Forrest Andrew Hutton. |