The Last Will and Testament of Robert Haldane Scott

Robert Haldane Scott Esq. 45


At Edinburgh the twenty eight day of January one thousand eight hundred and thirty six years In presence of the Lords of Council and Session Compeared* John Hope Esq Advocate Procurator for Robert Haldane Scott after assigned and gave in the trust deed and Settlement underwritten desiring the same to be registered in the Books of Council and Session conform to law which the said Lords ordained to be done accordingly whereof the tenor follows /

I Robert Haldane Scott Esquire of Kinloss in the Parish of Trelawney and Island of Jamaica and of Wooden in the County of Roxburgh in Scotland being desirous of settling my worldly affairs and the disposition of my property after my decease and having entire trust and confidence in the persons after named for executing the trust hereafter reposed in them do therefore and for certain other good causes and considerations Give Grant Revise assign dispone* convey and make over unto and in favor of my three brothers George Scott Captain in the Royal Navy Duncan Gordon Scott Major in the Service of the Honorable East India Company

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and Thomas Munro Munro Doctor of Medicine also in the Service of the honorable East India Company or the acceptors or acceptors of them and unto the survivors or survivor of such acceptors or acceptor and unto the heirs of such survivors or survivor accepting but that always in trust for the ends uses and purposes hereinafter mentioned and declaring that a majority of any said trustees accepting or surviving or if any of them only accept or survive then that one shall be a quorum and have full power to execute all the purposes of this trust All and whole those parts and portions of the forty pound land of old extent of the Barony of Maxwell comprehending All and whole the lands of the Woodend or Wooden now called Easter Wooden with tower fortalices manor place houses buildings yards orchards dovecots tenants tenandries* and services of free tenants annexes connexes tofts crofts woods parts pendicles* and pertinents of the same whatsoever and together with the parsonage teinds of the said lands lying within the Parish of Kelso and Sheriffdoms of Roxburgh as also all and whole those parts and portions of the five pound lands called Thirlestane which are proper parts and pertinents of the Barony of Town (Yettam) lying within the said Barony and Sheriffdom of Roxburgh and described in a disposition granted by George Walker of Thirlestane in favor of Robert Walker of Wooden dated the twentieth day of November Eighteen hundred and six years as follows viz: All and whole that Eastmost enclosure pertaining to the said George Walker/being part of his said lands of Thirlestane/ then possessed and forming part of the farm held under the said George Walker by George Douglas bounded by the lands of Cherrytrees on the east by the Road leading from Kelso to Yetholm past Cherrytrees on the North by the Lands belonging to the said George Walker on the South and West parts lying within the Parish of Yetholm and Sherrifdom of Roxburgh As also all other lands and heritable and real Estate of every description that shall belong to me at the time of my decease As also the whole (unseed) Estate and the whole movable and personal Estate property and effect of whatever kind or denomination heirship movables included that shall belong to me or to which I may in anywise be entitled at the time of my decease And I bind and oblige me and my heirs & successors to grant in favor of my said trustees all deeds which may be necessary or requisite for implementing and fulfilling the above general disposition of any heritable and movable real personal and (unseed) Estate And I do hereby nominate and appoint my said trustees acceptors or acceptor survivors or survivor and heirs as aforesaid to be along with my friends George Ogilvy Andrew Scott and Charles Strachan of the said Parish of Trelawney Esquires my sole Executors in regard to my Estate situate and being in the said Island of Jamaica and my said trustees acceptors or acceptor survivors or survivor and heirs as aforesaid to be alone my sole Executors or Executor and sole intromitters* or intromitter with my whole other movable and personal means and Estate But declaring always that these presents are granted in trust and for the uses ends and purposes after expressed viz First I direct and appoint my said trustees from the produce of my said means and estate to pay all my just and lawful debts sickbed and funeral charges Second I direct and appoint my said trustees to pay to Mrs Margaret Scott my Mother during all the days and years of her life time after my decease or yearly sum or annuity of two hundred pounds sterling without any deductions whatsoever and that by two equal payments at the two terms of Whitsunday or Martinmas in each year beginning the payment thereof at the first term of Whitsunday or Martinmas which shall occur after my decease and continuing the regular and punctual payment thereof at each succeeding term with a proportionable part of the said annuity for any less period up to the day of the death of my said Mother and with the lawful interest of each of the said termly payments or proportional part from the time when the same falls due as aforesaid till payment thereof be made and also with one fifth part more of each of the said termly sums and proportionate part for liquidate penalty and expenses in case of failure with the punctual payment thereof and for the purpose of securing the payment of the said Annuity and of putting a more speedy end to this trust I hereby authorise and empower my said trustees as soon after my decease as they may see fit to infeft* and seise the said Mrs Margaret Scott my Mother in a liferent* Annuity to the amount above written payable furth* of and from the Lands and others specially before disponed or to invest such a sum as may be necessary for that purpose in the purchase of a liferent Annuity to the amount foresaid payable from the Public Stocks of Great Britain or any Chartered Assurance Company having an Agent

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in Edinburgh Declaring that the foresaid Annuity shall not be imputed in compensation in whole or in part of any sum or sums of money for which I may at my decease be indebted to my said Mother by Bond bill or other writing Thirdly I direct and appoint my said trustees to lay out the sum of twenty Guineas in the purchase of a Ring or other Trinket and to present the same to my said brother Thomas Munro Munro as a token of my affection he being already so well provided for as to stand in no need of any pecuniary provision from my estate Fourthly I direct and appoint my said trustees to make payment of the following sums of money at the first term of Whitsunday or Martinmass which may occur after my decease with the lawful interest of each of the said sums from the said term to the day of payment thereof viz of the sum of one thousand pounds sterling to my said brother Duncan Gordon Scott Item of the sum of one thousand pounds sterling to my sister Mary Ann Scott wife of the Reverend George Addison Minister of the Parish of Liff and Benvie but exclusive of the jus mariti* of her said husband Item of the sum of one thousand pounds sterling to each of my three unmarried Sisters Barbara Scott Catherine Scott and Janet Scott Fifthly I having upon the day of the date of these presents signed sealed published and declared a last Will and Testament touching my Estate situated in the Island of Jamaica and nominating my said trustees and my other friends above named to be my executors in regard to my said Estate and it being my will and intention that the said Will and Testament and these presents should no wise derogate from or interfere with one another I hereby direct and appoint my said trustees to hold the said Will and Testament touching my said Estate in Jamaica as a part of those presents and to observe the same in all respects as if the whole provisions bequests directions and clauses thereof had been validly and effectually made and expressed in these presents and lastly with regard to the Residue and Remainder of my Estate and Effects heritable and moveable real personal and (unseed) above conveyed I hereby direct and appoint my said trustees to pay assign transfer and dispone* the said residue and remainder unto and in favor of the said George Scott my brother and the heirs of his body whom (failing) unto and in favor of the said Duncan Gordon Scott my brother and the said Mary Ann Scott or Addison Barbara Scott Catherine Scott and Janet Scott my sisters or such of (them) /my said brother and sisters/ as may survive me equally among them the said survivors share and share alike and exclusive altogether of the issue of those of them who predecease me and I hereby declare that the share of the said Mary Ann Scott or Addison shall not be subject to the jus mariti of her husband but disposable by herself alone in whatever manner she may see fit and I do hereby give to the said trustees full power to enter into possession of the said trust estate and effects and to call sue for uplift and discharge the rents mails and duties and interest and annual profits arising from the same and also to use warnings and prosecute removings against tenants & to set and in lease tack and assedation* let to such person or persons as they shall think fit the lands and heritages and real Estate hereby conveyed at the best rent which can be got for the same and for such period not exceeding nineteen years and on such conditions as to the said trustees shall seem proper And the said trustees are also hereby empowered to appoint one or more of their own number or any other person or persons they may think fit to be factor or factors under them with such powers as to the said trustees may seem proper and to pay to the said factor or factors such salary or Commission as to the said trustees may seem meet and reasonable And the said trustees are also empowered to compound and settle all debts due to me in such manner as to them shall seem best and also to submit and refer to the amicable decision of umpires or arbiters all claims questions demands and differences which may be made upon or arise out of the Estate hereby conveyed and trust hereby (rented) and for that purpose to enter into and subscribe submissions and all other deeds necessary And the said trustees are also hereby empowered to call sue for uplift and receive all principal sums of money due to me at the time of my decease in whatever way the same may be vested or secured and to grant all necessary discharges transferences or Conveyances thereof And farther the said trustees are hereby empowered to sell and dispose of all or any part of my said Estate and Effects hereby conveyed and that either by public roup* or private bargain at the best price or prices that can be obtained by them for the same and for that purpose to enter into articles of roup and minutes of sale and to grant transferences and conveyances thereof and dispositions containing procuratory of resignation precept of Sasine* clause binding me and my heirs in absolute warrandice* and other usual clauses and to execute and sign seal and deliver all and whatever other deeds may

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be requisite and necessary for rendering the said sale or sales effectual in the same manner and as amply as I would do myself And the said trustees are also hereby empowered to borrow such sum or sums of money as may from time to time be required for the purposes of this trust and to grant therefor personal heritable or real securities upon and charging all or any part of the Estate and Effects hereby conveyed And the said trustees  are also hereby empowered when and so often as they may think fit to nominate and assume such other person or persons as they shall think fit to be a trustee or trustees along with them and after their decease and all and every such new trustee or trustees shall and may act in the execution and management of this trust and shall have and be invested with the same powers and authorities as if he or they had been named and appointed in these presents and as the trustees or trustee therein named have or can exercise And I hereby declare that the trustees and executors hereby appointed or to be appointed in virtue of the foregoing clause shall not be liable for omissions or neglect of management or singuli in solidum* but each one for his own acts and intromissions only And I reserve my own liferent of the Estate and Effects hereby conveyed with full power to (use) at any time of my life and even on death bed to alter innovate or revoke these presents in whole or in part as I shall see proper but I dispense with the delivery hereof and declare that these presents so far as not so altered innovated or revoked shall be valid and effectual to all intents and purposes though found lying in my repositories or in the custody of any person to whom I may entrust the same at the time of my death And farther that my said trustees may after my decease be infeft and seised in the lands teinds and others specially before conveyed I bind and oblige myself and my heirs and successors duly and validly to infeft and seise the said George Scott Duncan Gordon Scott and Thomas Munro Munro or the acceptors or acceptor of them and the survivors or survivor of such acceptors or acceptor and the heirs of such survivors or survivor and the person or persons to be assumed into this trust as aforesaid in the said lands teinds and others but in trust always as aforesaid and for the purposes above written and that by two several infeftments and manners of holding the one thereof of and under me and my foresaids in free (blench) for payment of a (penny) Scots upon the ground of the said lands at the term of Whitsunday yearly if asked only and the other from me and my foresaids of and under our immediate lawful superiors of the of the said lands teinds and others for payment of the same duties and casualties and as fully and freely in all respects as I hold or may hold the same myself and that either by resignation or confirmation or both the one without prejudice of the other and for completing the said infeftment by resignation I nominate constitute and appoint ___________ ____________ and each of them jointly and severally my lawful Procurators Giving Granting and Committing to them and each of them full power for me and in my name to resign  as I do hereby resign surrender upgive overgive and deliver All and whole the lands teinds and others particularly before written lying and described as aforesaid and here (holden) as repeated brevitatis causa* in the hands of the immediate lawful superiors thereof or of their Commissioners duly authorised in favor of and for new infeftment of the same to be made given and granted to the said George Scott Duncan Gordon Scott and Thomas Munro Munro or the acceptors or acceptor of them and the survivors or survivor of such acceptors or acceptor and the heirs of such survivors or survivor and to such other person or persons as shall be assumed into this trust in manner aforesaid but in trust always and for the uses and purposes before mentioned acts instruments and documents upon the premises to ask and take and generally every other thing concerning the premises to do which I could do myself if personally present or which to the Office of Procuratory in such cases is known to belong ratifying hereby and confirming whatever my said Procurators shall lawfully do or cause to be done in the premises in virtue hereof And farther I do hereby assign convey and make over to my said trustees the whole writs and title deeds of and concerning the lands and others before conveyed with the whole clauses and obligements therein contained and also the whole rents mails and duties due and payable from the said lands and others at the time of my decease and in all time thereafter with the tacks and leases thereof and all action and execution Competent thereon And I consent to the Registration hereof in the Books of Council and Session or those of any other Competent Court therein to remain for preservation and for execution if needful in form as effeirs and thereto constitute John Hope Esq Advocate my procurators (&) And in order that my said Trustees may be more readily infeft and seised in the said lands teinds and others after my death I hereby desire and require you

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_____________ ______________ _______  and each of you jointly and severally my Baillies in that part hereby specially constituted that on sight hereof ye pass to the ground of the lands and others before disponed respectively and successively if need be and there give and deliver heritable state and sasine actual real and corporal possession of All and whole the lands teinds and others particularly before disponed with the whole parts pendicles* and pertinents thereof all lying and described as aforesaid and here holden as repeated brevitatis causa/ to the said George Scott Duncan Gordon Scott and Thomas Munro Munro or the acceptor or acceptor of them and the survivors or survivor of such acceptors or acceptor and the heirs of such survivors or survivor and such person or persons as shall be assumed into this trust as aforesaid But in trust always and for the uses and purposes foresaid and that by delivery to the said trustees or trustee or to their or his certain Attorney or Attorneys in their or his names bearing these presents of earth and Stone of and upon the Ground of the said lands and all other Symbols usual and necessary And this in no wise leave ye undone for doing whereof I commit to you and each of you full power by this my precept of Seisine specially directed to you for that effect In witness whereof I have subscribed these presents written upon this and the six preceding pages of duly Stamped paper by Robert Gentle Clerk to Donald Mr Stan writer to the Signet and William Eiffer writer in Edinburgh and have hereto set my hand and seal that is to say to the first six pages hereof set my hand and to this seventh and last page my hand and seal at Kelso upon the eleventh day of August in the year one thousand eight hundred and twenty eight before these witnesses George Watt Merchant in Kelso and Joshua Sockie and George Rankin both Shopmen to the said George Watt declaring that the words "issue" on the eighth line from the bottom of the third page and "bargain" on the eighteenth line from the bottom of the fourth page hereof are first written on erazures ____ /Signed/ Robt. Scott /SS/ _________ Signed sealed published and declared by the said Robert Haldane Scott as and for his last Will and Testament in presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses thereto signed Geo. Watt Merchant Kelso Witness _____ Joshua Lockie Shopman to the above George Watt Witness ______ George Rankin Shopman to the above George Watt Witness / ______

Extracted furth of the Records of the Court of Session in Scotland upon this and the twenty six preceding pages of Stamped Paper by me Thomas Peat Keeper of the Register of Deeds & Conform to Act of Parliament Tho. Peat /

Proved at London 19th March 1836 before the Judge by the Oath of George Scott the Brother on of the executors to whom (Admon) was granted being first sworn/by Common/ duty to administer - Power reserved of making the like Grant to Duncan Gordon Scott the Brother and Thomas Munro Munro the other Executors when they shall apply for the same./----



GLOSSARY

ACCEPTOR: contract law: The person who agrees to pay a bill of exchange drawn upon him.

ASSEDATION: Scots law: An old term, used indiscriminately to signify a lease or feu-right. (see feu).

BAILLIE: a civic officer in the local government of Scotland.

BREVITATIS CAUSA: Scots Law: "for the sake of brevity"

COMPEAR: obsolete : appear specifically, Scots law : to appear in court personally or by attorney

CONNEX: a connected incident or property

DISPONE: Scots law: to dispose of, grant, or transfer (real or personal property) legally

EFFEIRS: to be appropriate, Scots Law: "(in form) as effeirs": in the proper way, in due form

FEU: Scots law: A holding or tenure where the vassal, in place of military service, makes his return in grain or money.

FORTALICE:  1 archaic : fortress  2 archaic : a small fort

INFEFT: Scots law : to invest with or give symbolical possession of inheritable property

INTROMISSION: Scots law: The assuming possession of property belonging to another, either on legal grounds, or without any authority; in the latter case, it is called vicious (or vitious) intromission

JUS MARITI: Scots law: The right of the husband to administer, during the marriage, his wife's goods and the rents of her heritage.

LIFERENT or LIFE-RENT: Scots law: is the right to receive for life the benefits of a property or other asset without the right to dispose of the property or the asset.

PENDICLE: (Scotland): A small property that is a subsidiary part of a larger estate; an appurtenance

ROUP: Public auction.

SASINE: Scots law: is the delivery of feudal property, typically land and all that goes with it.

SEISE: right to part of a tenant's profits

SINGULI IN SOLIDUM: legal: each liable for a whole amount due

TACK: Scots law: A contract of location by which the use of land, or any other immovable subject, is, set to the lessee or tacksman for a certain yearly rent, either in money, the fruits of the ground, or services. This word is nearly synonymous with lease.

TEINDS: Scots Law: That liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other spiritual functions proper to their several offices.

TENANDRY:
1. The state or condition of being a tenant; tenancy, occupation on condition of paying rent.
2. Land held of or rented from a superior by a tenant; the rent or other duties paid by a tenant, freq. in the formulae of charters.
3. The body of tenants on an estate, the tenantry.

TOFT: (historical term)
1. a homestead
2. an entire holding, consisting of a homestead and the attached arable land
3. a small grove of trees
4. a hillock

WARRANDICE: Sc. Law: the obligation given by a granter or seller to indemnify a grantee or buyer of heritable property threatened with eviction through defect of title (see 1896 quot.)



This document was transcribed by me from the original scan which is available under the UK Open Government License here:
Will of Robert Haldane Scott, of Kinloss Parish of Trelawny Island of Jamaica, West Indies
the last page is here Will of John Parnam Stone of Quorndon , Leicestershire

The Glossary was cribbed from various sources which I will get around to attributing one day!

To the extent which any copyright is due me, Kim Holburn, descendant of said Robert Haldane Scott, for the transcription this document is (C) Copyright 2022 (cc) Creative Commons License CC BY-NC 4.0.
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