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
-
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
-
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
-
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
-
_____________ ______________ _______ 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./----
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
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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