Alexander Duncan's Will 1721
Alexander Duncan's Will
"At Edinburgh the nineteenth day of November eighteen hundred and twenty one. In presence
of the Lords of Council and Session [comprared?] Thomas Thomson Esquire advocate as pro[cur?]ator
for Alexander Duncan after assigned and gave in the trust disposition underwritten to be
registered in the books of Council and Session conform to law which the said Lords ordained
to be done accordingly and the T[...] follows. I Alexander Duncan writer to the signet for
certain goods and [weighty?] consideration do hereby assign and dispose to Mrs Mary Simson or
Duncan my well beloved wife Captain James Coutts Crawford of the Royal Navy my son in law
George Simson Esquire brother of my said wife James Guthrie Esquire of Craigie Alexander
Murray Esquire of Ayton Joseph Murray Esquire Younger of Ayton Advocate James Ferrier Esquire
one of the principal Clerks of the Court of Session and William Scott Moncrieff Esquire of
Newalls accountant in Edinburgh or the survivors or survivor of them and failing all the persons
above named by death or nonacceptance then to my own nearest lawful heirs whomsoever but in
[trust?] always for the uses aids and purposes herinafter [....] all and sundry lands
tenements houses annual rents and other heritages at present belonging or which shall happen
to belong to me at the time of my death with the [...] mails and duties and whole [...] and
title deeds of the same and all action and execution [...] to follow thereupon excepting
always my lands and houses and other heritages at Restalrig with the privileges and [pertinants?]
thereof of which I have executed a separate settlement and conveyance as also I hereby assign
and dispose to my said trustees all and sundry debts heritable and moveable and sums of money
and all gold and silver coined and uncoined Bank notes shares of stock in the Bank of Scotland
or of the Royal Bank of Scotland or of stock in any of the public funds of Great Britain and
in general all goods gear chattels and effects of whatsoever nature or denomination and
wheresoever situated [heir?]ship moveables included which shall happen to apertain and belong
or to be due and owing to me at the time of my decease together with all bonds obligations bills
promissory notes decrees contracts agreements accounts and other grounds and instructions of
debt to which I shall anyways have [entered?] at that period but excepting always out of and
from the disposition the whole household furniture bed and table linens silver plate [contracts?]
paintings pictures [...] wines and other liquors belonging to me at my death which I hereby
assign and make over to the said Mrs Mary Simson my wife in the event of her surviving me in
absolute property but failing (her) by decease before me or though surviving me in case she
shall not make any particular settlement or disposal of the above articles so excepted then I
hereby assign and make over the same to Mary Simson Crawford my granddaughter also in absolute
property but failing her by decease while in minority and unmarried then I hereby declare
and appoint that the said several articles so excepted shall be comprehended under and make
part of the subjects above conveyed to my said trustees for the uses and purposes after mentioned
and for rendering those presents the more effectual I hereby nominate and appoint the trustees
before named and the survivors or survivor of them or of such of them as accept hereof to be my
whole sole executors universal legataries? and only inheritters? with my moveable goods &
effects with the exception above mentioned and the moveable debts due to me exclusive of my
nearest of kin and of all other persons but in trust always for the uses and purposes hereinafter
expressed with power to them or any two of them while two or more of them survive whom I hereby
declare to be a quorum whom all failing then to my heirs aforesaid immediately after my decease
to uplift and receive the whole heritable and moveable debts and sums of money then [resting?]
and owing to me transfer my shares of stock in the aforesaid banks or public funds and to [....]
with and dispose of my whole moveable estate and effects before [disposed?] excepting as aforesaid
grant receipts discharges remunerations or conveyances of the said debts and in general to do
everything in relation thereto that I might have done in my own lifetime or which any general
[disposer?] universal [legataries?] or executos may lawfully do in the [life?] cases as also
establish in their persons legal titles to the several lands and [heritages?] that belong to
me at my decease excepting my said lands and heritable property at Restalrig and to sell and
dispose of the sae or any part thereof either by public auction or private sale as to them shall
seem most expedient and to uplift and receive the rents and duties thereof while unsold and
the [prices?] and proceeds thereof when sold and to grant dispositions and all other writs
necessary in fabour of the purchasers one or more [...] my heirs in absolute [warrenders?]
or such other [warrenders?] as my trustees shall think proper of the subjects sold hereby
declaring that the purchasers shall have no [...] with the application of the [....] of their
respective purchases but that a receipt and acquittance of the same by the said trustees or
the quorum aforesaid or by any cashier or factor duly authorized by them shall be to the said
purchasers and all others concerned a full and sufficient ex[...] with power [..] also to the
said trustees or quorum aforesaid to appoint factors or cashiers under them from time to time
for upliftng and discharging the rents and duties of my lands and heritages above disp[...]
the p[..] of the same when sold and the whole debts due to me for managing the whole trust
estate hereby conveyed and to allow reasonable salaries to such cashiers or factors and in
general what with power to the said trustees or the quorum aforesaid to do all and everything
requisite and necessary for the execution of the trust hereby granted but providing always as
it is hereby expressly provided & declared that my trustees whom all failing my heirs aforesaid
shall be holden and obliged to account for and apply their whole [...sessions] with the trust
subjects hereby dis[..]d and the rents issues and profits arising from the same in manner
following [...] In the first place for payment of the expense of making up and completing
their own titles to the said subjects and executing this present trust as the same shall be
ascertained by an account under their hands or the account book of the disbursor without any
othrt [...]. Secondly for payment of all the just and lawful debts due and owing by me at the
time of my death including ny funeral expenses [...] mournings to my widow and family and a
suitable allowance for her and their maintenance from the day of my death until the interests
of my funds shall be [received?] and including also among my debts the sum of two thousand
pounds sterling for which I granted a bond to the now deceased Mary Duncan my youngest
daughter of which the principal is yet unpaid thereby for payment of the several annuities
and legacies contained in the deed of legacies executed by me of the date hereof or to be
executed by me at any other time hereafter and with regard to the rest residue and remainder
of the said trust estate and the value and proceeds thereof when converted into money as a
part thereof the capital sums to be set apart or reserved for answering and paying the
several annuities above mentioned after such annuities shall cease and be no longer payable
I hereby will divest and appoint the said trustees and survivors or survivor of them or the
quorum aforesaid whom all failing my heirs aforesaid to lay out the said residue and remainder
on such securities as they shall think best taking the rights thereof in their own monies and
to pay over the annual interests profits and proceeds thereof when received by them to the
said Mary Simson or Duncan my wife for her support and maintenance
during all the days of her life and after her decease to pay over the said residue and remainder
of my said trust estate and the rents issues and profits accruing therefrom or to assign and
convey the rights and securities of the same but subject always to the payment of the annuities
aforesaid in manner following viz., one just and equal half thereof to
Mary Simson Crawford my granddaughter only surviving child of the marriage between
the said Captain James Coutts Crawford and the now deceased
Ann Duncan my eldet daughter his wife and the heirs of the body
of the said Mary Simson Crawford and the other just and equal half
thereof to Alexander Duncan Tait my grandson only child of the
marriage between Captain James Haldane Tait of the Royal Navy and
the now deceased Mary Duncan my youngest daughter his wife and the
heirs of the body of the said Alexander Duncan Tait but under
this provision always as it is hereby expressly provided and declared that in case the said
Mary Simson Crawford my granddaughter shall happen to decease
without leaving heirs one or more of her own body the half of the residue or remainder of my
estate hereby settled on her shall belong to the said Alexander Duncan
Tait my grandson and the heirs of his body and on the other hand if he shall die
without leaving heirs one or more of his body the half of the said residue and remainder
settled on him shall belong to the said Mary Simson Crawford my
granddaughter and the heirs of her body and failing both my said grandchildren without leaving
heirs one or more of either of their bodies that then the whole of the said residue and
remainder shall pertain and belong to my own nearest heirs or assignees whatsoever wholly
exclusive of the legal heirs or representatives of my said grandchildren or of either of them
and also exclusive of Henry Twysden the eldest son of
Isobel Duncan or Twysden my niece and the heirs of his body and my said trustees are
hereby requested and authorised to settle and secure the said residue and remainder of my
trust estate accordingly but without prejudice nevertheless to the said
Mary Simson Crawford my granddaughter in case she shall be married to settle on her
husband if she shall think proper the amount or value of what she shall succeed to by virtue
of this present settlement and without prejudice also to the said Alexander
Duncan Tait my grandson if he shall marry to settle on his wife if she shall survive
him a [...] or diferent annuity not exceeding five hundred pounds sterling yearly to be paid
out of the proceeds of what he shall succeed to by virtue of this settlement anything
hereinbefore contained to the contrary notwithstanding and in case my said grandchildren or
either of them shall happen to be in minority at the time of the death of the logest liver of
myself and my said wife I hereby appoint my surviving trustees before named and the survivors
and survivor of them or the quorum aforesaid to be guardians and curators to such minor or
minors for managing the estate and subjects to which they may happen to succeed by virtue of
these presents until they respectively attain the age of twenty one years complete and is
hereby provided and declared that the said trustees or guardians abd curators shall no wise be
liable for any omissions or even negligence in the execution of the trust hereby granted nor
for the omissions neglectsor solvency of the persons to whom all or any part of the said trust
estate may happen to be lent out nor for the omissions neglects or solvency of their cashiers
or factors but that in all their transactions they shall be bound to act only [...] [...] and
be accountable no further than for their personal intromissions with the subjects of their
administrations and that even as to such intromissions they shall not be liable singuli in
solidum[?] or for one another but each of them only for himself or herself but reserving always
to myself not only the full use and enjoyment of the whole subjects before dispensed during
all the days of my life but also full power and liberty at any time thereof to sell or otherwise
dispose of the said subjects or any part thereof and likewise revoke alter or [...] those presents
at pleasure or to affect and burden the same with debts and such other legacies gifts and
provisions as I shall think fit by any deed or writing executed by me for that purpose but in
sofar as I shall not exercise these reserved faculties I hereby declare that these presents
shall be good and effectual although found in my repositories or in the custody of any other
person at the time of my death undelivered and dispense with delivery of the same any law or
prctice to the contrary notwithstanding. Lastly I hereby revoke and annul all deeds of settlement
writs or bonds of provision granted by me to the said Mary Duncan
my youngest daughter and the said seperate settlement of my lands and property at
Restalrig and the said deed of legacies before mentioned which I
hereby ratify and confirm and I consent to the registration hereof in the books of council and
session for preservation and that all legal execution necessary may pass and be directed upon
a decree to be inter[..]d thereto against my heirs at law and representatives in proper form
and for that effect constitute Thomas Thomson Esquire advocate my procurator. In witness whereof
I have subscribed these presents consisting of this and the five preceeding pages written on
paper duly stamped conform to law by William Stevenson writer in Edinburgh at Edinburgh the
seventh day of March in the year one thousand eight hundred and twenty before these witnesses
John Yule writer to the signet and John Hally his clerk witnesses Also to my signing the two
words on the margin of page fourth also written by the said William Stevenson
Signed Alexr Duncan John Yule witness John Hally Witness
Extracted upon this and the seventeen preceeding pages of stamped paper by me one of the
keepers of the records of the court of session Tho. Peat
At Edinburgh the twentieth day of November one thousand eight hundred and twenty one years in
presence of the Lords of Council and Session comprared Thomas Thomson Esquire advocat as
procurator for the party after named and designed and gave in the deed of legacies underwritten
desiring the same might be registered in their lordships books as a probative writ conform to law
which desire the said lords found reasonable and ordained the same to be done accordingly
whereof the tenor follows viz,
I Alexander Duncan write to the signet considering that I have this
date executed a general settlement of my heritable and moveable estate excepting my property
at Restalrig of which I formerly executed a seperate settlement and
which I hereby confirm in favour of certain friends as trustees for the uses and purposes
therein mentioned and among others for payment of certain annuities and legacies contained
in these presents or to be contained in any other deed hereafter executed by me therefore and
for certain good causes and considerations I hereby legate and bequeath the several annuities
under written viz. To Isobel Duncan my sister fifty pounds To
Miss Jean Simson my sister in law fifty pounds To
Mrs Seaton? in Markirk my sister in law fifty pounds To Mrs Paston?
of Barisloe my sister in law fifty pounds To John Stevenson
my nephew twentyfive pounds To Helen Mayrie? my cousin daughter of
the deceased James Mayrie? late of Pavislogie twentyfive pounds
To Catherine Balfour daughter of the deceased
Mr James Balfour late accountant in the Bankof Scotland ten pounds To
Helen Miller or Easton my relation wife of George Easton
gardener at or near [...]burgh ten pounds and to William Young my servant if he shall be in
my service at my death twelve pounds all sterling money and these yearly during the lives of
the respective annuitants and to be paid at two terms in the year Whitsunday and Martinmas by
equal portions beginning the first terms payout at the first of those terms that shall happen
next after my decease and so forth half yearly thereafter during the respective lives of the
said annuitants as aforesaid as also I hereby legate and bequeath the several sums of money
and legacies underwritten viz. To each of my accepting trustees ten guineas for a ring? To
Captain James Stevenson my nephew three hundred pounds To
William Stevenson my nephew two hundred pounds and all my law books To
Isabella Stevenson my niece five hundred pounds To Isabella Duncan
or Twysden my niece one thousand pounds to be laid out and secured by my trustees to her
in liferent and Thomas Twysden her youngest son and the heirs of
his body in fee? whom failing to my own nearest heirs whomsoever in fee but always excluding
Henry Twysden her eldest son To Mary Luscombe
or Duncan the widow of Captain Henry Duncan my nephew one
thousand pounds to be laid out and secured by my said trustees to her in liferent? and to
Mary and Isabella Duncan her daughters by my said nephew equally
between them and the heirs of their respective bodies and failing any one of them by decease
without such heirs the whole to the survivor of them and the heirs of her body in fee and failing
both of them by decease without leaving heirs of their or either of their bodies then to my own
nearest heirs whomsoever in fee but always excluding the said Henry Duncan
To Marion Crawford or Jobson my cousin wife of
Mr David Jobson late of Balfour five hundred pounds to be laid out and secured by my
trustees to her in liferent and to her daughters in such shares as she shall decide the same in
fee To the Society in Scotland for propagating Christian knowledge five hundred pounds To the
Orphan Hospital in Edinburgh two hundred pounds To the Charity Workhouse in Edinburgh one
hundred pounds To the Royal Infirmery in Edinburgh one hundred pounds To the Dundee Infirmery
one hundred pounds and to Ann Masterton my housekeeper if she is still my service at my
death fifty pounds all the above sums being sterling money and to be paid or laid out and
secured by my said trustees at the first term of Whitsunday or Martinmas being six months
after my decease with interest thereafter until so paid or secured and which legacies to the
aforesaid five charitable institutions and to the said Ann Masterton I appoint to be paid
free of any tax or duty imposed or to be imposed by law on legacies such tax or duty being
also to be paid out of my said trust estate I do not think any law requires this deed to be
written on stamped paper but if I am mstaken I hereby direct that the stamp duty and any
penalties incurred by this deed's not being written on stamped paper shall also be paid out
of my trust estate. In witness whereof I have written these presents with my own hand on this
and the two preceding pages and subscribed the same at Edinburgh the eleventh day of March
in the year one thousand eight hundred and twenty before these witnesses
John Yule writer to the signet and John Halley his clerk signed Alexr Duncan John Yule witness
John Halley witness
Extracted from the records in His Majesties General Register House
upon this and the six preceding pages of stamped paper by me one of the keepers of these
records having commission for that effect from the Lord Clerk Register Willm Robertson
Proved in London with a codicil 27th October 1823 before the Worshipful John Haggard Doctor
of Laws and surrogate by the oath of George Simson esquire one of
the executors to which admon was granted being first sworn duly to administer power reserved
of making the like grant to Mary Duncan formery Simson widow the
relict James Coutts Crawford, James Guthrie, Alexander Murray, Joseph
Murray the younger, James Ferrier and William Scott Moncrieff Esquires the other executors
named in the said will when they or either of them shall apply the same
"