Wedderburn Wills 1 (A-H)

[Will of Alexander Wedderburn, bap. Weatherburn, on 2 June 1782 at Berwick upon Tweed �of Exeter�, who died aged 71 at Longbrook Street, St. David�s, Exeter, on 16th February 1853. His Will was written on 21st October 1852 and witnessed by Paul Collins Innkeeper and Thos. Duffield. It was proved at London on 11th March 1853 and Admon was granted to William Thomas Wedderburn the Son and James Taylor, the Executors.]  This is the last Will and Testament of me Alexander Wedderburn of the City of Exeter Retired Officer of Inspector of Mail Coaches made in sound mind and memory and understanding I direct that all my just debts and funeral expenses be paid soon after my decease ffirst I give and bequeath the interest of all those my fifteen shares in the Great Western Railway unto my Wife Ruth for and during the term of her natural life And after her decease I give the interest or annual income of the said fifteen shares unto my daughter Margaret Nisbett Wedderburn for her life And after her decease to be divided between and amongst her Sisters share and share alike unto the surviving Sisters I am also Insured in the Asylum Life Insurance Office in the sum of three hundred pounds payable at my decease This sum I also give to my Wife for her life and after her decease to be divided between my Children both Brother and Sisters share and share alike as also all monies which shall belong to me in the City Bank of Exeter I give the interest to my said Wife for her life and after her decease to be equally divided between my Children I direct that my Wife shall take what portion of my household furniture and other effects she may think proper for her use during her life and after her decease the same to be sold and the produce equally divided between my said Children And lastly I appoint my Son William Thomas Wedderburn and my Son in Law James Taylor of London Executors of this my Will hereby revoking all former Wills by me made And I will and direct my said Executors shall not be answerable accountable the one for the other  of them or for any more money than he or they shall actually receive nor for any loss which may happen to my said Estate And they my said Executors may deduct and retain all such costs and expences as he or they shall sustain or be put unto in or about the executing of the trusts of this my Will In Witness whereof I have hereunto set my hand this twenty first day of October one thousand eight hundred and fifty two - Alexander Widderburn - Witness to the signature of the said Alexander Wedderburn - Paul Collings - Thos. Duffield.  In the Prerogative Court of Canterbury In the Goods of Alexander Wedderburn deceased Appeared Personally Paul Collings of the City of Exeter Innkeeper and made oath that he is one of the subscribed witnesses to the last Will and Testament of the said Alexander Wedderburn formerly an Inspector of the Mail Coach Department of the General Post Office London but late of the City of Exeter deceased the said Will being now hereunto annexed and bearing date the twenty first day of October One thousand eight hundred and fifty two And the Deponent further made Oath that on the aforesaid day of the date thereof the said Testator duly executed his said Will by signing his name Alexander Wedderburn at the foot or end thereof in the presence of him the Deponent and of Thomas Duffield the other subscribed witness thereto both of whom were then present together at the same time and thereupon he the deponent and the said Thomas Duffield in the presence of the said Testator and of each other respectively subscribed their names to the said Will as witnesses attesting the due execution thereof - P. Collings - On the 28th day of ffebruary 1853 the said Paul Collings was duly sworn to the truth of the aforegoing Affidavit by virtue of the annexed Commifsion Before me Ch. Ch. Bartholomew Commifsioner.  Proved at London 11th March 1853 before the Worshipful ffrederic Thomas Pratt Doctor of Laws and Surrogate by the Oaths of William Thomas Wedderburn the Son and James Taylor the Executors to whom Admon was granted having been first sworn duly to administer.

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This Will of Andrew Colvile was written on 4th June 1834. Andrew died in London on 3rd February 1856 and was buried in the churchyard of Holy Trinity, Brompton. His Will was proved in London on 12th February 1856 and Administration granted to his widow, the Honorable Louisa Mary Colvile.  [Andrew, the eldest surviving son of James Wedderburn of Inveresk and his wife, Isabella Blackburn, was born at Inveresk on 6th November 1779. His mother was the daughter of Andrew Blackburn, merchant in Glasgow, and Margaret, d. of Andrew Aytoun (second s. of Sir John Aytoun of Codour, provost of Glasgow, by the Hon. Margaret Colvile, eldest sister and co-heiress of Robert, third and last Lord Colvile of Ochiltree). In right of her mother, Isabella was heiress of Craigflower, co. Fife, and when, in May 1799, she inherited the property, her husband James Wedderburn assumed (by usage only) the additional surname and arms of Colvile of Ochiltree. - James died in 1807 and, in 1814 �by order in council and licence pursuant thereto�, Andrew took for himself and his heirs in possession of Craigflower the surname and arms of Colvile of Ochiltree in lieu of those of Wedderburn.]  Andrew had gone to London in 1796 and settled there in 1799. He was for many years a partner in the West India House of Wedderburn & Co. - formerly Webster Wedderburn and later Wedderburn Colvile & Co - in Leadenhall Street). On 27th December 1803 Andrew married Elizabeth Susannah Wedderburn, daughter of the then senior partner in the firm, John Wedderburn, late of �Spring Garden�, Jamaica, but Elizabeth died at Inveresk on 23rd December 1803. (She was buried there on  the first anniversary of her marriage.)  On 26th June 1806, Andrew married the Hon. Mary Louisa Eden, fifth daughter of William, first Lord Auckland. They had four sons and twelve daughters. (W.B. p. 308).  In 1824, a Robert Wedderburn, b. c1762 in Jamaica, wrote to a newspaper, �Bell�s Life of London� on the subject of slavery. In his letter he claimed to be a son of Andrew�s late father, James Wedderburn of Inveresk. Through the correspondence columns of the newspaper his claim was subsequently refuted by Andrew, though the Editor�s comments supported Robert. Contemporary historians are unanimous in supporting this view.  Robert Wedderburn, a Unitarian minister, known as �the Black Preacher�, had been imprisoned in Dorchester Gaol between 1820 and 1822 for �uttering blasphemy� in his Chapel in London. At his trial, he was said to be �a man of colour, the grandson of a planter and a slave�. Robert was so incensed by Andrew�s denial of his claim that later in 1824 he published a pamphlet giving vent to his feelings on the matter. In this pamphlet, which is to be found in the British Museum, Robert says that he could prove his claim to be the youngest of three sons of James Wedderburn, by a slave named Rosanna, belonging to a Lady Douglas. He said that his father had made him and his brother James �free� from birth and states that Andrew�s elder brother �had entertained all James� tawny children to dinner� when he was in Jamaica. (This elder brother, John Wedderburn, died in Jamaica in 1799.)  In the W.B. the pamphlet �purporting to give Robert�s background� is mentioned. The author says that it is not known whom Robert married but the IGI shows that Robert married Elizabeth �Tryan� at St. Katherine Creechurch in London in 1786. (The church marriage register shows that Elizabeth�s surname was �Ryan�). In the W.B. it shows that Robert had just two children, sons Jabez and Jacob, but Dorchester Gaol records confirm that Robert had six children, and four others (though not Jabez and Jacob] are shown in the London/Middlesex IGI. - William Wilberforce visited Robert while he was in gaol and Robert�s pamphlet, which bears a portrait of him - looking not at all �negroid� - is dedicated to him.]  This is the last Will and Testament of me Andrew Colvile of Ochiltree and of Crombie in the County of Fife Esquire  I charge all my real and personal estate with the payment of the annuity and legacies hereby bequeathed I give and bequeath to my Wife Louisa Mary Colvile in addition to such provision as she may become entitled to by virtue of the Articles executed previously to our Marriage or of a certain Scotch disposition or instrument in writing bearing date the twenty ninth day of May One thousand eight hundred and twenty three one clear annuity or yearly sum of four hundred pounds of lawful money of Great Britain free from all deductions to be paid by equal half yearly payments or portions on the twenty fourth day of June and twenty fifth day of December each and every year or as soon afterwards as circumstances will permit the first of such half yearly payments to be made on such of the said days as shall first happen after my decease or as soon as afterwards as circumstances will permit I give to my said Wife Louisa Mary Colvile all my Household goods furniture pictures prints plate linen books wines and china for her absolute use and benefit and my Will is that my Esablishment be continued and kept up for the space of three calendar months next after my decease at the expence of my Estate And in pursuance and exercise of a power of appointment to me limited and reserved in and by a certain Indenture of Settlement [p. 2] or Declaration of Trust bearing date the twenty eighth day of November One thousand eight hundred and six I do by this my Last Will duly signed and published by me in the presence of and attested by the three credible persons whose names are intended to be hereunto subscribed as witnesfses direct and appoint that the sum of Ten thousand pounds in the said Indenture mentioned to be secured by my Bond and which still remains but on my said Bond shall be divided in equal shares and proportions between and amongst all such of my younger sons and unmarried daughters living at my decease or born in due time afterwards as being a son or sons shall then have attained or shall afterwards attain the age of twenty one years or being a daughter or daughters shall then have attained that age or shall afterwards attain that age or marry under that age and I give to each of my younger sons that shall become intitled to any share of the said sum of Ten thousand pounds such further sum as will make up with such share the sum of Three thousand pounds and to each of my daughters that shall become intitled to any share of the said sum of Ten thousand pounds such further sum as will make up with such share the sum of two thousand pounds and I direct that the interest of their respective presumptive shares of the said sum of Ten thousand pounds and interest on such presumptive additional sums as aforesaid from my decease after the rate of four pounds per centum per annum shall from time to time until such shares and additional sums shall become vested be paid to my said Wife if living and if dead to the guardians and guardian for the time being of my said children to be applied for and towards the maintenance of such children respectively during their respective minorities I give and devise All the rest and residue of my real and personal Estate unto and to the use of my son James William Colvile his heirs executors and administrators but in case he shall die during my lifetime then I give and devise the same to my  son Eden Colvile and his heirs executors and administrators and in case both my said sons should die in my life time then I give and devise the same to my Eldest son for the time being living at my decease or born afterwards his heirs executors and administrators but if I should leave no son living at my decease or born afterwards then I give and devise and bequeath the same equally to be divided between and amongst all my daughters whether married or unmarried that shall be living at my decease and the issue then living of any daughter or daughters that shall have died in my lifetime leaving issue [sic] and their respective heirs executors and administrators but so neverthelefs  that the ifsue of any deceased daughter shall only have and be entitled and in equal proportions if more than one to the share such daughter would have taken if living [And I hereby constitute nominate and appoint my said Wife Louisa Mary Colvile my said son James William Colvile my brother Peter Wedderburn Ogilvy and my brother in law George Lord Auckland and the survivors and survivor of them the guardians and guardian of my said children during their respective minorities and also the Executrix and Executors of this my Will and I do hereby revoke all former Wills by me at any time made And I do declare this to be my last Will and Testament In witnefs whereof I the said Andrew Colvile the Testator have to this my last Will and Testament and to a duplicate thereof set my hand and seal this fourth day of June in the year of our Lord One thousand eight hundred and thirty four Andrew Colville Signed Sealed published and declared by the said Andrew Colvile the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other subscribe our names as witnefses thereto__ Thos. Atkinson__William Loxham Farrer __Francis Worship } all of No. 66 Lincolns Inn Fields Gentn.  Proved at London the 12th Feby 1856 before the Worshipful James Parker [p.3] Deane Doctor of Laws and Surrogate by the oath of the Honorable Louisa Mary Colvile Widow the Relict one of the surviving Executors to whom Admon was granted having been first sworn duly to administer Power reserved of making the like grant to Sir James William Colvile Knight the son and Peter Wedderburn Ogilvy Esquire the Brother the other surviving Executors when they shall apply for the same.

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Ann Wedderburn In Note 1(b) on p. 522 of W.B. Vol. II, under �Some references to the name of Weatherburn� (which follows the list of �Wedderburn� Wills), it shows:  �1813. August - Administration of Ann Weatherburn or Weatherbourne of Castlegate, Berwick-on-Tweed�.  On p. 504 of W.B. Vol. I, under �Miscellaneous Notes� (presumably about the same person), it shows: �Anne Wedderburn, an old Miser, who died 17 July 1813. See Scots� Magazine 1813, p. 640, where some account of her personality is given, but none of her history�.  Bob W. of Dorset�s Notes show: �Ann Wedderburn who lived in Castlegate, died in July 1813, aged 70, and was buried at Berwick on Tweed�.  Derek & Pauline W.�s Notes show: �Ann Wedderburn of Castle Gate, Berwick, was buried at Holy Trinity Church Berwick on 18/7/1813�.  (Between all of these, there is a complete record of Ann/Anne�s death, if not of her life!)  It would seem that Ann is the Ann Weatherburn bap. at B-on-T on 22/10/1745, d. of  James �Widderburn� (bap. 7/5/1710, and described by John Fuller, M.D., in his �History of Berwick on Tweed�, 1799, as � the father of the Corporation�).  James Wedderburn m. Jean Hay on 25/11/1744 at Eyemouth (another entry shows the m. of James Weatherburn to �Jane� Hay on 6/12/1743 at B-on-T. - According to Bob W�s Notes, �Jane wife of James Weatherburn� was buried at B-on-T on 24/10/1796).  James was admitted a Freeman of B-on-T in 1730. His two sons, John (bap. 1747) and Robert (b. 1751), were admitted as Freemen in 1768 or 69 and 1774. (In 1806 they were both Carpenters in London.) Ann Weatherburn, �d. of James Weatherburn� was bap. on 22/10/1745 at Berwick upon Tweed. (In view of the upheaval of the Jacobite Rebellion at the time, she may well not have been baptised until she was over a year old.  The following Admon. is to be found at Myddleton House, London:  Anne Weatherburn otherwise Weatherbourne: �On the thirtieth day [of August 1813] Admon. of all and singular the Goods Chattels and Credits of Ann Weatherburn otherwise Weatherbourne formerly servant to Mr. Home of Kensington in the county of Middlesex and late of Berwick upon Tweed  Spinster Deceased was granted to John Weatherburn the natural and lawful Brother and one of the next of kin of the said dec�d having been first sworn by Comon duly to Admr.� - Estate Sub. �200. *********  William Weatherburn (bap. 1720) was apprenticed to �James his brother� on 4/6/1736. - It seems to be this William who m. Elizabeth Coltrop at Berwick on Tweed on 10/11/1746 and who �was deceased before the end of 1753�. (Freemen�s records.). William and Elizabeth appear to be the parents of Elisha (bap. 1747 - who was buried at B-on-T, as �Elias�, on 9/12/1792); Ann (bap. 1750 - no doubt the Ann of Shaws Lane, Berwick, who died on 2/3/1819); and William (b. c1752, Customs Officer �of the Woolmarket�, who died on 28/7/1818, aged 66, and was buried at B-on-T on 31/7/1818). - If this is correct, then these three are first cousins of James� and Jean�s children, Ann, John & Robert, above.  Note: The first mention of the name of Wedderburn is in the famous �Ragman Roll� of 1296, when Walter de Wedderburn, one of the lesser barons of Scotland, swore fealty to Edward I.  Before the middle of the fifteenth century, however, the lands of Wedderburn, co. Berwick, were in the possession of the Homes, a branch of which family were then and have ever since been designed �of Wedderburn�. (W.B. Vol. I, Introduction, p. x)

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[This is the Will of the 2nd, but eldest surviving, son of Sir James Webster-Wedderburn (e.s. of David Wedderburn of Pearsie). Charles was b. in Piccadilly, London, on 1/7/1820 and was educated at the Charterhouse. He joined the army and served as a captain in India and also served in the Franco-Prussian War. He was for some time Governor of the Borough Gaol at Armley, Yorkshire. He m. three times: i) Mary Ann Taylor (d. of H. Taylor) who died in India; ii) Ann Helyar (d. of Wm. Helyar of Coker Court, Somerset and Sedgehill House, Wilts.), by whom he had four sons and a five daughters; iii) Emily Honoria Helyar (d. of the Rev. H.W. Helyar, of Sutton Bingham, Somerset). Charles died on 28/2/1886. - W.B. p. 335-36] (Charles� e. surv. son, Arthur, became �Inspector of Constabulary� in Jamaica. He was killed in the earthquake of 1907. (See p. 256 of �Naval Reminiscences� of Admiral Sir Frederick William Fisher. Arthur so closely resembled his brother �Jackie� Fisher, he says, that he was known to his naval friends as �J.F. Mark II�. - Admiral Sir Fred. gave Howard�s mother a gold kingfisher brooch!)  I Charles Francis Webster-Wedderburn at present residing at 74 Warrior Square St. Leonard�s on Sea do make this my last Will and Testament revoking all other Wills - I will to my dear son Arthur the following my gold watch & chain by Dent all my family miniatures the fittings of my dressing case mounted in silver the Wedderburn pedigree book my diaries bound my silver teapot my eagle pen my silver salt sellers [sic] my family brass bound mahogany desk - I will to my dear son Edward my Greuze picture the painting on ivory of Montacuk - I will to my dear son Annesley my Russian watch & chain my silver cream jug my Spanish cigar lighter my gold horse shoe pin my pearl studs - I will to my dear daughter Violet any two pictures painted by me she may choose - I will to my wife Emily any two pictures painted by me she may choose - I will to my nephew Howard Bishop my Shackspeare [sic] in 3 volumes illustrated by Gilbert - I will that all the rest of my pictures plate books linen &c be equally divided between my dear sons Arthur and Annesley my dear son Edward having already received his share - I bequeath all moneys belonging to me wheresoever invested my Army and Navy Co-operative share & bonus any balance there may be at my Bankers after my funeral expences are paid to be equally divided between my three sons Arthur Edward & Annesley I wish to be buried at Bournemouth in the same grave & next to my darling wife Annie & I wish a packet which will be found in my desk to be buried with me I wish my dear children among them to pay 10 shillings a year to the Sexton of Bournemouth Cemetery for the keeping in order of their dear mother�s grave I wish the following inscription placed on my monument - To the memory of Charles Francis Webster-Wedderburn late of the 53rd Light Infantry eldest son of the late Sir James & the Rt. Honble. The Lady Frances Webster-Wedderburn & grandson of George 1st Earl of Mountmorris 8th Viscount Valentia Died ------ Aged ----- As it will cause much trouble and expence having the obelisk taken down to have the above carved on it I think it will be best to have the above engraved on a copper plate & let in at the back of the monument - I wish my funeral to be as simple as possible - Signed by me the said Charles Francis Webster Wedderburn this twenty first day of October eighteen hundred and eighty five in the presence of the following two witnesses who signed in the presence of each other ---- C.F. Webster Wedderburn - Witnefsed by us in the presence of each other � Thomas Page Hall Porter East Sussex club St. Leonards on Sea Arthur Rance Valet East Sussex Club St. Leonards on Sea. (Affadavit of due execution filed) On the 5th May 1886 Admon (with the Will annexed) of the effects of the Testator was granted to Edward Webster Wedderburn the natural and lawful  Son and one of the next of kin.

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[This Will of Charles Wedderburn of Pearsie was written on 3rd June 1828. Three codicils were added, one on the same date as the Will another the following day and the third on 10th February 1829. It was proved at London on 4th May 1829. According to the W.B., Charles, the second s. of Robert Wedderburn and Isobel Edward, was b. at Pearsie on 1/8/1748, though the Angus IGI shows the baptism of Charles Wedderburn, s. of Rot. Wedderburn, at Kingoldrum on 21/7/1748. (This discrepancy is explained by the fact that through the �New Calendar Act� of 1751, by which the Gregorian replaced the Julian calendar, eleven days were �lost� between the 2nd  and 14th September 1752 and Charles� birthday is shown according to the �new� calendar. - In England the new year was also changed in 1852, from 25th March to 1st January, although this had taken place in Scotland in 1600.)  Charles matriculated at St. Andrew�s University in 1762 and in 1765 he sailed for India where he entered the military service of the Hon. East India Company. He is said to have been aide-de-camp to Brigadier David Wedderburn (elder brother of Alexander, later Lord Loughborough, Earl of Rosslyn) who was commander of the forces in Bombay. Charles was a cadet in 1770, got rank as a captain in 1781 and retired in 1785. - In his (unpublished) MS, �J.W.� apparently says: �I believe that he practised medicine, but from his reluctance to speak of himself, I failed to obtain any memoranda of his service�. (W.B. p. 326)  In 1779 Charles bought Pearsie from his father and �A.W.� says that �he must have been home, I think, in 1779, when his father, with the consent of his wife and his eldest son, John, sold to Lieut. Charles Wedderburn, his second son, his landed estate, subject, apparently to his own life-rent�. - A letter written to Charles in India, by his brother David, in 1779 (found in the Dundee City Archives) indicates otherwise, however, and on p. 333 of Vol. 11 of the W.B., n.137, it says that the original document (Edin. 15 Jan. 1779) has the signature of Robert Wedderburn and his eldest son, John Wedderburn. (In the letter from David to Charles, David says that John was at Pearsie in 1779 and that on his birthday, in July of that year, John left home and went went to Aberdeen.) In February 1786, on his father�s death, Charles took possession of the property and the following year he married his second cousin, Anne Read. She died on 20 November 1789 and in December 1797 Charles married Eliza Rattray, who died on 25 February 1823. There were no children from either marriage. Charles died at Pearsie on 15th February 1829, aged 80.]  Charles Wedderburn, Esquire   At Edinburgh the sixth day of March one thousand eight hundred and twenty-nine years In presence of the Lords of Council and Sefsion compeared Sir John Hay Advocate procurator for Charles Wedderburn who ?afsigned and gave in the trust settlement and Council underwritten to be entered in the books of Council and Sefsion conform to law which the said Lords ordained to be done accordingly whereof the tenor follows Know all Men by these presents that I Charles Wedderburn Esquire of Pearsie considering that I have settled the succefsion to my lands and estate of Pearsie and others with the ?pertinents lying within the Barony and parish of Kingoldrum ?Royality of Aberbrothie and Sheriffdom of fforfar by a disposition and deed of tailzie bearing date the eighth day of ffebruary in the year one thousand eight hundred and twenty one in favour of myself and the series of heirs therein Specified and which deed I do hereby homologate and approve in the whole ?? articles and contents thereof excepting always those parts thereof which relate to the provisions settled on Mrs. Elizabeth Rattray or Wedderburn my wife by previous deeds it thereby being exprefsly declared that all provisions in the ?? together with every deed constituting the same of a date prior to these presents with the exception of the contract of marriage between her and me and the provisions therein contained shall be hold to be completely done away and cancelled I having by a deed of even date herewith settled other provisions on my said wife that I being desirous to settle the succefsion to my other property of every description in manner undermentioned and having the most perfect confidence in my friends after named for carrying my wishes into effect and executing the trust hereby created therefore I have afsigned conveyed and disponed as I by these presents in the event of my death without having lawful heirs of my body but with and under the burdens provisions declarations reservations power and faculty after written and to and for the uses and purposes hereinafter specified afsign convey and dispone from me my heirs and succefsors whomsoever to and in favor of Sir David Wedderburn Baronet post master General for Scotland The Reverend William Addison ffontaine Rector of Middleton Saint George County of Durham William Watkins Esquire Banker in Daventry Northamptonshire Peter Wedderburn Ogilvie Esquire of Ruthven David Graham Esquire /and John Graham Esquire/ my nephews both Merchants in London and  Alexander Pearson Writer to the Signet or such of them as shall accept thereof and the accepting survivors or survivor of them the majority of the said accepting Trustees while there are more than two being always a quorum or in case of the death nonacceptance or  resignation of one or more of the said Trustees to and in favor of such person or persons as the said accepting Trustees Quorum or the surviving one of them shall think proper to name and afsume for the better execution of the trust under written and to and in favor of such other person or persons as such afsumed Trustees Quroum as constituted as aforesaid or Trustee shall in like manner think proper to name and afsume and for all which power is hereby exprefsly given and failing of such afsumption to and in favor of the heir male of the last Trustee acting for the same all and sundry lands houses heritable bonds and all other heritable subjects of every description other than and excepting always the said lands and estate of Pearsie and others settled in entail as above mentioned as also all debts funds and objects of a personal nature money or stock in the Government or public funds with all interest or dividends due thereon and all sums of money belonging to me wherever the same may be placed household furniture including bed and table linen plate china books prints pictures paintings wines liquors clothes trinkets carriage carriage horses and harnefs farm stock and implements crops and in general all my whole personal funds and effects which may be belonging to me any manner of way at the time of my death with the whole title deeds securities documents and vouchers of the said whole property generally before conveyed and all clauses and obligations therein but in trust always for the for the uses ends and purposes under written and in the terms after exprefsed viz. Primo [in margin] In the first place my said Trustees or Trustee shall out of the proceeds of my said estate and funds satisfy and pay my deathbed and funeral expences and the necefsary charges attending the execution of this trust and also shall pay all the just debts which shall be due by me and fulfil all legal obligations in which I may stand bound at the time of my death and particularly shall pay the annuities and sums of money settled on my said Wife in case she shall survive me by our contract of marriage and the deed of provision executed by me in her favor of even date herewith Secundo [in margin] In the second place I direct my said Trustees or Trustee to afsign and make over to the heir of entail in my said Estate of Pearsie and others immediately after my death the whole household furniture in my Mansion house of Pearsie of every description including therein as aforesaid excepting such parts thereof as I may think fit to dispose of otherways together with the whole ffarm stock and implements and crops which be then on the lands of Pearsie in my own pofsefsion and all which are to become the absolute property of my said Heir of Entail declaring that the furniture in my said Mansion house of Pearsie with the exception above mentioned shall descend to the heirs of entail as heir looms in the family of Wedderburn of Pearsie in all time coming. Tertio [in margin] In the third place I direct my Trustees or Trustee to pay such legacies or annuities as I may think proper to point out by any memorandum letter or other writing however informal and signed by me to any of my servants or other persons whomsoever thereby recommending to my said heir of entail who may succeed to me if he she [sic ?shall] see proper to continue such of my servants in their present situation as may have been in my employment at the time of my death Quarto [in margin] In the fourth place I direct and appoint my said Trustees or Trustee to pay to my friends after mentioned respectively the annuities under written viz To my Nephew Sir James Webster Wedderburn an annuity of fifty pounds sterling To each of my Nieces Mifses Isabella and Catherine Graham of Balmure an annuity of fifty pounds To my Nephew Robert Graham Esquire of London an annuity of fifty pounds To my Niece Mifs Isabella Stormonth residing in Dundee an annuity of thirty pounds all which annuities shall be payable to the said several parties respectively at the terms of Whitsunday and Martinmas in each year by equal portions beginning the first half yearly payment thereof at the first term of Whitsunday or Martinmas that shall happen after my death for the half year preceding that time and thereafter to be payable as aforesaid during the respective lives of the annuitants Quinto [in margin] In the fifth place I direct my said Trustees or Trustee to pay to my friends after named the legacies under written which I hereby bequeath to them respectively videlicit [viz] To my Nephew Doctor Alexander Stormonth physician residing at Broughty fferry the sum of one thousand pounds to John Maxwell Esquire residing in Dundee the sum of one thousand pounds To the said Sir David Wedderburn Baronet the sum of one thousand pounds and that over and above the sums which I have already given or become bound to pay to him or on his account To my Nephew the said John Graham the sum of two thousand pounds To the Reverend John Buchan Episcopal Minister of Kirriemuir the sum of one hundred pounds to Lieutenant Colonel Alexander Wedderburn the sum of one hundred pounds To the said Reverend William Addison ffontaine the sum of one hundred pounds To the said William Watkins the sum of one hundred pounds and to the said Alexander Pearson the sum of five hundred pounds sterling and also to the Governors or Manager of each of the Infirmary of Dundee and Lunatic Asylum as under for behoof of those Institutions respectively the sum of one hundred pounds to the Governors or Managers of the Indigent sup? Society of Dundee for behoof of that Institution the sum of fifty pounds all sterling money and also to pay any other legacies and annuities which I may hereafter legate and bequeath at any time of my life or even on death bed by any codicil hereto letter memorandum or other writing signed by me however informal all which legacies whether above specified or which may afterwards be bequeathed by me shall be payable at the first term of Whitsunday or Martinmas which shall happen after my death with interest from the said term till actual payment and Lastly [in margin] lastly with regard to any residue or remainder of my said trust estate and funds after satisfying and fulfilling the whole ends uses and purposes of these presents I hereby direct my said Trustees or Trustee to pay afsign convey dispone the same to and in favor of the said heir of entail who may succeed to me in the said Estate of Pearsie and others as aforesaid and the heirs and afsignees whomsoever and I do hereby accordingly appoint the said Heir of Entail and his foresaids to be my residuary Legatees under these presents and further it is hereby declared that on the lapsing of the annuities left or to_left [sic] by me whatever capital sums the said Trustees or Trustee shall deem it expedient to set apart for answering the said several annuities shall on these events respectively taking place be paid over to the said heir of entail and his foresaids who shall succeed to me as aforesaid hereby exprefsing declaring that if my said whole trust funds exclusive always of the household furniture farm stock and others hereinbefore disposed of shall not be sufficient for payment of all my debts and the legacies and annuities herein contained or which may yet be left by me then the said heir who shall succeed to me in the said Estate of Pearsie and others and the other heirs of entail succeeding to him therein shall be burdened with such deficiency and obliged to pay the same accordingly and I also give full power and authority to my said Trustees or Trustee to collect and uplift or afsign convey discharge renounce sell or dispose of the whole trust subjects hereby generally conveyed excepting such parts thereof as are hereby or may yet be otherwise disposed of and that either by public roup or private bargain and to reserve the price thereof and also to lend out or invest on heritable or personal security or in the Government or public funds such sums as shall be sufficient for answering the different annuities left or to be left by me and I do hereby accordingly empower my said Trustees or Trustee to grant all proper discharges acquittances transfers renounciations conveyances dispositions and all other deeds nefcesary containing the usual requisite clauses hereby further declaring that neither the persons who may be purchasers nor those to whom any part of the trust funds may be lent out for answering the purposes of this trust shall have any concern with the application of the said trust funds or any part thereof but they shall be completely excluded by the simple discharge of my said Trustees or Trustee and I likewise hereby empower and authorise them or him to compound transact agree all questions debates and differences relative to the trust affairs or to submit and refer the same which transactions or submifsions with the decrees arbital one or more to follow thereupon are hereby declared valid and effectual to all intents and purposes and with power to the said Trustees or Trustee to nominate or appoint either one of their own number or any other person to be factor under them or him and to make such allowances to such factor as to them or him shall seem proper  and I do /also/ hereby nominate and appoint my said Trustees or Trustee to be Executors and administrators Executor or administrator of to and with my whole personal funds of every description hereby exprefsly excluding all others therefrom and I also exprefsly declare that my said Trustees or Trustee either in the capacity of such Trustees or of Executors and administrators shall not be liable for omifsions of any kind nor for the insolvency of factors or parties to whom they or he may have occasion to lend out any of the trust funds farther than /that/ they were ?liable and repute responsible at the time of appointment or transacting with them nor shall they be responsible for the intromisfsions of one another but each of them only for his own actual intromifsions and no further and I hereby bind and oblige myself and my foresaids to make up and establish all proper and legal titles to the subjects herein generally conveyed as may be deemed necefsary and to sign execute and deliver all requisite deeds to and in favor of my said Trustees or Trustee containing all proper and necefsary clauses for establishing in their persons legal and valid titles to the same so as my settlements may be carried into full effect and I do hereby revoke and recall all previous settlements made by me and all provisions or bequests therein contained except the provisions in favor of my said Wife contained in our contract of marriage and those in her favor contained in the deed executed by me of even date herewith and excepting also the foresaid deed of entail of the said Lands and Estate of Pearsie above mentioned but reserving always not only my own life rent of the whole trust estate and funds herein generally afsigned and disponed but also full power and liberty to me to alter revoke or burden these presents in whole or in part as I shall think fit at any time in my life and even on death bed but declaring that that these presents in so far as not altered shall be a good valid and effectual deed tho� found lying in my depositories at the time of my death or in the custody of any person to whom I may intrust the same notwithstanding of any law or practice to the contrary hereby dispensing with the delivery hereof and I consent to the registration hereof in the books of Council and Sefsion or any other books competent therein to remain for preservation and for which purpose I constitute Sir John Hay advocate my procurators In witnefs whereof these presents written on this and the two preceeding pages of stamped paper by John Macdowall apprentice to the said Alexander Pearson and subscribed by me at Pearsie the third day of June in the year one thousand eight hundred and twenty eight before these witnefses William ffarquharson ffarmer at Pearsie and Thomas Dobie my House Servant signed Charles Wedderburn - William Farqharson  Witnefs Thomas Dobie Witnefs  I the within designed Charles Wedderburn  in virtue of the powers within reserved and inherent in me do hereby make the following additions and alterations on the foregoing deed viz In the first place I do hereby nominate and appoint the Right Honourable David Earl of Airly to be a trustee along with the other parties within named for the uses ends and purposes and with the powers and privileges all specified in the foregoing deed and further I hereby leave to my Niece Isabella Stormonth an additional annuity of twenty pounds payable as the within mentioned annuity of thirty pounds to her I hereby revoke and recall the foresaid legacy of one thousand pounds to the said Sir David Wedderburn but in lieu thereof I hereby legate and bequeath to Dame Margaret Wedderburn his Wife the sum of one thousand pounds and I hereby provide and declare that the said sum of one thousand pounds so left to the said Dame Margaret Wedderburn shall not be subject to the control debts or deeds of her said husband nor be liable to the diligence of his Creditors the same being exprefsly destined for her alimentary use and further declaring that any sums formerly given by me to the said Sir David Wedderburn or become bound for by me or upon his account shall in like manner not be subject or liable to be attached for his debts or deeds or by the diligence of his creditors the same being also exprefsly destined for his alimentary use farther I hereby reduce the legacy left to my Nephew the foresaid John Graham as within mentioned being two thousand pounds to the sum of one thousand pounds I also leave the following legacies to the persons after named viz To Peter Wedderburn son of Peter Wedderburn Ogilvie Esquire of Ruthven the sum of fifty pounds To John ?Mallock Surgeon in Kirriemuir as a mark of my regard for his unremitting attention the sum of one hundred pounds and to Charles Wedderburn Walker son of John Walker my Gardener the sum of fifty pounds the above mentioned legacies to be paid in manner as specified in the foregoing deed hereby confirming the said deed in all points except in so far as hereby altered and I consent to the registration of the Codicil along with the foregoing deed for which purpose I constitute Sir John Hay advocate my procurators In witnefs whereof this Codicil partly written on the fourth page of the said deed and partly on this page of another sheet of stamped paper by Alexander Pearson within designed is subscribed by me at Pearsie the tenth day of ffebruary in the year one thousand eight hundred and twenty nine before these witnefses Thomas Dobie and Thomas Addison both my house Servants signed Charles Wedderburn - Thomas Dobie  Witnefs James Addison  Witnefs - Extracted furth of the Records of the Court of Sefsion in Scotland upon these twenty two pages of stamped paper by me Thomas Peat WS Principal Keeper of the said Records Tho Peat    At Edinburgh the sixth day of March one thousand eight hundred and twenty nine years In presence of the Lords of Council and Sefsion compeared Sir John Hay advocate procurator for Charles Wedderburn after designed and gave in the additional bond of provision underwritten desiring the same to be registered in the books of Council and Sefsion conform to law which the said Lords ordained done accordingly whereof the tenor follows Know all Men by these presents that I Charles Wedderburn Esquire of Pearsie considering that by contract of marriage betwixt Mrs Elizabeth Rattray or Wedderburn /my/ wife and me bearing date the first day of December one thousand seven hundred and ninety seven I settled an annuity of two hundred and fifty pounds sterling on my said Wife restrictable as therein mentioned as that I thereby also left to her the sum of five hundred pounds sterling in lieu of all claim for furniture all in the event of her surviving me and which provisions in the terms therein specified hereby homologate and approve that I am about to execute a trust disposition and settlement of all my affairs and being desirous to make other and additional provisions on my said Wife Therefore I do hereby bind and oblige my heirs executors and Successors whomsoever execepting always from this obligation the heirs of entail succeeding to me in my Lands and Estate of Pearsie in virtue of a disposition and deed of Tailzie executed by me and dated the eighth day of ffebruary in the year one thousand eight hundred and twenty one and the said entailed estate but who nevertheless are to be burdened to the Extent /and in the/ event specified in my said trust disposition and settlement and the Trustees whom I am about to appoint as aforesaid and all the trust property under their management to pay the additional annuity and sums of money to my said Wife over and above those settled on her by our Contract of marriage but that only in the event of her surviving me and under the conditions after mentioned viz an annuity of two hundred and fifty pounds sterling the sum of five hundred pounds for additional furniture and the sum of one thousand pounds sterling to enable her to purchase a dwelling house but I do hereby exprefsly declare that if my said Wife shall enter into a second marriage then the said annuity of two hundred and fifty pounds sterling hereby settled on her shall be and the same is hereby restricted to the sum of one hundred pounds sterling per annum and to commence as at the first term of Whitsunday or Martinmas after the entering into such second marriage which additional annuity of two hundred and fifty pounds sterling restrictable as above mentioned and the aforesaid sums of money shall be respectively payable as above mentioned and the aforesaid sums of money shall be respectively payable at the same terms and in the same manner in every respect as specified in our said contract of marriage with regard to the annuity and sum of money thereby settled on her hereby reserving full power and liberty to myself at any time of my life and even on death bed to alter or revoke in whole or in part these presents but declaring that the same in so far as not altered or revoked shall be a good valid and effectual deed though found lying in my repositories at the time of my death or in the custody of any person to whom I may intrust the same any laws or practice to the contrary notwithstanding dispensing hereby with the delivery hereof and I consent to the registration hereof in the books of the Council and Sefsion or other books competent therein to remain for preservation and for that purpose I constitute Sir John Hay advocate procurators In witnefs whereof these presents written on stamped paper by John Macdowall apprentice to Alexander Pearson Writer to the Signet are subscribed by me at Pearsie the third day of June in the year one thousand eight hundred and twenty eight before these Witnefses William ffarquharson ffarmer at Pearsie and Thomas Dobie my house servant the place and date of signing and the names and designations of the Witnefses being inserted by the above designed Alexander Pearson. signed Charles Wedderburn - William Farquharson Witnefs - Thomas Dobie  Witnefs - Extracted furth the Records of the Court of Sefsion in Scotland upon the six preceding pages of stamped paper by me Thomas Peat Writer to the Signet and principal Keeper of the Record of Deeds and Probates writs & conform to act of parliament. Tho Peat  At Edinburgh the eighteenth day of April eighteen hundred and twenty nine in presence of the Lords of Council and Sefsion compeared Sir John Hay advocate procurator for Alexander Pearson writer to the signet ?Ingiver of the Codicil of legacies  & under written desiring the same might be registered in the books of Council and Sefsion conform to act of parliament anent the registration of probative writs & which desire said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows viz I Charles Wedderburn Esquire of Pearsie bind my representatives and also direct the Trustees under my settlements to pay the following annuity and legacies after my death out of my personal Estate viz To Thomas Dobie my Coachman and annuity of twenty five pounds to William ffarquharson my Grieve a legacy of one hundred and fifty pounds To John Walker my Gardener a legacy of two hundred pounds To Elizabeth ffinlay my Maid Servant a legacy of three hundred pounds which unless recalled by me shall be in full to all of them of every thing they can claim under any settlement hitherto executed by me and the same shall be payable although these presents may be found in my pofsefsion undelivered at the time of my death In witnefs whereof I write and subscribe these presents at Pearsie the fourth day of June in the year eighteen hundred and twenty eight - signed Charles Wedderburn. Extracted furth of the Records of the Court of Sefsion in Scotland upon these two pages of stamped paper by me Thomas Peat Writer to the Signet Principal Keeper of the Records of deeds and probative writs & conform to act of parliament. Tho Peat.#  Proved at London with 3 Codicils 4th May 1829 before the Judge by the oath of John Graham Esquire the nephew one of the Executors named in the Will to whom admon was granted being first sworn by Commifsion duly to administer power reserved of making the like grant to Sir David Wedderburn Baronet The Reverend William Addison ffontaine Clerk William Watkins Peter Wedderburn Ogilvie Esquire David Wedderburn heretofore Graham Esquire the nephew and Alexander Pearson the other Executors named in the Will and the Right Honble David Earl of Airly the executor named in the third Codicil when they shall apply for same.

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[Christopher �Stewart� Wedderburn (b. 1813) wrote this his Will on 22nd July 1880. He died on 20th October 1882 and was buried at St. Mary�s Church, Ashford, Kent.]  This is the last Will and Testament of me Christopher Wedderburn of Number 40 Freegrove Road Hill Martin Road Holloway in the County of Middlesex but now temporarily staying in the County of Kent Gentleman I appoint my son Christopher William Wedderburn and Ebenezer Chapman of Ashford in the County of Kent Brewer Executors and Trustees of this my Will I bequeath to my said son Christopher William Wedderburn for his own absolute use the following articles of plate and other articles presented to me as testimonials namely one silver teapot one silver cream jug one silver snuff box one clock framed list of subscribers to testimonials two silver candlesticks and one silver mounted Goblet I bequeath unto the said Christopher William Wedderburn and Ebenezer Chapman and the survivor of them and the executors administrators and afsigns of such survivor (hereinafter designated �my Trustees�) All that my leasehold house and premises wherein I now reside known as number 40 Freegrove Road Hill Martin Road Holloway aforesaid And also my household furniture plate linen china glass books pictures and other household effects (except such articles as are hereinbefore specifically bequeathed to my said son Christopher William Wedderburn) and also All that policy of Assurance effected on my own life with the City of Glasgow Life Assurance Society and the sum of three hundred pounds thereby and all other moneys to be recovered or obtained under or by virtue of the said Policy Upon trust that they shall as soon as conveniently may be after my decease sell and dispose of my said leasehold house and premises and household furniture and effects hereinbefore mentioned either by public auction or private contract and for such reasonable price as they may deem it desirable to accept and as to the said leasehold and premises subject to such special or ordinary conditions and stipulations of sale as they may think or be advised to be requisite And I direct my Trustees of the proceeds of my said trust estate to pay my funeral and testamentary expenses and debts and to divide the net residue into six equal parts on of which shall be paid to each of my six children namely (1) Emma the wife of Harry Willard (2) Mary Wedderburn Spinster (3) the said Christopher William Wedderburn (4) Caroline the wife of Augustus Brown (5) Jane Wedderburn Spinster and (6) Alice the wife of William Tucker Esquire but in case any or either of them shall die in my lifetime without leaving ifsue the share or shares of him or her or them so dying shall go to the survivors I hereby declare that all sums of money paid under this my Will to such of my daughters as may be married women shall be for her sole and separate use free from and independent of the debts control or engagements of her husband and so that her receipt alone shall be a valid discharge without his signature or consent As to the residue of the real and personal property whatsoever and wheresoever which may belong to me at my decease I devise and bequeath the same to my said son Christopher William Wedderburn his heirs executors and administrators absolutely but subject as to property vested in me as Trustee or mortgagee to the equities affecting the same respectively I revoke all former Wills In witness whereof I have hereunder set my hand this twenty second day of July in the year of our Lord one thousand eight hundred and eighty - Christopher Wedderburn - Signed by the said Testator as his last Will and Testament in the presence of us present at the same time and we at his request in his presence and in the presence of each other have hereto subscribed our names as witnefses - H.B. Bradley Folkestone Solicitor - George Robinson his Clerk On the 7th March 1883 Probate of this Will was granted to Christopher William Wedderburn and Ebenezer Chapman the Executors.

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[This Will of David Webster was written on 10th November 1787 with a codicil added the following day. It was proved at London on 2nd January 1788 with Admon granted to his brother James Webster, the sole Executor. David is the brother of John, James, George and Doctor Thomas Webster, sons of George Webster (according to the Angus IGI) and Beatrice Proctor, half-brothers to Isabel Edward of Pearsie (Beatrice�s daughter by her first marriage, to David Edward). In the W.B., �A.W.� does not give the Christian name of Beatrix [sic] Proctor�s second husband but says only that �she married a Mr. Webster, a Merchant in Dundee�. (In the Angus IGI it shows that a David Webster, s. of George Webster, was baptised at Newtyle, Angus, on 18/1/1739 but I suspect that this David was born before then. - Neither Beatrice Proctor�s marriage to David Edward not her marriage to George Webster appears in the Angus IGI and it may be that David�s baptism has not been entered either.) In a disposition by members of the Webster family, dated 10th December 1767, David Webster is described as �druggist in London�. His signature is witnessed, 29 Sept. 1757, by a John Wedderburn [not identified], his apprentice.  W.B. Vol.11, p. 197, n.103]  In the Name of God Amen This is the last Will and Testament of me David Webster of Leadenhall Street London Merchant In the first place I do will and order that all my just Debts and ffuneral Expences be fully paid and satisfied Whereas I have lately built a capital Mefsuage or Dwellinghouse on Clapham common in the County of Surry [sic] on certain Leasehold Lands there in which Building and Premifses I have already laid out four thousand Pounds and upwards Now I do hereby Give and Bequeath the said Capital Mefsuage with all and singular the Appurtanences thereunto belonging and all my Right and Interest therein and to the Lease thereof  unto my Brother James Webster for and during the term of his natural life upon Condition that he do pay or cause to be paid unto my Brother Doctor Thomas Webster the Sum of one hundred and twenty pounds per annum clear of all Taxes and Deductions whatsoever which is /?much/ below four pounds ten shillings /per cent/ per annum on the Money I have already laid out on the abovementioned Premisfses and after the death of my said Brother James Webster I give and bequeath the said Capital Mefsuage and the Premifses with their Appurtanences together with the Lease thereof and all my Estate and Interest therein unto my said Brother Doctor Thomas Webster his Executors Admors and Afsigns for all the Residue and Remainder of the term of Years thereof granted which shall be then to come and unexpired and it is my Will and Intention and I do hereby direct that in case my said Brother James Webster shall refuse or decline to pay to my said Brother Thomas Webster the said Sum of one hundred and twenty pounds per Annum as before directed then and in such case I do hereby give and bequeath the said Capital Mefsuage with the Appurtanences unto my said Brother Thomas Webster his Executors Administrators and Afsigns for all the Residue of the term of Years then to come and unexpired of and in the said Premises I give and bequeath unto my brother John Webster the Interest of ffive Thousand Pounds at the rate of four Pounds per cent per Ann amounting to the Sum of two hundred Pounds a year to be paid to him and his Afsigns by half Yearly Payments for and during the term of his natural life and from and after the decease of my said Brother John Webster I give the said Sum of two hundred Pounds per Annum being the Interest of the said Sum of ffive thousand Pounds at the rate aforesaid to his Wife Catherine Webster and his Afsigns for and during the term of her natural life and after the decease of my said Brother John Webster and Catherine his Wife and the Survivor of them I give the said Principal Sum of ffive thousand Pounds unto and amongst all and every the Daughters of my Brother George Webster who shall be living at the time of the death of such Survivor equally to be divided between them share and share alike the same to be settled limitted [sic] and secured for their own sole and separate Uses and Benefits respectively and not to be subject or liable to the Debts Controls Dispositions or Engagements of any Husband or Husbands with whom they may respectively each marry Also I give and bequeath unto my said Brother George Webster the Interest of the Sum of two thousand Pounds at the rate of four pounds per cent per Ann amounting to the Sum of Eighty Pounds a year to be paid to him and his Afsigns by half Yearly Payments for and during the term of his natural life and after the decease of my said Brother George Webster I give the said Sum of Eighty Pounds per Annum being the Interest of the said Sum of two thousand Pounds at the Rate aforesaid to his Wife Ann Webster and her Afsigns for and during the term of her natural life and after the decease of my said Brother George Webster and Ann his Wife and the Survivor of them I give the said principal Sum of two thousand Pounds unto and amongst all and every the Daughters of my said Brother George Webster and Ann his Wife who shall be living at the time of the death of such Survivor equally to be divided between them share and share alike for their own sole and separate Uses and Benefits respectively and to be settled in manner aforesaid but it is my Will and Intention that in case any of the Daughters of my said Brother George Webster shall happen to die either in the life time of  my said Brother John Webster and Catherine his Wife or in the life time of my said Brother George Webster and Ann his Wife and should leave Ifsue of her or their bodies lawfully begotten then and in such case I do order and direct that the Child or Children of such Daughter or Daughters so dying shall stand in the Place of their Parents and shall have and be entitled to the same share and Interest of and in the said /several/ Principal Sums of ffive thousand Pounds and two thousand Pounds that the Parent or Parents of such Child or Children would have been entitled unto in case they had now been living Also I give and bequeath unto my Niece Margaret Webster one of the Daughters of my said Brother George Webster the further Sum of two thousand Pounds the same to be paid to her within seven years the same to be computed from the first day of May which shall happen next after my decease or sooner if my Executor shall think proper to pay the same and I direct that Interest for the said Legacy of two thousand Pounds at the rate of four Pounds per cent per Ann shall be paid to the said Margaret Webster or her Afsigns until the said Legacy shall be raised and paid and I do also order and direct that the said Legacy of two thousand Pounds and the Interest thereof shall be at my said Nieces own disposal trusting to her good Sense and Prudence in the Management and disposition thereof Also I give and bequeath unto my Brother Doctor Thomas Webster the Sum of fourteen thousand Pounds and also the Sum of one thousand and twenty Pounds India Stock now standing in my Name subject to the payment of the several Annuities or Yearly Sums by me hereinafter given and bequeathed the said Sum of fourteen thousand Pounds to be raised and paid to him within seven Years to be computed from the first day of May which shall happen next after my decease and I direct that Interest for the said Sum of fourteen thousand Pounds at the rate of four Pounds per cent per Annum shall be paid to my said Brother Thomas Webster or his Afsign until the said Legacy shall be raised and paid and out of such Interest I give and bequeath to Major John Wedderburn a clear Annuity or Yearly sum of ffifty Pounds for and during the term of his natural life Also I give to my Uncles Andrew Proctor and James Proctor now living at Dundee in the Kingdom of Scotland and to my Aunt Eupham Proctor now living at Pearsie in the said Kingdom and to each of them a clear Annuity or Yearly Sum of twenty five Pounds for and during the terms of their respective natural lives and I give to David Webster of Old ffish Street London Baker a clear Annuity or Yearly Sum of twenty five Pounds for and during the term of his natural life All which said several Annuities or Yearly Sums I direct to be paid to [sic] my said Brother Thomas Webster to the said Annuitants respectively or to their Afsigns by half Yearly Payments out of the Interest and Profits of the said Sum of fourteen thousand Pounds herein before given and bequeathed to him the first payment thereof to be made at the end of six months to be computed from the first day of May next after my Decease Also I give and bequeath unto my said Brother James Webster and and [sic] Doctor Thomas Webster the sum of six thousand Pounds Upon trust to pay and apply the Interest thereof after the rate of four Pounds per cent per Annum unto the Honourable Mifs Barbara Gray for her sole Use and Benefit by half Yearly Payments the first Payment thereof to begin and be made at the end of six Months next after my decease and it is my Will and Mind and I do hereby direct my Executors hereinafter named to raise the said Sum of six thousand Pounds out of my share of the Profits of the Trade now carried on by me and my Brother James Webster and pay the said Sum of six thousand Pounds to my ffriend George Paterson of Castle Huntley in Scotland Esqr. Upon his granting an Annuity to be secured to the Satisfaction of the said Mifs Barbara Gray of the Sum of four hundred and twenty Pounds per Annum for the term of her natural life payable half Yearly the first Payment thereof to begin and be made at the end of six Months to be computed from the last day of Payment of the Interest of the said Sum of six thousand Pounds after the rate and manner hereinbefore directed and I do hereby further direct that if the said George Paterson shall refuse or decline to grant and secure the said Annuity of four hundred /and twenty/ Pounds to the said Mifs Barbara Gray in manner hereinbefore directed then and in that case I do direct the said Trustees to pay the said Principal Sum of six thousand Pounds to the said Barbara Gray for her sole and separate Use and not subject to the Debts Control or Engagements of any husband she may happen to marry and I also give and bequeath to the said Barbara Gray the further Sum of four hundred and twenty Pounds to be paid at the end of one Month next after my decease and if she takes a House which I earnestly recommend it to her to do I give and bequeath to her the further Sum of ffive hundred Pounds for ffurniture and I do also give and bequeath to the said Mifs Barbara Gray one half of all my Wine Rum and other Spirits of what kind soever which shall be in my Cellar or any other Cellar my Property at the time of my death and I also give and bequeath to the said Mifs Barbara Gray all my Prints requesting that she will give such of them as she has no use for to the said George Paterson Also I give and bequeath unto my Brothers James Webster and Thomas Webster the Sum of one thousand four hundred Pounds to be raised and paid out of my Estate within seven Years to be computed from the first day of May which shall happen next after my decease Upon trust that they my said Brothers or the Survivor of them shall and do in the mean time and until the said Principal Sum of one thousand four hundred Pounds shall be raised pay Interest for the same at the rate of four Pounds per cent per Ann by half Yearly Payments to Robert Wedderburn of Pearsie aforesaid Esquire and Isabel his Wife or their Afsigns for and during the term of their natural lives and the life of the Survivor or longer liver of them and after the decease of the Survivor of them the said Robert Wedderburn and Isabel his Wife Then Upon Trust to pay the said Principal Sum of one thousand four hundred Pounds in manner following that is to say six hundred Pounds part thereof unto Captain Charles Wedderburn Son of the said Robert Wedderburn four hundred pounds other part thereof unto Elizabeth Wedderburn one of the Daughters of the said Robert Wedderburn now the Wife of James Graham two hundred Pounds other part thereof unto Katherine Wedderburn another Daughter of the said Robert Wedderburn now the Wife of Robert Stewart and the remaining two hundred Pounds unto Isabel Wedderburn Spinster another Daughter of the said Robert Wedderburn but in case the the [sic] said Captain Charles Wedderburn Elizabeth Graham Katherine Stewart and Isabel Wedderburn or any of them shall happen to die  in the life time of the said Robert Wedderburn and Elizabeth [sic] his Wife or the Survivor or the Survivor of them leaving any Ifsue of his or her or their Bodies lawfully begotten Then Upon Trust to pay the part and share of such of them so dying unto their Children respectively in equal shares and proportions it being my Intention that the children of any of them who shall so happen to die shall be entitled to /the same share or proportion of the same Sum of one thousand four hundred pounds that the parent or parents of such Children would have become entitled to/ if living Also I give and bequeath to David Wedderburn of Leadenhall Street London Druggist the Sum of one thousand Pounds and I direct that his account with me shall have credit for the said Sum of one thousand Pounds immediately after my decease Also I give and bequeath to the said George Paterson the sum of one thousand Pounds and to the Honourable Mrs. Paterson the Sum of one hundred Pounds for a Ring (not Mourning) and I give to their Son David Paterson my Gold Watch and Seals and also the Sum of one hundred Pounds in Money Also I give and bequeath to Sir John Wedderburn the Sum of one thousand Pounds and to Lady Wedderburn his Wife the Sum of one hundred Pounds Also I give to James Wedderburn of Inverisk [sic] in Scotland the Sum of ffive hundred Pounds and to the present Wife of the said James Wedderburn the sum of one hundred Pounds Also I give to John Wedderburn of Jamaica the Sum of ffive hundred Pounds Also I give to Henry Cooke the Cousin of my Sister in Law Catherine Webster the Sum of one hundred Pounds Also I give to Thomas ?Mitchell of Craig in Scotland the Sum of two hundred Pounds I also give to James and David Webster Gordon David Fyffe Son of David Fyffe George Dempster Esqr. of Knightsbridge Ann Dempster of Percy Street and to James and David Webster Greenhill of Dundee the Sum of one hundred Pounds each Also I give to Gavin ?Lowe late a Clerk in our Counting House the sum of one hundred Pounds Also I give to Charles Long now one of the Clerks in our Counting House the Sum of three hundred Pounds and to each of them the further Sum of twenty Pounds for Mourning Also I give to Richard Daniel another of our Clerks the Sum of two hundred Pounds and the further Sum of ten Pounds for Mourning all which said last mentioned Legacies I direct to be paid within twelve Months to be computed from the first day of May next after my decease I give and bequeath to my present coachman and ffootman if they shall be living with me at the time of my decease the Sum of fforty Pounds a piece and a Years Wages over and above what shall be then due to them Also I give to all the Maid Servants who shall be living with me at my decease and shall have been in my Service four Years or upwards the Sum of ffifty Pounds each over and above what shall be then due to them respectively for Wages and to such of the Maid Servants who shall be living with me at the time of my decease and who shall not have been four Years in my Service I give the Sum of twenty Pounds each and a Years Wages over and above what shall be then due to them respectively and I also give to my /Maid/ Servant Hester ?Perrin the Sum of three hundred Pounds and to Elizabeth Longdon one hundred Pounds if living with me at my death over and above what they may be entitled to under and by virtue of the beforementioned Bequest to my Maid Servants Also I give to Mr. Alexander Greenhill of Dundee in Scotland Merchant the Sum of two hundred Pounds I also give and bequeath to my said Brother Doctor Thomas Webster all my Household ffurniture Books and Plate and one half of all Wines Rum and other Spirits of what kind soever which shall be in my Cellar or any other Cellar my Property at the time of my death and all the rest residue and remainder of my Estate and Effects of what nature or kind soever that I shall die seized pofsefsed or interested in or entitled unto and not by me hereinbefore disposed of I give devise and bequeath the same unto my Brother James Webster his Exors Administrators and it is my request to my said Brother James Webster that all our joint Partnership Businesfs and concerns may be ?balanced and finally settled as soon as conveniently may be after my decease and in order to avoid all Disputes hereafter touching my affairs it is my request that this my Will shall be strictly performed and carried into Execution and in case any of my Legatees or Annuitants shall at any time hereafter commence any action or suit in any Court of Law or Equity or in any manner molest or interrupt my Executor in the Execution of this my Will other than for recovering what is hereby given to them respectively then I do hereby order and direct that the Legacy Bequest or Annuity by me given to the Person or Persons who by commencing any Suit at Law or otherwise shall molest or obstruct my Executor in the Execution of this my Will shall not be paid but I do hereby revoke such Legacy or Annuity and declare the same to be null and void and to sink into the General Residue of my Personal Estate and I do hereby nominate constitute and appoint my said Brother James Webster sole Executor of this my Will but in case he shall happen to die in my life time Then I give and bequeath all the residue of the said Estate and Effects after Payment of the several Legacies Annuities and Sums of Money hereinbefore mentioned unto my said Brother Doctor Thomas Webster his Executors and Administrators and do nominate and appoint him my faid [sic] Brother Thomas Webster Executor of this my Will in the Room of my said Brother James Webster and hereby revoking annulling and declaring void all former and other Wills and Codicils by me at any time heretofore made I do declare this only to be my last Will and Testament In Witness whereof I the said David Webster have to this my last Will and Testament contained in eight sheets of paper set my hand /to the first seven sheets thereof and this last sheet my hand/ and seal this tenth day of November in the Year of our Lord one thousand seven hundred and eighty seven X      signed sealed Published and declared by the said Testator David Webster as and for his last Will and Testament in the presence of Us who in his presence at his request and in the presence of each other have hereunto subscribed our Names as Witnefses thereto and We do hereby declare that the reason the Testator put his Mark instead of his Name was his having been deprived of the use of his right hand by the Visitation of God Matthias Gilpin Inner Temple Rich�d Richardson Staple Inn  This is a Codicil to the above Will which I direct to be proved as such I do hereby Direct my Executor to lay out the Sum of two thousand pounds out of the residue of my Estate in my Will mentioned in the purchase of a House which I give and devise and bequeath to the Honourable Mifs Barbara Gray in my Will named for and during the tern of her natural life and that until the said Sum of two thousand Pounds shall be raised and laid out of the Residue of my said Estate I give to the said Mifs Barbara Gray an Annuity or Yearly Sum of eighty Pounds to be paid half Yearly the first Payment thereof to begin and be made on the first day of May or the first day of November which shall first happen next after my decease and from and after the decease of the said Mifs Barbara Gray I give and devise and bequeath the said House so to be purchased to the honourable Mrs. Ann Paterson the Wife of George Paterson Esquire in my Will named her Heirs Executors Administrators and Afsigns and in case the said Sum of two thousand Pounds shall not be laid out at the time of the decease of the said Mifs Barbara Gray I give and bequeath the said Sum of two thousand to the said Mrs. Ann Paterson her Executors Administrators and Afsigns and I direct that the same shall be at the entire disposal of faid [sic] Ann Paterson either by Deed duly executed or by her last Will and Testament and shall not be subject or liable to the Debts Control Disposition or Engagements of her present or any future Husband she may marry and I do hereby declare that the above Bequests in this codicil contained shall be given and paid to them the said Mifs Barbara Gray and Mrs. Ann Paterson respectively over and above and in addition to the several Legacies and Bequests to them respectively given by my aforesaid Will Also I give and bequeath to Thomas Gordon of Percy Street the Sum of one hundred Pounds In Witnefs whereof I have to this my codicil contained in this and the next preceeding [sic] sheet set my hand to the preceeding sheet and to this sheet my hand and seal this eleventh day of November one thousand seven hundred and eighty seven X     Signed Sealed Published and declared by the said David Webster the Testator as and for Codicil to be added to his last Will and Testament in the presence of Us who in his presence at his request and in the presence of each other have subscribed our Names as Witnefses thereto and We do hereby declare that the reason the Testator put his Mark instead of his Name was his having been deprived of the use of his right hand by the Visitation of God Matthias Gilpin Inner Temple Rich�d Richardson Staple Inn  This Will was proved at London with a Codicil on the second day of January in the Year of our Lord one thousand seven hundred and eighty eight before the Worshipful William ?Battins Doctor of Laws Surrogate of the Right Worshipful Peter ?Calourt Doctor of Laws Master Keeper a Commifsary of the Prorogative Court of Canterbury lawfully constituted by the Oath of James Webster the Brother of the deceased and the sole Executor named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased having been first sworn duly to Administer.

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[This Will of David Webster (n� Wedderburn, of Pearsie), was written on 10th February 1801 and proved at London on 16th May 1801. David, the youngest s. of Robert Wedderburn of Pearsie and Isobel Edward, was b. 15/8/1757 and, according to the Angus IGI, bap., son of Robert Wedderburn, at Kingoldrum, on 25/8/1757. David went to London in 1772 - not �c1780� as stated in the W.B. - to work for the Webster brothers (his uncles of the half-blood), in Leadenhall Street, London. (See letters written by David in 1775 and 1779, from London, in Scotwed file.) In compliance with the terms of the Will of James Webster (dated 14th November 1789, q.v.) David �assumed for himself and his issue the surname and arms of Webster in lieu of Wedderburn, obtaining to that end a Royal License dated 15 Jan. 1790�. The mercantile firm of Webster & Co., of which he then became the senior partner, was subsequently known as Wedderburn & Co. David died at Bath on 21st March 1801. His widow remarried, at Langham, Suffolk in June 1802, Robert Douglas, s. of William Douglas of Brigton, co. Angus, and Elizabeth Graham. - W.B. p. 329, n.6. (In 1857, Wedderburn Conway Halkett, the only son of, Sir (Peter) Arthur Halkett, the 8th and last Bt. of Gosford, was born at Shenley Lodge, Hertfordshire, David�s former residence.)]    I David Webster at Shenley Hill in the County of Hertford and of Leadenhall Street in the City of London Esquire make this my last Will and Testament as follows I Give and Devise my Capital Mefsuage or Dwellinghouse and all singular my ffreehold and Copyhold or Customary Mefsuages Lands Tenements and Hereditaments whatsoever [sic] situate and being at or near Shenley Hill in the County of Hertford aforesaid with their and every of their Appurtanences unto the use of my Dear Wife Elizabeth Webster her Heirs and Afsigns for ever for her and their own absolute use and benefit And I give all the Carriages and Horses which I shall die pofsefsed of with the Harnefs and ffurniture thereto belonging or used therewith unto my said Dear Wife Elizabeth Webster for her own absolute use and I Give to my said Wife ffive hundred pounds to be paid to her immediately after my death I also give to my said Wife Elizabeth Webster for her own absolute use All the Household Goods ffurniture Plate Linen China and other Goods Chattels and Effects whatsoever in the nature of ffurniture (being my property) And also all the Cattle Sheep Waggons Carts Carriages ffarming Utensils and other Live and Dead Stock Goods Chattels and Effects whatsoever which shall be upon or about my House ffarm and Lands at Shenley Hill aforesaid at the time of my Death I likewise give to my Wife Elizabeth Webster All the Wines and Spirits and Liquors whatsoever which I shall be pofsefsed of at my Death (and whether the same shall be then in my House at Shenley Hill aforesaid or wheresoever else the same may then be) for her own absolute use and benefit And I Give to my Brother Charles Wedderburn and to my Sister Elizabeth Graham ffifty Guineas a piece for Rings - I also give to the Children of my late Sister Catherine Stewart who shall be living at my Death ffifty Guineas to be equally divided between them as marks of my affection for such Children respectively And I give to my Mother in Law Mrs. Ann Read To Dr. Thomas Webster of the City of Bath and to my partners John Wedderburn David Wedderburn and Andrew Wedderburn Twenty Guineas each for Mourning Rings And to my Brother in Law ffletcher Read and to my Nephews James Graham and Robert Graham and my friends James Murray Alexander Anderson William ?Dollap Gavin Lowe Richard Daniel George Anderson John Johnson and Robert Robinson Nephew of Mr. Murray All of Leadenhall Street aforesaid ffive Guineas each for Rings and I Give Devise and bequeath All my Leasehold Estates and property And also all the rest and residue of my monies Securities for money Stock in the Public ffunds parts and shares of Ships and all other my Goods Chattels and Personal Estate and Effects whatsoever and of what nature kind or description soever the same may be (subject neverthelefs to and charged with all my just Debts and ffuneral /and Testamentary/ expences which I Direct shall be paid thereout as soon as may be after my Death) unto my said Wife Elizabeth Webster and my said Partners John Wedderburn and David Wedderburn their Executors Admors and Afsigns Upon Trust as soon as may be after my Death to sell and dispose of all such part and parts of my said residuary Personal Estate as shall not consist of Stock in the Public ffunds or Monies placed out on Parliamentary Government or Real Securities at my Decease and to call in and receive All such part and parts of my said residuary Personal Estate as shall then consist of monies or Securities for money (nor being Stock in the Public ffunds or monies placed out on Parliamentary Government or Real Securities as aforesaid) and to lay out and invest the monies to arise from such Sale or disposition as last aforesaid and also the monies so to be called in and received as aforesaid and every part thereof respectively in their his or her names or name either in the Public ffunds or at Interest upon Parliamentary Government or Real Securities or in Navy or Exchequer Bills or India Bonds as my said Trustees or Trustee for the time being shall think most secure and most advantageous to the persons entitled thereto and I direct and declare that my said last named Trustees and Trustee for the time being shall stand and be pofsefsed of All the Stocks ffunds and Securities in or upon which the said monies shall be laid out or invested as aforesaid And also of all such part of my said residuary Personal Estate as shall consist of Stock in the Public ffunds or Monies placed out on Parliamentary Government or Real Securities at my Death Upon the Trusts following (that is to say) Upon Trust that they the said Elizabeth Webster and John Wedderburn and David Wedderburn and the Survivors and Survivor of them and the Executors Administrators and Afsigns of such Survivor shall and do in the first place yearly and every year during as many years and so long as my said Wife Elizabeth Webster shall happen to live and shall continue my widow and unmarried but not longer or otherwise out of the Interest Dividends and Annual proceeds to arise and be produced from the said residue of my Personal Estate or the Stocks ffunds and Securities in or upon which the same shall be invested as aforesaid pay unto my said Wife Elizabeth Webster or otherwise shall and do permit and suffer her to deduct receive and take for her own use and benefit (in addition to and over the provision hereinbefore made for her by the devise of my Estate at Shenley Hill and otherwise as aforesaid) One Annuity or Yearly Sum of One thousand two hundred pounds of lawful money of Great Britain clear of all taxes deductions and abatements whatsoever by equal half yearly payments at Midsummer and Christmas in each and every year the first half yearly payment of the said Annuity to begin and be made on such of the said days of payment as shall first happen after my decease And in case my said Wife Elizabeth Webster shall happen to marry again after my decease Then upon Trust that my said Trustees or Trustee for the time being shall and do from and after my said Wife shall so marry again out of the said interest dividends and Annual proceeds to arise and be produced from the said residue of my said personal Estate or the Stock ffunds or Securities in or upon which the same shall be invested as aforesaid pay unto my said Wife Elizabeth Webster during the term of her natural life or otherwise shall and do permit and suffer my said Wife to deduct receive and take for her own use and benefit in lieu of the before mentioned Annuity of One thousand two hundred pounds which is in that event and from thenceforth to cease and be no longer paid or payable One Annuity or yearly Sum of ffive hundred pounds of lawful money of Great Britain clear of all taxes deductions and abatements whatsoever by equal half yearly payments at Midsummer and Christmas in each and every year and the first half yearly payment of the said Annuity of ffive hundred pounds to begin and be made on such of the same days of payment as shall next happen after my said Wife shall so marry again Provided always neverthelefs and I hereby direct and declare that the Annuity or Annuities hereinbefore provided for or directed to be paid to my said Wife Elizabeth Webster in the manner and according to the event or events aforesaid together with the other Devises or Bequests made to or in favor of herein and by this my Will shall be taken and accepted by my said Wife in lieu of also as full compensation and satisfaction for all her rights titles claims and demands whatsoever in to out of or upon my real and Personal Estates or any part or parts thereof respectively either for or in respect of the Jointure and other provisions made or intended to be made for her by our Matrimonial Contract or for or in respect of her dower thirds or ?ffurbouch or otherwise howsoever and also in lieu of and as a full compensation and satisfaction for the part share or interest which she my said Wife may, or may claim to be or become entitled to of and in the principal of a certain Legacy or Sum of ffifteen thousand pounds given and bequeathed to my said Mother in Law Mrs. Ann Read and the Heirs of her body by the last Will and Testament of her late Brother Sir Robert ffletcher Knight Deceased  or the money paid in discharge of the said Legacy of the Stocks ffunds or Securities in or upon which such money or any part thereof has been or shall be laid out or invested And I direct that my said Wife Elizabeth Webster shall within Six Months after my death or whenever afterwards she shall be thereto required by the said John Wedderburn and David Wedderburn or the Survivor of them his Executors or Administrators afsign or release to them or him or unto and for the benefit of my Personal Estate or the persons beneficially entitled thereto All her my said Wife�s part share or interest of in or to the principal of the said Legacy or Sum of ffifteen thousand pounds or the money paid in discharge of the said Legacy or the Stock ffunds or Securities in or upon which such money or any part thereof has been or shall be laid out or invested And in Case my said Wife shall refuse so to do Then I direct that she shall not take or be entitled to any Legacy Annuity or other benefit or advantage whatsoever under or by virtue of this my Will or the Devises or bequests aforesaid and subject to and after payment of the Annuity hereinbefore provided for or directed to be paid to my said Wife Elizabeth Webster in or according to the event or events aforesaid Then upon Trust that the said Elizabeth Webster John Wedderburn and David Wedderburn or the Survivor of them or the Executors Administrators or Afsigns of such Survivor shall and do with or out of the remainder of the interest dividends and annual proceeds to arise from my said residuary Personal Estate pay and apply such yearly sums of money in for and about the maintenance and education of my Children for the time being during their respective minorities as my said Trustees or Trustee for the time being shall think proper and necefsary and shall and do lay out and invest the surplus of the said Interest Dividends and annual proceeds which shall from time to time remain in their his or her hands together with the interest or dividends to arise from the Stocks ffunds or Securities to be purchased therewith as hereinafter is directed in or upon such Stocks ffunds or Securities as are hereinbefore mentioned so and in such manner as that the said surplus Interest Dividends and annual proceeds and the Stocks ffunds or Securities in or upon which the same shall be laid out or invested as aforesaid and the Dividends Interest and annual proceeds to arise therefrom respectively shall and may accumulate and be added to the principal from time to time during the minority or minorities of my Children hereinafter named And my Will is and I do hereby direct and declare that my said Trustees or Trustee for the time being shall stand and be pofsefsed of all and singular the said residue and surplus of my said Personal Estate and the accumulations thereof and the Stocks ffunds or Securities in or upon which the same shall or may be laid out or invested (Subject neverthelefs and without prejudice to the payment of the Annuity hereinbefore provided for or directed to be paid to my said Wife Elizabeth Webster in or according to the event or events aforesaid) upon Trust for and to afsign transfer pay and divide the same and every part thereof respectively unto between and among all and every the Children of my body who shall be living at my Death - or born in due time afterwards in such parts shares and proportions manner and form as that my eldest son James Webster Webster shall (on account of his seniority of birth) have and be entitled to as much as and three fourths more than each or any of my other Children And so and in such manner as that all my said other Children (except my said son James Webster Webster) shall take equally between and among them share and share alike and I direct that the respective shares of such my said Children as are or shall be Sons shall become vested Interests in and be afsigned transferred and paid to them respectively at their respective ages of twenty one years and that the respective shares of such of my said Children as are or shall be Daughters shall become vested Interests in and be afsigned transferred and paid to them respectively at their respective aged of twenty one years or at or on their respective days of Marriage which shall first happen provided my said Daughters respectively or such one or more of them as shall marry under the age of twenty one years do marry with the consent of their or her Mother if living or if dead then with the consent of their or her Guardians or one of them but not otherwise Provided always that if my said eldest Son James Webster Webster shall happen to die under the age of twenty one years then and in such Case my Will is and I hereby direct and declare that the share of my said residuary Estate and the accumulations thereof hereinbefore provided for or directed to be afsigned transferred and paid to him my said Son James Webster Webster as aforesaid shall devolve upon and accrue to my other Children who being a Son or Sons shall live to attain the age of twenty one years or who being a Daughter or Daughters shall live to attain the age of twenty one years or to be married with such consent as hereinbefore is exprefsed and shall be equally divided between and among my said other Children share and share alike Provided also that if any one or more of my said Children (other than or except or besides my said eldest Son James Webster Webster) shall happen to die before he or she or they shall under or by virtue of the Trusts aforesaid have acquired or become entitled to a vested Interest or vested Interests in my said residuary Personal Estate and the accumulations thereof or in some part or parts thereof Then and in such Case and from time to time as often as the same shall happen my Will is and I hereby direct and declare that the part or share parts shares of the Child or Children so dying as last aforesaid shall accrue to and devolve upon and shall be afsigned and transferred to the Survivors or Survivor of my Children who shall live to acquire or become entitled to a vested Interest or vested Interests under this my Will in such shares and proportions and as and in such manner and form as that (in the event of my said eldest Son James Webster Webster being one of such surviving Children who shall so become entitled as aforesaid) the said James Webster Webster shall have and be entitled for his share and proportion of and in such accruing share or shares respectively to as much /as/ and three fourths more than each or any other surviving Child shall have or be entitled to And so as that the remainder of the same accruing share and shares respectively shall be equally divided between and among my other surviving Children share and share alike Provided also that if all my Children who shall be living at my death or born in due time afterwards except one shall happen to die before they or any of them shall under or by virtue of the Trusts aforesaid have acquired or become entitled to vested Interests or a vested Interest in my said residuary Personal Estate and the accumulations thereof or in some part or parts thereof Then and in such Case my Will is and I hereby direct and declare that the whole of my residuary personal Estate and the accumulations thereof and the Stock ffunds and Securities in or upon which the same shall be invested as aforesaid shall accrue to and devolve upon and shall be afsigned and transferred and paid to such one of my said Children who being a Son shall live to attain the age of twenty one years or being a Daughter shall live to attain the age of twenty one years or be married with such consent as hereinbefore is mentioned for his or her own absolute use and benefit and I appoint my said Wife Elizabeth Webster and the said John Wedderburn and David Wedderburn joint Executors of this my Will and I commit the Guardianship Custody and Tuition of all my Children and of their several Estates and ffortunes during their respective Minorities unto my said Wife and to the said John Wedderburn and David Wedderburn and the Survivors and Survivor of them and I hereby give to my said Trustees and Executors and the Survivors and Survivor of them and the Executors and Administrators and Afsigns of such Survivor full power & authority from time to time at their his or her discretion to sell transfer and dispose of and change alter vary or transpose All or any of the Stocks ffunds or Securities which shall be vested in them him or her for the time being under or by virtue of this my Will and upon all or any of the Trusts aforesaid in such manner as often as they he or she shall think proper Provided always and my Will is and I do hereby direct and declare that if my said Wife Elizabeth Webster or the said John Wedderburn or David Wedderburn or any of them or any succeeding or future Trustee or Trustees to be appointed as hereinafter is exprefsed shall die or shall decline to act in or desire to be discharged from the Trusts declared or created by this my Will before the same Trusts shall be fully executed and performed Then and in such Case and from time to time when and so often as any such event shall happen it may and shall be lawful for my said Wife alone during her life and after her death then for the Trustees or Trustee who for the time being shall survive or shall be willing or continue to act under this my Will by any Deed or Deeds Writing or Writings under her their or his hands and seals or hand and seal respectively and to be attested by two or more credible Witnefses to nominate substitute and appoint one or more proper person or persons to be a Trustee or Trustees for the purpose of carrying on and performing the several Trusts hereinbefore created and declared or such of them as shall be then existing and undetermined in the place and stead of the Trustees or Trustee so dying or declining to act or desiring to be discharged as aforesaid and that from time to time when any new Trustees or Trustees shall be so nominated or appointed as aforesaid All and singular the Trust Estates Monies Stocks ffunds Securities and premises which by virtue of or under this my Will shall be then vested in the Trustees or Trustee for the time being acting in the execution thereof shall thereupon with all convenient speed be afsigned transferred and made over by the Trustees or Trustee thereof for the time being as and in such manner as that the same shall become legally and effectually vested in the surviving or continuing Trustees or Trustee and in such new Trustees or Trustee only as the case shall  happen or require Upon the Trusts and for the intents and purposes and under and subject to the Provisoes and Declarations in and by this my Will declared and exprefsed of and concerning the same Trust Estates Monies and premises or such of the same Trusts Intents and purposes as shall be then existing undetermined or capable of taking effect and such new Trustee or Trustees so to be nominated and appointed as aforesaid shall and may Act in the management carrying on and execution of the same Trusts and shall have and be invested with such and the same powers and authorities as fully and effectually to all intents and purposes as if he or they had been nominated and appointed a Trustee or Trustees for the purposes aforesaid in and by this my Will Provided also and I do hereby further direct and declare that neither the Trustees and Executors nominated and appointed by this my Will nor the Trustees or Trustee to be hereinafter appointed as aforesaid or any of them or the Heirs Executors or Administrators of them or any of them shall be answerable or accountable for any money to be received by virtue of or under this my Will any otherwise than each and every person for such Sum and Sums of money as he she or they shall respectively actually receive nor for any lofs or damage that may happen to the said trust Estates Houses and Premises or any part thereof so as /such/ lofs happen without their respective wilful neglect or default nor shall any one or more of them be answerable or accountable for the others or any other of them or for the acts receipts neglects or defaults respectively and further that they my said Trustees and Executors respectively and their several and respective Heirs Executors and Administrators shall and may be and out of the trust Estates Monies and Effects which shall come to their or any of their hands by virtue of this my Will retain to and reimburse himself herself and themselves respectively and also pay and allow to his her and their Co-trustees and Co-Executors All such Costs Charges Damages and Expences whatsoever as they or any of them shall or may pay sustain or be put to in or about the execution of the Trusts hereby in them respectively reposed or in any wise relative thereto And I do hereby revoke all former Wills by me heretofore made and declare this only to be my last Will and Testament In Witnefs whereof I have to two parts of this my last Will and Testament each part contained in eight sheets of paper set my hand and seal that is to say my hand to the first seven sheets of both of the said parts and my hand and seal to the last sheet of each of the said parts this tenth day of ffebruary in the Year of our Lord One thousand eight hundred and one -David Webster  - This writing contained in eight sheets of paper was Signed Sealed Published and Declared by the above named David Webster as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other do hereunto subscribe our names as witnefses - Tho. Atkinson - Arth. J. Burrow Robert Brooke  This Will was proved at London the sixteenth day of May in the year of our Lord One thousand eight hundred and one before the Worshipful Samuel Pearce Parson Doctor of Laws Surrogate of the Right Honorable Sir William Wyman Knight also Doctor of Laws Master Keeper or Commifsary of the Prorogative Court of Canterbury lawfully constituted by the Oaths of John Wedderburn and David Wedderburn Esquire two of the Executors named in the Will to whom Administration granted of all and singular the Goods Chattels and Credits of the Deceased having been first Sworn duly to Admon. Power reserved of making the like Grant to Elizabeth Webster Widow the Relict of the said Deceased and the other Executor named in the said Will when he [sic] shall apply for the same

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[This is the Will of Sir David Wedderburn, 1st Baronet of Balindean, b. 3rd March 1775 (bap. 10th March at Inchture - Perth IGI), second but only surviving son of Sir John Wedderburn of Balindean and his first wife, Margaret Ogilvie. In 1796 David joined Webster Wedderburn & Co., in Leadenhall St., where he became a partner. He married Margaret Brown at Comrie, Perth, in 1800 and in 1801 he is described as �Merchant in London�. In 1803 his father died and David was created a baronet of Great Britain. In 1805 he entered parliament as member for the Perth burghs, which he represented until 1818. Sir David sold Balindean in 1819-20 to a Mr. Trotter, and afterwards lived at Luffness, near Aberlady in Fife and, later, at Rosebank, near Roslin. In 1823 he was appointed Postmaster-General for Scotland, an office he held until 1831. After his wife�s death, in 1845, Sir David removed to Inveresk Lodge, the house of his unmarried sister, where he died on 7 April 1858. - W.B. p. 296.] At Edinburgh the seventeenth day of April in the year One thousand eight hundred and fifty eight In presence of the Lords Council and Session compeared George ?Morris Esquire Advocate Procurator for Andrew Webster Solicitor before the Supreme Courts Ingiver of the Testament under written desiring the same might be Registered in their Lordships Books conform to Act of Parliament anent the Registration of Probative Writs which desire the said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows I Sir David Wedderburn Baronet residing at Inveresk Lodge Musselburgh being resolved to appoint an Executor for winding up my affairs in the event of my death do therefore hereby nominate constitute and appoint Andrew Webster Solicitor in the Supreme Courts of Scotland Edinburgh to be my Sole and only Executor and Intromitter with my Personal Estate with power to him to give up Inventories and confirm the same and to do everything competent to an Executor and I direct him to apply the proceeds in payment of my deathbed and funeral expences debts and the expences of confirming and recovering my means and Estate declaring that he shall be entitled to the usual professional fees for all business done and trouble had by him in making up titles and realising and winding up my Estate in the same way as if he had not held the office of Executor but had been a neutral party any law or practice to the contrary notwithstanding and whatsoever residue there may be of my said means and estate falling under this Testament I appoint the same to be paid to Mary Wedderburn residing at Inveresk Lodge my Sister whom I hereby appoint to be my residuary Legatee  In witness whereof these presents written by Alexander Lowson Clerk to the said Andrew Webster are subscribed by me at Inveresk Lodge the Seventeenth day of December in the year Eighteen hundred and fifty five before the Witnesses James Chalmers Gardener to the said Miss Mary Wedderburn and David Blackie my Coachman Signed David Wedderburn  - James Chalmers Witness -David Blackie Witness Extracted furth of the Books of Council and Session upon these three pages of Stamped paper by me Henry Duncan Fergusson Assistant Keeper of the Register of Deeds Probative Writs & conform to Act of Parliament and holding commission to that effect from the Lord Clerk Register of Scotland -----H.D. Fergusson Proved at London 14th December 1858 by the Oath of Andrew Webster the Solcr. Executor to whom Admon was granted #

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[The attached Will is that of Henry Wedderburn �of Gosford�, second son of Charles Wedderburn of Gosford & Mary Wardlaw, who was bap. at Dunfermline 19 July 1721. (On W.B. p. 383 he is said to have been baptised on 19 July 1722, but in footnote� on p. 382 it shows the year correctly as 1721.)  �Henry was bred to the sea and settled at Bengal as a free mariner soon after 1740. He married three times, the first marriage taking place probably about 1747.  The surname of his first wife, Alice ---, despite many fruitless attempts by J.W. (grandfather of the author of the W.B.), was not discovered. By her Henry had 2 sons & 3 daughters: James, buried at Calcutta 13/10/1751; Charles, infant, buried at Calcutta, 16/7/1755; Mary, the eldest & only surviving child of this first marriage, bap. at Calcutta on 27/6/1748; Janetta, buried at Calcutta 21/4/1753, & Elizabeth, bap. at Fort William, Bengal, 20/8/1766, who must have died before 1768�. (W.B. p. 385)  In 1763, when Henry�s elder brother John (b. 1720, afterwards Sir John Wedderburn-Halkett, 4th Bt. of Gosford) virtually came into possession of the estate of Pitfirrane, Henry succeeded to the estate of Gosford. However, because the entails created by their parents in 1706 were so complicated, a decision about Henry�s right to the estate of Gosford was referred to the House of Lords. At this time �he does not seem to have come home but offered to raise a company of volunteers....which was accepted by the Governor and Council.  After the fall of Patna, Henry was ordered back to Calcutta .....but he returned to Patna and continued on service till Lord Clive concluded peace in 1765.� (W.B. p. 384)  Henry returned home before 1767, in which year he was described as �late of Bengal� and, in the following year, he entered into an elaborate contract with his brother John as to the terms on which, in the event of the House of Lords deciding in his favour, he would take possession of Gosford and executed a bond of provision on 2 Feb. 1768 in favour of his then �only child�, his daughter Mary. On 31/1/1768, Henry had married, at Edinburgh, his second wife, Mary Belsches (d. of John Belsches of Innermay, Perthshire), and had at once returned to Calcutta, �as appears from a bond by him dated there 1 Oct. 1769.�  In that year he was restored to the office of Master Intendant (sic) of Marine, a post which he held until his death.  �Upon the decision of the House of Lords being in his favour, 19 March 1770, he got a great seal charter of Gosford, 6 Aug. 1771, but did not return home, a factory by him to his uncle of S. Germain�s, to deal with a bond for �1000 granted by Belsches of Innermay being dated 25 March 1774�.  His wife Mary had died at Calcutta in July 1771 (�probably in child-bed�) leaving no issue.  Henry m. iii) at Calcutta, on 4/3/1773, Alice Tetley, who survived him (�but died before 1806�), and by whom he had one surviving daughter, Elizabeth, bap. at Calcutta on 12/3/1776. (Elizabeth m. Captain James Murray, �said to be a nephew of John, Duke of Athole�, and died before 17/4/1814. W.B. p. 385 & footnotes)   A year before his death, which occurred at Calcutta on 17 Nov. 1777 (Scots� Mag. 1778, p. 221), Henry was endeavouring to sell Gosford, and granted another factory dated at Fort William, Calcutta, 19 Jan 1776, to his uncle of S. Germain�s (ante p. 376), to effect a sale, but nothing was done until after his death. (W.B. p. 383/4)  Henry Wedderburn, of Gosford, was thus succeeded in Gosford under the entail, which excluded heirs portioners, by his eldest daughter and the only surviving child of his first marriage, the sole survivor of his several children, his daughter Mary, b. 1748�.  (W.B. p. 385) After her father�s death Gosford was sold to pay his debts. It was bought, at a judicial sale, by Alexander Farquharson, an Edinburgh accountant, from whom it was purchased in 1784 by Francis, fifth Earl of Wemyss �in whose family it has since remained, adorned (says J.W. in his MS., according to �A.W.�) with an extensive mansion erected on a less favourable spot than that where the former dwelling stood. The lands and barony of Innerwick and Thornetoun were also sold in 1782. Mary Wedderburn m. Lieut.-Col. Sir John Cumming, in the Service of the East India Company and had issue�. (W.B. p. 386, where details of their children are given, q.v.)]  This is the last Will and Testament of me Henry Wedderburn of Calcutta at ffort William in Bengal Esquire being sick and weak in Body but of sound mind memory and understanding praised be God for it [p.2] and considering the certainty of death and the uncertainty of the time thereof and to the end I may be the better prepared to leave this world whenever it shall please God to call me home do therefore make and declare this my last Will and Testament in manner and form following that is to say first and principally [?]I  renounced my Soul into the hands of Almighty God my Creator hoping for free pardon and redemption of all my sins to enjoy everlasting happinefs in his Heavenly Kingdom through the sole merits of Jesus Christ my Saviour my Body I commit to the earth at the discretion of my Exectors hereinafter named and as to such worldly Estate wherewith it hath pleased God to intrust me I dispose of the same as followeth Imprimis all my Just Debts I desire may be first discharged and satisfied Item I give and bequeath to my loving wife Alice Wedderburn at present at Calcutta aforesaid all her Jewels Toys Trinkets and wearing Apparel the rest and [?]residue of my Estate Real and personal I give devise and bequeath unto and between my said wife Alice Wedderburn and my Daughter Elizabeth Wedderburn share and share alike the share or proportion of my said Daughter to be put and placed out at Interest on good security such Interest to be applied towards the Maintenance and Education of my said daughter Elizabeth by her Guardians hereinafter named and the principal to be paid as soon as she shall attain the Age of twenty one years or be Married which ever shall first happen I do hereby appoint that my said loving wife Alice Wedderburn together with Mr. Alexander Robertson Writer to the Signet in Edinburgh and Mr. Alexander Wedderburn of Saint Germans in Scotland shall have the Guardianship and Tuition of my said Daughter Elizabeth during her Minority In case my said Daughter Elizabeth should depart this life before she attains the Age of twenty one years or be Married then I give devise and bequeath the part or share of my Estate Real and personal so bequeathed to her as aforesaid with all Interest Accumulating thereon which shall not be applied towards her Maintenance and Education unto my said loving Wife Alice Wedderburn should she my said Wife be living But in case my said Wife be not then living then unto Mrs. Mary Cummings Wife of Colonel John Cummings now on their pafsage from [?]house for Europe for ever And Lastly I do hereby nominate constitute and appoint my said loving Wife Alice Wedderburn sole Executrix of this my last Will and Testament and do hereby revoke and make void all former Will and Wills Codicil and Codicils by me at any time heretofore made and do make and ordain this only to be my last Will and Testament in manner aforesaid In Witness whereof I have hereunto set my hand and Seal in Calcutta aforesaid the thirteenth day of May in the year of Our Lord Christ One thousand seven hundred and seventy seven H.Wedderburn   - Signed Sealed Published and Declared by the within named Henry Wedderburn in the [p.3] presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names thereto Jno. Wilson, Laurence [?]OMaderia, Cha. Eaton  This Will was proved at London the third day of May in the year of our Lord One thousand seven hundred and eighty before the Worshipful George Norris Doctor of Laws Surrogate of the Right Worshipful Peter Calvert Doctor of Laws, Master Keeper or Commifsary of the Prerogative Court of Canterbury lawfully constituted by Oath of Alice Wedderburn Widow the Relict of the deceased and sole Executrix named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased She having been first sworn duly to Admon.

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Prepared by:

Peter Garwood
L'Eau Sal�e
Malauc�ne
84340 France


Send e-mail to: [email protected]

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