(Will of Walter Baine from Newfoundland will books volume 2 pages 48-59 probate year 1851)

In re
      Walter Baine deceased.

I Walter Baine Merchant of Greenock in that part of Great Britain called Scotland being resolved to settle my affairs so as to prevent all disputes relative to the succession to my means and estate after my death and having full trust and confidence in my brother Robert Baine Banker in Greenock whom failing in the other persons after named for executing the trust hereinafter created have given devised granted assigned disponed conveyed and made over as I do by these presents with and under the reservations powers and faculty after mentioned give devise grant assign dispone convey and make over from me my heirs executors and successors to and in favour of the said Robert Baine my brother as trustee aftermentioned with full power to him to assume another Trustee or other Trustees in virtue of the power hereinafter written, and here specially referred to, the major number in case of there being more than two acting Trustees being a quorum as afterwritten And failing the said Robert Baine by death before me or by nonacceptance or failing him by death after acceptance without assuming or leaving another trustee or other trustees then to and in favor of James Johnstone Grieve Merchant in Greenock, Thomas Oliphant Hunter Merchant in Greenock and Charles Philip Hunter presently clerk to Messieurs Baine and Johnstone Merchants in Greenock or such of them as shall be resident in Scotland at the time that the Trust may devolve upon them or him, and to the Survivors and survivor of them accepting hereof as Trustees aftermentioned with power to them or him to assume another Trustee or other trustees as hereinafter written the major number of said last mentioned trustees whether herein named or to be assumed and accepting and acting being always a quorum as afterwritten. But in trust always and only for the ends, uses and purposes herein aftermentioned; all and sundry lands and heritages plantations estates Messuages tenements and hereditaments with the appurtenances rents duties and profits goods gear household furniture and plenishing gold and silver plate, Jewels and Jewellery, debts, sums of money, bank notes, cash, bills Bonds, Bonds and Dispositions in security stocks and shares in companies Stock in trade and Business Interests Dividends, Insurance Policies and in general the whole means and estate property and effects heritable and moveable, real and personal, of whatever kind nature or description nothing of any kind excepted or reserved presently belonging due or accepted or which shall belong or be due or accepted to me or to which I may or shall have any right or title at the time of my death and wheresoever situated and whether in Scotland, England the Island of Newfoundland or elsewhere with the whole Writs, Title deeds securities vouchers and instructions of and concerning my said estate and effects above conveyed and all that has followed or may be competent to follow thereon for ever Dispensing with the generality hereof and declaring these presents to be as valid and effectual as if every particular of my means and estate heritable and moveable real and personal was herein particularly enumerated and described And specially without prejudice to the foresaid generality All that my plantation or estate in the Town of Saint John's in the Island of Newfoundland known by the name of "Horton Plantation or Renfrew Estate" as more particularly described in my rights and titles thereto which are hereby referred to with the appurtenances and whole crops houses Warehouses stores wharfs buildings tenements and erections of whatever description belonging to me thereon and the rent duties and profits payable therefore or arising therefrom and in general all my estate right title and interest therein nothing of any kind excepted or reserved together with the whole writs titles conveyances and securities thereof and all that has followed or may competently follow thereon for ever Surrogating and hereby substituting my said disponee and disponees in the order foresaid in my full right title and place of the premises generally and particularly above conveyed for ever: And I do hereby nominate constitute and appoint the said Robert Baine to be my sole executor administrator and intromitter with my moveable means and estate with full power to him to assume another executor or executors in virtue of the power herein afterwritten the major number of executors in case of there being more that two acting to be a quorum as afterwritten, And failing the said Robert Baine as before particularly written and here referred to and held as repeated then I hereby nominate constitute and appoint the said James Johnstone Grieve, Thomas Oliphant Hunter and Charles Philip Hunter or such of them as shall be resident in Scotland at the time that the trust may devolve on them or him and the survivors and survivor of them, accepting hereof to be my executors or executor, administrators or administrator, and intromitters or intromitter, with my moveable means and estate with power to them or him to assume another executor or other executors as herein afterwritten, the major number of executors accepting and acting to be a quorum as also herein afterwritten: with full power to the said Robert Baine and such other executor or executors as he may assume and the survivors and survivor of such executors the major number in case or there being more than two acting executors being a quorum; And failing the said Robert Baine as aforesaid then with full power to the said James Johnstone Grieve Thomas Oliphant Hunter and Charles Philip Hunter or such of them as shall be resident in Scotland at the time that the trust may devolve upon them or him and such person or persons as they or he may assume as executor of executors and the survivors and survivor of said executors whether herein named or to be assumed the major number surviving and accepting and acting being a quorum, to give up Inventory, confirm testament, take out obtain and expede Probate or Letters of Administration in Scotland, England and Newfoundland, and in all other countries colonies islands and places where it may be necessary so to do and generally to do all other acts deeds and things competent to an executor or which an executor can do by the laws of the countries, colonies, islands and places aforesaid or which may be necessary for carrying these presents into full and complete effect And further I bind and oblige me and my foresaids to make execute and grant such other and further deed or deeds as may be necessary for carrying these presents into full and complete effect and to infeft and seize my said disponee and disponees in the order foresaid in the whole lands and heritages above disponed requiring Infeftment: but declaring as it is hereby expressly provided and declared that these presents are granted by me and to be accepted by the said Robert Baine and such other Trustee and executor or trustees and Executors as he may assume as before written and failing him the said Robert Baine as aforesaid then by the said James Johnstone Grieve, Thomas Oliphant Hunter and Charles Philip Hunter and such other Trustee and executor or Trustees and Executors as they may assume as aforesaid: in trust always and only for the ends, uses and purposes following, videlicet, In the first place for payment out of my said means and estate hereby conveyed of all my just and lawful debts sickbed and funeral charges and expenses and the expenses of executing the trust hereby created which debts charges and expenses my accepting and acting trustee and executor or trustees and executors shall have full power to pay upon being satisfied of the correctness thereof and without requiring legal constitutions of the same except where he or they may consider such necessary: In the Second place for payment out of my said means and estate at such time or times as I may appoint of such legacies and annuities, gifts or provisions as I may bequeath or direct to be paid by any Codicil hereto or by any Letter of Directions, Memorandum or other writing holograph of myself or bearing my signature with reference hereto and clearly expressive of my will although not formally executed and which codicil, letter of directions, memorandum or other writing I reserve full power to execute and leave, and declare to be as valid and effectual as if the same formed part hereof: In the third place I direct and appoint that after fulfilling the hereinbefore written purposes of the present trust and as soon as possible after my death, the clear and free residue of my means and estate hereby conveyed shall be disposed of as follows, vizt That one third part or share of said residue shall be conveyed and made over or paid to my sister Mrs. Jane Baine or Ramsey spouse of Andrew Ramsey, Esquire, residing in Greenock and that the remaining two third parts or shares of said residue shall be conveyed and made over or paid to my said brother Robert Baine; But in the event of the said Mrs. Jane Baine or Ramsay predeceasing me and of my said brother Robert Baine surviving me then the share of the said residue hereby destined and directed to be made over or paid to the said Mrs. Jane Baine or Ramsey shall also be conveyed and made over or paid to my said brother Robert Baine or in other words in the event of the said Mrs. Jane Baine or Ramsay predeceasing me the entire residue of my said means and estate shall be conveyed and made over or paid to the said Robert Baine; Or in the other event of the said Robert Baine predeceasing me and of my said sister Mrs. Jane Baine or Ramsay surviving me then I direct and appoint that the residue of my said means and estate hereby conveyed shall be disposed of as follows, vizt, that the one half of said residue shall be conveyed and made over or paid to my niece Miss Eliza Baine residing in Greenock daughter of the said Robert Baine; and failing either of my said sister and niece by death before me (my said brother Robert Baine having also predeceased me) then and in that event the entire of the said residue shall be conveyed and made over or paid to the survivor of them the said Mrs. Jane Baine or Ramsay and Eliza Baine; but declaring that in the event of the said Eliza Baine dying before or after me and leaving a lawful child or lawful children then I expressly will direct and appoint that such child or children shall be entitled to the whole bequest and full right hereby destined to the said Eliza Baine herself; and failing both the said Mrs. Jane Baine or Ramsay and Eliza Baine (my said brother Robert Baine also predeceasing me) then the full and entire residue of my said means and estate shall be conveyed and made over or paid to such child or children of the said Eliza Baine; And failing all of my said brother, sister and niece, and the child or children of my said niece Eliza Baine according to the foregoing destination, then the said residue shall be disposed of as I may hereafter appoint by any writing under my hand, and failing such disposal and appointment the same shall be conveyed to my own nearest heirs whomsoever; and further declaring expressly that the bequest hereby made to each of the said Mrs. Jane Baine or Ramsay and Miss Eliza Baine is for her own alimentary use alternately and is and shall be seclusive of the jus mariti and right of administration and all other rights whatsoever of the husband of the said Mrs. Jane Baine or Ramsay and of any husband the said Miss Eliza Baine may hereafter marry, and shall not be liable for the debts nor subject to the deeds of such husband nor to the diligence of his creditors and all such rights, debts, deeds and diligences are hereby expressly excluded and I appoint the said bequest to be made over to and secured for each of the said Mrs. Jane Baine or Ramsay and Eliza Baine under the express declaration immediately before written and that my Trustee and executor or Trustees and executors shall see this declaration carried into full and secure effect. And I do hereby give grant and commit to the said Robert Baine whom failing as particularly before written the said James Johnstone Grieve, Thomas Oliphant Hunter and Charles Philip Hunter or such of them as shall be in Scotland at the time the trust may devolve upon them or him, and the survivors and survivor of them accepting this present trust full power warrant and authority to assume at any time or times another person or other persons as trustee and executor or trustees and executors to act in the said Trust, and I do hereby declare that any person or persons who may at any time be assumed into the trust shall have and be vested with and I do now hereby commit to and vest in him or them, and in case of more than one the survivors and survivor of them, all the rights, powers and titles which are hereby given to and vested in my Trustee and executor and trustees and executors specially named herein and specially the same power to assume another Trustee and executor or other Trustees and executors as is hereby conferred on my said Trustee and executor and trustees and executors herein specially named. And I hereby declare that in the vent of there being more than two Trustees and executors acting under this trust the major number of the said trustees and executors whether herein named or to be assumed and accepting surviving and acting from time to time shall always be a quorum And further without prejudice to the general power hereinbefore written I do hereby further give, grant and commit to the said Robert Baine and such person or persons as he may assume as aforesaid, and in the event of such assumption to the survivors and survivor the major number in the event of there being more than two acting trustees and executors to be a quorum as before declared and failing the said Robert Baine as particularly before written then to the said James Johnstone Grieve, Thomas Oliphant Hunter and Charles Philip Hunter or such of them as shall be resident in Scotland at the time the trust may devolve upon them or him, and to such person or persons as they or he may assume as aforesaid and to the survivors and survivor of the said trustees and executors whether herein named or to be assumed, full power, warrant and authority for the purposes aforesaid immediately after my death to enter into possession of the said trust estate and effects to make up and complete rights and titles thereto, to let in lease or tack the whole or any part of my heritable estate and property, to output and input tenants and to uplift receive and discharge the rents duties and profits of whatever description arising from such estate and property and to grant discharges and acquittances therefor as also to uplift receive and recover payment of and realize the whole debts sums of money cash bills bonds bonds and dispositions in security interests dividends Insurance policies and in general the whole estate hereby conveyed and if necessary to sue for payment and recovery thereof and upon payment or recovery to grant acquittances and discharges therefor and renunciations and assignations thereof And further to compound and transact if necessary with any person or persons in regard to any part or portion of my said estate and to enter into submissions or references for determining and settling any matter or claim relating and any questions or differences which may arise in regard to my said estate or any part thereof, and to fulfil the awards which may be pronounced, And specially with full power to my said trustee and executor and trustees and executors in the order foresaid and in case of two or more acting to the survivors and survivor of them, the major number to be a quorum as aforesaid to sell and dispose of the whole or any part of my said estate heritable and moveable real or personal and convert the same into money and that either by public Roup or private bargain and with or without advertisement as may be thought most expedient and for that purpose to enter into articles and conditions of Roup and Sale to receive payment of the price or prices and upon such payment to grant execute and deliver all necessary acquittances dispositions conveyances and assignments and generally such other deed, and all and whatever other deeds necessary for rendering the sale or sales effectual in the same way and as amply as I could have done myself binding me my heirs and successors in absolute warrandice, As also to nominate constitute and appoint any one or more of their own number in case of there being more than one accepting and acting or any other person or persons to be factor or factors, attorney or attorneys and Commissioner or Commissioners for managing realising and disposing of the whole or any part of my said estate hereby conveyed and to remunerate him or them for his or their trouble And further to realise recover and receive payment of my share and interest of the stock in the trade and business of the concern or company presently carrying on business as Merchants in Greenock under the firm of Baine and Johnstone and in Newfoundland under the firm of Messieurs Baine, Johnstone and Company, of which concern or Company I am a partner, or by whatever other name or firm the said concern or company is or shall be carried on and also to receive payment of and recover all other sums of money and others due or addebted or which may be due or addebted to me at the time of my death by said concern or Company and if necessary to sue therefor and upon payment to grant discharges and acquittances for the same with power also to wind up or concur in winding up the said concern or company if necessary and generally to do all other acts deeds and things which may be necessary in relation to my interest in or claims against the said Concern or Company or the winding up thereof, with power further to invest and to lend out in such way and on such security as my said Trustee and executor or Trustees and Executors may think proper any part of my Trust funds, the Writings acknowledgements obligations and securities for such Investments or Loan being always taken in favor of my said trustee and executor or trustees and executors as such only. And I do hereby declare that all receipts discharges and acquittances which may be granted, all leases or tacks, and all submissions and references which may be entered into, and all Articles of Roup, dispositions, assignations, conveyances and other deed or deeds which may be executed by my said trustee and executor or trustees and executors acting in virtue hereof shall be as valid and effectual as if granted, entered into or executed by myself: Declaring also that the person or persons who as debtors or purchasers shall pay to my said trustee and executor or trustees and executors acting in virtue of these presents any sum or sums of money shall no ways be concerned with the application of the same or with any of the provisions or conditions hereof but shall be sufficiently exonerate and absolutely discharged by the receipt and discharge of such trustee and executor or trustees and executors; And declaring further that my acting Trustee and executor or acting Trustees and executors shall be bound to do only such diligence as he or they may think necessary and that he or they shall not be liable for omissions or neglect of management and that in the event of there being more than one acting trustee and executor the acting trustees and executors shall not be liable singuli in solidum, but that each shall be liable for his own actual intromissions only and that such Trustee and executor or trustees and executors shall not be further liable for any factor, attorney or Commissioner that he or they may appoint than that such factor attorney or commissioner was habit and repute responsible at the time of appointment, my express wish and intention being that the actings and intromissions of my trustee and executor or trustees and executors shall receive the most liberal interpretation. And I hereby revoke recal cancel and annul all deeds of settlement wills codicils letters of directions and all other testamentary deeds or writings executed by me prior to the date hereof: And I reserve to myself my own liferent use and enjoyment of the whole estates and effects heritable and moveable, real and personal hereby conveyed and full power at any time to sell and dispose of the whole or any part thereof: And I further expressly reserve full power at any time of my life and even on deathbed to alter, innovate or revoke these presents in whole or in part as I shall think proper: But declaring that the same in so far as not altered or revoked by me shall be a valid and effectual deed though found lying in my own Repositories or in the custody of any other person to whom I may entrust the same undelivered at the time of my death, with the delivery whereof I have dispensed and hereby dispense for ever: And I consent to the registration hereof in the Books of Council and Session or others competent in Scotland and in all competent books records and registers, In England, the Island of Newfoundland or elsewhere therein to remain for preservation and thereto I constitute James Moncrieff, Esquire, Advocate, my Procurators- In witness whereof these presents consisting of this and the ten preceding pages of stamped paper written by John Macdougall Writer in Greenock are subscribed by me and also sealed by me the said Walter Baine that is to say the first ten pages are subscribed by me and this eleventh or last page is subscribed and sealed by me the said Walter Baine all at Greenock upon the first day of march in the year of our Lord one thousand eight hundred and forty eight before these witnesses the said John Macdougall Writer, hereof, and George Raff and William Innes both Clerks to the said John Macdougall and residing in Greenock (signed) Walter Baine (LS) Jno Macdougall Witness. Geo. Raff, Witness. Wm. Innes, witness. Signed Sealed published and declared by the said Walter Baine the testator as and for his trust disposition and deed of Settlement and last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses, (signed) Jno Macdougall, writer in Greenock, witness, Geo. Raff, Clerk to John Macdougall, Writer, Greenock, witness. Wm. Innes, Clerk to John Macdougall, writer Greenock, witness.

I Walter Baine before designed considering that my brother Robert Baine also before designed has recently died whereby his nomination to the office of my trustee and executor and the bequest in his favor as before written have fallen: as also considering that the within named James Johnstone Grieve has now removed to Newfoundland, and that in consequence I have resolved to appoint additional Trustees and executors, therefore I do hereby nominate constitute and appoint William Tarbet, Merchant in Liverpool and James Johnstone of Willow Park, Greenock, to be Trustees and executors under my before written trust disposition and settlement, and of my means and estate thereby conveyed along with the said James Johnstone Grieve and the before named and designed Thomas Oliphant Hunter and Charles Philip Hunter and without prejudice to the conveyances in my said trust disposition and settlement but in corroboration thereof and in order to make the nomination hereby made effectual, I do hereby give devise grant assign dispone convey and make over from me and my heirs, executors and successors to and in favor of the said William Tarbet and James Johnstone along with the said James Johnstone Grieve, Thomas Oliphant Hunter and Charles Philip Hunter by my said trust disposition and settlement with the whole writs and instructions thereof declaring this conveyance to be as comprehensive valid and effectual in favor of my whole trustees and executors herein named as the conveyances in my said trust disposition and settlement which are here specially referred to and held as repeated brevitatis causa. But in trust always and only for the ends uses and purposes specified in said trust disposition and settlement And I confirm and renew in favor of my Trustees and executors before named and the acceptors or acceptor of them and such person or persons as may be assumed into the trust in virtue of the power contained in my said trust (Trust) Disposition and settlement, the whole powers privileges and immunities contained in that deed which are also here specially referred to and held as repeated brevitatis causa Declaring that the major part or number of my accepting and acting trustees and executors whether herein named or to be assumed in virtue of said power shall always be a quorum; And further I do hereby ratify and confirm my said trust disposition and settlement except in so far as the same is hereby altered or has fallen by the death of the said Robert Baine and I consent to the Registration hereof along with the said trust disposition and settlement in the Books of council and Session or others competent in Scotland and in all competent books records and registers in England, the Island of Newfoundland or elsewhere for preservation, and thereto I constitute James Moncrieff Esquire, Advocate, my Procurators. In witness whereof this codicil written upon this and the preceding page of stamped paper by John Macdougall Writer in Greenock is subscribed and sealed by me the said Walter Baine that is to say the preceding page is subscribed and this page is subscribed and sealed by me at Greenock upon the seventh day of September one thousand eight hundred and forty nine years before these witnesses the said John Macdougall writer in Greenock, George Raff Accountant there, and William Innes clerk to the said John Macdougall and residing in Greenock (signed) Walter Baine (LS) Jno Macdougall, Witness, Geo. Raff, witness, Wm. Innes, witness. Signed sealed published and declared by the said Walter Baine, the testator, as and for a codicil to his trust disposition and settlement prefixed hereto and to be taken as part thereof in presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses (Signed) Jno Macdougall, writer, Greenock, witness. Geo. Raff, Accountant Greenock, witness, Wm. Innes, Clerk to John Macdougall, writer, Greenock, witness.

To the Trustees and executors under the trust disposition and settlement executed by me on the first of March eighteen hundred and forty eight and codicil thereto executed on the seventh of September eighteen hundred and forty nine. Dear Sirs, With reference to the settlement above mentioned I hereby request and direct you to pay the following legacies out of the funds of my estate, vizt, To Misses Helen and Charles Gemmill residing in Irvine (daughters of the late David Gemmill and Janet Macfie of same town Three hundred pounds each, to their sister Mrs. Elisabeth Gemmill of Hamilton wife of John Hamilton Shipmaster in Irvine and failing her to her daughter Janet Hamilton Three hundred pounds excluding the jus mariti of the husband of the said Elisabeth Gemmill or Hamilton and of any husband the said Janet Hamilton may marry To their other two sisters Mrs. Jean Gemmill or Neilson wife of Mr. J.B. Neilson Glasgow, and Agnes Gemmill intended to be married to Mr. Hugh Black, Bute, Fifty pounds each- to John Morris Shipcarpenter Greenock son of the late William Morris and Elizabeth Baine of same town two hundred pounds, to Mrs. Elisabeth Barbour Greenock sister of the said John Morris or failing her to her daughters in equal shares or the survivor of them one hundred pounds, to yourselves in trust for the benefit of John Arroll Cooper in Greenock son of the late William Arroll Seaman and Mary Baine of same town one hundred and fifty pounds to be laid out in the purchase of an annuity for the life of the said John Arroll or applied towards his maintenance in whatever other way you may deem most fit it being hereby declared that the said bequest is intended for his aliment and not to be liable for any debts he may be owing or shall contract, to Robert Arroll Shipmaster in Greenock nephew of the said John Arroll Two hundred pounds, To William Arroll Seaman brother of the said Robert Arroll One hundred pounds, to John Blain Paterson clerk to Baine and Johnstone Greenock one hundred pounds, to John duff, Clerk to same company, fifty pounds, to Duncan Smith presently Gardener to me at Seafield, if in my employ at the time of my decease, twenty pounds, to each of the domestic servants who shall be in my service at the time of my decease ten pounds, to the Treasurer of the Greenock Infirmary for the benefit of that Institution One hundred pounds, to the Treasurer of the Greenock Female Benevolent Society for the benefit of that Institution Fifty pounds and to the Treasurer of the Greenock Free School for the benefit of that Institution Fifty pounds All these legacies to be paid so soon as the Funds realized form my Estate shall render it convenient for you to make payment and to bear Interest at the rate of four per cent per annum from the expiry of six months after my decease until paid and these several legacies which do not exceed fifty pounds also the legacy to the Infirmary to be paid free of Legacy Duty. In witness whereof this my holograph letter written on this and the preceding page is subscribed by me at Greenock the twenty eighth day of November in the year eighteen hundred and fifty. (Signed) Walter Baine.

To the Trustees and executors under the trust disposition and settlement executed by me on the first of March eighteen hundred and fifty eight and codicil thereto executed on the seventh of September eighteen hundred and forty nine. Dear Sirs, I have already in a separate holograph letter of this date requested you to pay sundry legacies out of the funds of my estate and I hereby further request and direct that so soon as you shall have received payment in full of the bills or other securities which shall be granted you for the amount of the balance that shall be found due to me at the time of my decease by the concern of Baine and Johnstone together with the interest thereon till the date or dates of payment and shall be satisfied that my heirs are free from all liabilities on account of said Company of which I am at present a partner you will then pay out of the funds of my estate the sum of five hundred pounds to each of my three present co-partners in said concern, namely, James Johnstone Grieve at present residing in Newfoundland, Walter Grieve usually resident in that colony but at present in Scotland and Charles Philoip Hunter residing in Greenock. In witness whereof this my Holograph letter is subscribed by me at Greenock the twenty eighth day of November in the year eighteen hundred and fifty. (Signed) Walter Baine. We Thomas Oliphant Hunter, Charles Philip Hunter, William Tarbet and James Johnstone as before designed do hereby accept of the Offices of Trustees and executors conferred upon us by the before written trust disposition and settlement and codicil. In witness whereof this Minute of Acceptance written by John Macdougall, Writer, Greenock, is subscribed by us at Seafield Greenock upon the eighteenth day of December eighteen hundred and fifty before these witnesses Walter Grieve Merchant in Newfoundland presently in Greenock and the said John Macdougall (Signed) T O. Hunter, C.P. Hunter, W. Tarbet, James Johnstone. Walter Grieve, witness, Jno Macdougall, witness.

Certified correct,
D. M. Browning
Registrar