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Will of Sir William MacGregor
from Newfoundland will books, volume 11 pages 485 to 488 probate
year 1920
In re Sir William MacGregor deceased
Registrar of Deeds, &c. Books of Council and Session. At Edinburg
the twenty third day of July one thousand nine hundred and nineteen
the Deed hereinafter Engrossed was presented for registration in
the books of the Lords of Council and Session for preservation and
is registered in the said books as follows:- I the Right Honorable
Sir William MacGregor P.C.G.C.M.G.C.B. of Chapel-on-Leader in
the Counties of Roxburgh and Berwick in Scotland and presently residing
at 34 Hans Road London S.W. in order to settle the succession to
my means and estate after my death do hereby give grant assign and
dispose devise legate and bequeath to and in favor of the Honorable
William Francis Forbes Semphill, master of Semphill, Colonel
R.A.F. presently residing at twelve Gardnor mansions London N. and Donald
Gordon Stalker, Solicitor, Galashiels, Scotland, and to such
other person or persons as I may hereafter appoint or as may be assumed
to act in the Trust hereby created and the acceptors or acceptor
and survivors or survivor of them [the major number of them accepting
and acting and resident in Great Britain for the time being a quorom
as Trustees for the ends uses and purposes hereinafter mentioned
and to their assignees all and sundry the whole means and estate
heritable and movable real and personal of what kind or denomination
or wheresoever situated presently belonging or which may belong to
me or over which I may have the power of disposal at the time of
my death -- And I appoint the said Trustees to be my sole executors
- But declaring that these presents are granted in Trust only and
for the purposes following videlicet
-
[First] For payment of all my just and lawful debts deathbed
and funeral expenses and the expenses of executing this Trust,
and including all Government Duties payable in respect of my death
and all other charges against my estate.- declaring that I desire
that my remains shall be cremated and the ashes interred with the
remains of my parents in the Cemetery of Towie, Aberdeenshire
- [Second] I direct my trustees to pay or make over at the first
term of Whitsunday or martinmas which shall happen six months after
my death, free of legacy duty, but without interest
[A] To my dear wife Dame Mary MacGregor the sum of
three hundred pounds sterling which sum shall include the expense
of providing mournings for herself and my household:
[B] To the eldest son of Colonel Harry des Voeux the
gold watch and pen holder which belonged to my dear friend Sir
William des Voeux and was presented to me by Lady des Voeux:
it has been a great pleasure to me to possess these articles and
I hope they will be as greatly prized by my legatee as they have
been by myself:
[C] To the University of Aberdeen the Ethnological and
Orinthological Collections at Chapel-on-Leader - to be placed
in the museum of said University along with the collection which
I have already lent to said University but subject to the condition
that my said wife shall be entitled to retain therefrom as her
own property any special articles she may desire to have before
the same are handed over to said University and also under the
condition that the ornithological collections should be properly
mounted and preserved by the authorities of said University.
[D] To the University of Queensland as a memento
of the first Chancellor of that school - my connection with which
was one of the joys of my life - my Banner now suspended in the
Chapel of Saint Michael and Saint George in Saint Pauls Cathedral
London and also the Pen and Inkstand used by me when I dedicated
Government House, Brisbane, to the University of Queensland:
[E] To each of the following friends who may survive me
some small memento - to be selected by my Trustees and my said
wife unless I shall specially indicate same by any note or writing
under my hand however informal -videlicet :-
The Right Honorable Sir Samuel W. Griffith P.C.K.C.M.G.L.L.D.:
The Honorable Sir Charles K. MacKeller K.C.M.G.M.L.C.
Professor John Marnock C.V.O.
and Henry Fenwick Reeve Esquire C.M.G.
[F] To my son James Rob MacGregor and to my daughter Mrs.
Helen Hahn such sum as represents the amount of legatetim which
they each can claim in terms of the Law of movable Estate in Scotland
but under deduction of all sums which I have already paid to them
or on their account respectively and which are properly deductible
from shares of legatetim - Further my said Trustees shall in addition
to the legacies above mentioned pay or make over such other legacy
or legacies as I may leave by any writing under my hand formal
or informal and whether written on these presents or apart - if
clearly expressive of my wishes as to which my Trustees shall be
the sole judges
- [Third] I direct my Trustees in the event of my said wife Dame
Mary MacGregor surviving me, to give her so long as she remains
my widow and does not remarry the liferent use and enjoyment
of my estate of Chapel-on-Leader, including the mansion house
offices and grounds, together with the whole household furniture
and plenishing therein at my decease including books pictures
linen china plate plated articles wines and provisions horses,
carriages & cars, my collection of coins, all my Decorations
and Commissions and generally everything useful and ornamental
belonging to me which may be in or about my house at the time
of my decease and also all other articles of a personal character
belonging to me: Declaring that the said life-rent shall be under
burden of payment of all rates taxes feuduties (?)
stipend fire insurance and all other charges properly payable
out of income including management and the expense of all repairs
necessary to keep the said estate and buildings fences and plantations
thereon in proper order and repair as to which my said Trustees
shall be the sole judges:
- [Fourth] On the death or remarriage of my said wife I direct
my said Trustees in the event of my granddaughter Honor Cecelia
Paget only child of my late daughter Dame Alpina Viti Paget having
reached the age of twenty five years to dispose and make over to
her as her own absolute property my said estate of Chapel-on-Leader
with the mansion and grounds furniture and other contents and effects
as above specified: And in the event of my said granddaughter not
having attained said age my said Trustees shall hold the said estate
of Chapel on Leader and others above specified for her liferent
use and enjoyment until she attain said age when my Trustees shall
dispose and make over to her as above provided - Further declaring
that in the event of my said granddaughter failing to attain said
age of twenty five years but leaving lawful issue then my Trustees
shall hold said estate of Chapel on Leader for behoof of such issue
in fee And further providing that in the event of my said granddaughter
predeceasing my said wife or of her surviving my said wife but
not attaining said age or leaving lawful issue my Trustees shall
dispose and make over my said estate of Chapel on Leader furniture
and others as above specified to my daughter Mary MacGregor in
fee.
- [Fifth] With regard to the residue and remainder of my means
and estate I direct my Trustees to pay to my said wife should she
survive me: So long as she survives me and does not remarry the
whole income and produce thereof for her liferent use allenarly
(?) and on her death or remarriage my
said Trustees shall divide said residue into two equal parts or
shares - and with regard to one part or share thereof shall pay
over the same to my said daughter Mary MacGregor as her
own absolute property [declaring with regard to any provisions
herein in favor of my said daughter Mary that in the event
of her predecease lawful issue shall come in place of and take
the share to which their parent would have been entitled to had
she survived - and that whether such provision should consist of
the estate of Chapel or a share of residue]: And as regards the
other part or share of my residue my Trustees shall hold or pay
over the same to my said granddaughter Honor Cecelia Paget or
her issue in the same manner and under the same conditions as herein
before provided in her favor with regard to my estate of Chapel
on Leader Further in the event of my said daughter Mary predeceasing
my said wife without leaving lawful issue the share of residue
destined to her shall be paid to my said granddaughter at the term
and on the conditions provided with regard to the other share of
residue destined to my said granddaughter: And in the event of
my said granddaughter predeceasing my said wife, or of her surviving
my said wife but dying without leaving lawful issue before reaching
the age of twenty-five years, the share of residue destined to
her shall be paid over to my said daughter Mary as her own
absolute property. And I declare that the provisions herein contained
in favor of my wife and children are in full satisfaction of all
legal rights of terce jusrelictae legitim or bairns part of gear
which could be claimed by them in consequence of my decease - And
I give to my said Trustees the following powers over and above
the powers conferred by Statute on gratuitous Trustees videlicet
Power to sell my means and estate heritable or real, movable or
personal or any part thereof and that either by public roup (?)
or private bargain in their sole discretion and with power to any
Trustee or Beneficiary under my will to be a purchaser: And particularly
I empower my said Trustees to sell my said estate of Chapel-on-Leader
[but only with the consent of my said wife so long as she is in
the enjoyment of the liferent thereof] and invest the proceeds:
Power to leave my estate in any investments or securities in which
it may be invested at the time of my death or to realize same at
such time and in such manner as they think fit And I declare that
my Trustees shall not be liable for any loss arising from any investments
in which they may so leave the estate And I empower my Trustees
to appoint Factors and Law Agents either one of their own
number or any other fit person and to allow them the usual professional
remuneration: nor shall my Trustees be liable for such Factors
or Law Agents beyond that they were habit and repute responsible
when appointed And I declare that my domicile is in Scotland and
that this will shall be sonstrued (?)
and the rights of all beneficiaries therein shall be determined
according to the Law of Scotland: And I appoint my Trustees to
be Tutors and Curators to my said granddaughter or any other beneficiary
under this will during pupillarity or minority: And I revoke all
wills or Testamentary Writings of every kind made by me at any
time heretofore: And I reserve my own life rent and I dispense
with delivery hereof -
In Witness Whereof I have subscribed these presents written on this
and the three preceding pages, along with the marginal additions
on Pages first and second hereof, by the said Donald Gordon Stalker at
London on the twelfth day of October nineteen hundred and nineteen
before these witnesses Amy Paish, trained nurse. Eighty-nine
Lambeth Palace Road London S.E. and Catherine Sarah Miles housemaid
at Thirty-four Hans Road London S.W.[Signed] Wm. MacGregor
Signed by the said Sir William MacGregor as and for his last
will 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] Amy Paish Trained Nurse 89 Lambeth Palace Road London
S.E. Witness
Catherine Sarah Miles housemaid 34 Hans Road S.W. Witness.
Extracted from the Register of Deeds &c, in the Books of Council,
and Session on this and the Seven preceding pages by me Assistant
Keeper of said Register. Robert D. Gray.
Correct William F. Lloyd
Registrar of the Supreme Court of Newfoundland.
(Listed in the margin next to this will the following)
Re. Seal
Fiat Aug 3/20
Kent J.
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