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Will of James Stewart
from Newfoundland will books volume 4 pages 453 to 457
probate year 1844
(The will index gives the probate year, for this will, as 1844, but it
is filed chronologically with wills from 1886)
In re James Stewart deceased.
I James Stewart Merchant of Greenock considering that as I am about
to embark on a voyage to Newfoundland and for other causes and considerations,
it is proper in order to prevent disputes relative to the succession to my
means and estate after my death, that I settle the same in manner following,
Therefore I do hereby give, grant, alienate and dispone from me, my heirs and
successors whomsoever To and in favor of Mrs. Joanna Shaw, my wife, William
Stewart Merchant in Greenock my brother, John Thomson, William
Johnston and
Walter Baine Grieve Junior Merchants in Greenock and to such
person or persons as I shall appoint or they shall assume in virtue of the
powers hereinafter committed to them, and to the survivors or survivor of them
(the major part alive and accepting at the time being always a quorum) as trustees
for the uses, ends and purposes after mentioned, and to the onerous disponees
of the said Trustees, heritably and irredeemably all and sundry my lands, tenements
and heritages whatsoever, heritable bonds, rights claims and interest and generally
my whole heritable subjects of every description, presently belonging or which
shall belong to me at the time of my death, with the whole writs, title deeds,
grounds, evident and securities of the same with all that has followed or may
be competent to follow thereon: And in like
manner my whole goods and gear, ships, barques, and vessels, stock in trade,
debts, sums of money plenishing, furniture and effects whatever, and generally
my whole moveable subjects, now belonging or that may belong to me at the time
of my death; And I do hereby make and constitute
my said Trustees my lawful cessioners and assignees not only in and to the
whole moveable estate now belonging or which shall belong to me at the time
of my death, but also to the whole writs, documents, vouchers and instructions
of the same, with all that has followed or may follow thereon; surrogating
and hereby substituting my said Trustees in my full right, title and place
of the premises: In which lands and heritages
I bind and oblige me, my heirs and successors to infeft and lease my said trustees
to be holden a me vel de me, and for that purpose to grant Procurations of
Resignation, Precepts of Sasine and all other writings necessary: All which subjects, heritable and moveable, above disponed are conveyed by
me in trust always for the uses, ends and purposes and under the conditions
and reservations after mentioned;
In the First place my said Trustees shall satisfy all the just and lawful debts
that may be resting owing by me at the time of my death, with my funeral charges
and the expense of executing this trust;
In the second place my said Trustees shall pay to my beloved wife, the said
Mrs. Joanna Shaw, an annuity of three hundred pounds sterling during all the
years of her life to be paid to her monthly in equal instalments commencing
at my death, or after twelve months shall have elapsed from my sailing from
any port or place and not being heard of, with the legal interest of the said
annuity from the time the same shall become due, till payment;
In the third place my said Trustees shall dispone, convey and make over to
my said wife the whole of household furniture and plenishing to be used, enjoyed
and disposed of by her at her pleasure;
In the fourth place in the event of there being children of our present marriage
I hereby appoint my said wife out of the foresaid annuity of three hundred
pounds to cloathe, support and educate the said children until they shall severally
attain the age of ten years; and upon their
severally attaining that age, I hereby authorize and direct and appoint my
said trustees to allot to each of them, as they shall attain the said age,
such an annual sum or sums for their future education and support as my said
trustees may think reasonable and proper;
In the fifth place, after setting aside such a sum of money as will secure
the payment of the foresaid annuity to my wife, I hereby direct and appoint
my said Trustees to redispone, convey and make over to the issue of my present
marriage the whole of my means and estate, heritable and moveable, in the event
of there being only one child of the said marriage; but
in the event of there being more than one, then to the said children equally
among them, share and share alike; and in either case, I appoint the said conveyance
to be made at the periods and subject to the conditions following, namely,
if a son or sons, upon his or their attaining the age of twenty five years
complete, but not sooner, a reasonable yearly allowance being made to him or
them by the said trustees for their education and support from the time of
my death or after they shall have attained the age of ten years, until they
shall have arrived at the age of twenty five years; And
if a daughter or daughters upon her or their severally attaining majority,
but my said trustees are, in this last case, hereby directed and required to
reinvest the share or shares of my estate, heritable or moveable coming to
her or them on such security as they shall see proper, taking the conveyances
or securities thereof in favor of my said daughter or daughters in liferent
for their liferent use allenarly, and to the child or children to be lawfully
procreated of her or their bodies in fee; an
allowance being also to be made by the said Trustees for their support similar
to the above until they shall have attained majority as aforesaid; And I hereby declare that in the event of my not having children of my present
marriage, or in the event of my having children and their dying before attaining
the age of twenty five years in the case of sons, or majority in the case of
daughters; or without children lawfully procreated of their or either of their
bodies, and surviving them, then and in that event I direct and appoint my
said Trustees to dispone, convey and make over my whole property heritable
and moveable to my said brother William and his heirs, subject always to the
liferent annuity of three hundred pounds to my wife before mentioned
In the sixth place, as it is my wish to help my brother William forward in
business, I hereby direct and appoint my said Trustees to allow him the use
of fifteen thousand pounds sterling of my capital; or stock in trade for the
period of ten years after my decease upon his granting his personal Bond for
the same, and paying them interest for the use thereof at the rate of two pounds
per centrum per annum; the remainder of the
means and estate belonging to me, if any to be laid out and secured for behoof
of my children, should there be any of my present marriage, and failing them
for behoof of my brother as before directed, at the sight of my said Trustees,
or a majority of them; declaring that the annuity
to my said wife shall be paid out of the interest of the said loan to my brother
so long as he shall retain the same; And farther
I do hereby declare that although my present marriage should dissolve by the
death of my wife or myself within year and day, the liferent annuity before
mentioned conceived in favor of my said wife shall subsist and have full effect
in the same manner as if no such dissolution had happened, any law or practice
notwithstanding; And I the said Mrs. Joanna
Shaw alias Stewart do hereby accept of the foresaid annuity of three
hundred pounds, and disposition of household furniture and plenishing, in full
satisfaction of all terce of lands, legal share of moveables, and every other
thing that I jure relicta or otherwise could ask, claim or crave from my said
husband or his heirs, executors and representatives, in and through his death
in case I shall survive him, or that my nearest of kin can ask or demand of
him through my death, in case he shall happen to survive me: And farther I the said James
Stewart do hereby give full power to my said Trustees
or their quorum, or the survivor, to add and assume such other person or persons
one or more as they shall think fit, to be Trustees along with them, And which
Trustees so named and assumed shall possess the same powers and privileges
which are hereby conferred on the trustees above named; And
for carrying these presents more effectually into execution I hereby nominate
and appoint my said Trustees for the uses and purposes foresaid to be my sole
and only executors and intromitters with my goods and gear, with power to them
to give up Inventories of my effects, and fonrim my testament if needful; And I also nominate and appoint my said Trustees to be tutors and curators
to my said children should there be any of my present marriage; committing
hereby to them the whole powers competent to tutors and curators by law for
managing the estate of minors; And I hereby declare that my said trustees whether
acting as such or in the capacity of tutors and curators shall not be bound
to do diligence nor in solidum nor for omissions but only each for his own
actual intromissions only;
And I hereby reserve to myself not only my liferent right of the whole subjects
hereinbefore conveyed But also full power and liberty at any time in my life
and even on deathbed, to revoke, burden or alter these presents in whole or
in part as I may see fit, except with regard to the annuity and household furniture
provided to my said wife: And I dispense with
the delivery hereof, and declare these presents in so far as they may be unaltered
by me, though found in my repositories or in the possession of a third party
undelivered at the time of my death, to have the effect of a delivered evident,
any law or practice to the contrary notwithstanding, And
we the said James
Stewart and Joanna Shaw consent to the registration
hereof in the Books of Council and Session or others competent therein to remain
for preservation; or, if need be that Letters of
Horning on a charge of six days and all other execution of the law may pass
and be directed hereon in form as effein And thereto constitute William
Kerr writer in Greenock Procurators; In witness
whereof these presents written upon this and the three preceding pages of stamped
paper by David Glassford, writer in Greenock are subscribed
by us at Greenock the nineteenth day of July eighteen hundred and twenty five
years, before these witnesses George Williamson, writer in
Greenock and the said David
Glassford (signed) James Stewart, Joanna Stewart, Geo. Williamson,
witness, David Glassford, witness.
Certified correct,
D. M. Browning
Registrar
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