Will of James I. Stewart
from Newfoundland will books volume 7 pages 208-212 probate year 1902

The last Will of
      James Stewart late of Edinburgh, Scotland.

I James Stewart Esquire of Blackhouse for the settlement of my affairs in case of my death do hereby assign dispose and convey devise legate and bequeath to and in favor of Mrs. Margaret Southlands Stirling or Stewart my spouse, and to any other person or persons who may be hereafter named by me or who may be lawfully named into the trust (the major number accepting surviving and resident in the United Kingdom at the time being always a quorum) a trustee and Trustees for the ends uses and purposes after mentioned All and sundry the whole means and estate heritable and moveable real and personal of every kind and description and wheresoever situate that shall belong to me at the time of my death with the whole writs and vouchers thereof: and I nominate and appoint the said Mrs Margaret Southlands Stirling or Steward and any other person or persons who may be hereafter named by me as trustees as aforesaid or who may as aforesaid be assuries as such trustees to be my sole executor and executors and also to be tutor and curator and tutors and curators to such of my children or other beneficiaries under this trust as may be in popularity or minority at and after my death but declaring that these presents are granted in trust only for the ends uses and purposes following viz.

In the first place, for payment of all my debts including any debts or trustens created by me affecting or heritably secured my heritable estate or any part thereof and of my sickbed and funeral expenses, and the expenses of executing this trust

In the second place my trustee or trustees shall pay to my said spouse the sum of three hundred pounds for mournings, which sum shall be paid as at the date of my decease with interest thereafter and shall further hand over to my said spouse all my carriages and carriage horses, harness and trappings.

In the third place my trustee or trustees shall allow to my said spouse the life rent use and enjoyment of the Mansion House of Blackhouse estate with its office and pertinents and shall pay over to her the whole free rents and other annual produce and income of the remainder of my means and estate, and that so long as she shall survive me and remain my widow, but all benefit to her under this purpose of trust shall cease on her entering into a second marriage; and declaring that so long as she shall enjoy such benefit, she shall in respect thereof maintain upbring and educate such of our children as shall be unable to maintain themselves and shall make to the others or to such of them as may in her opinion require the same, such allowances from time to time as in the circumstances she shall consider suitable of the necessity for such amount of which allowances she shall alone judge.

In the fourth place in the event of the death or second marriage of my said spouse my trustee or trustees shall first divide and pay among and to my youngest daughter Mary, my other daughters being already sufficiently provided for and my sons, other than the son who under the provision hereinafter made shall become my residuary legatee the sum of fifteen thousand pounds or such lesser sum as may be equivalent of one half of the total amount, should the same be less than Thirty thousand pounds of the net capital & value of my estate as then existing, exclusive of estate held under the trusts of my marriage contracts and taking for the purpose of such valuation my lands of Blackhouse (in which general manner I include my lands of Dykes Milling, Saint Fillans Well Auchingarth and Tuock) as of the value of thirty thousand pounds said division being in such proportions as I may hereafter direct by any writing under my hand, or failing that as may be directed by any writing under the hand of my said spouse and failing any such writing equally between and among them, and the same being payable in the case of sons on their attaining the age of twenty five years and in case of my said daughter on her attaining that age or being married, whichever event shall first happen and declaring that in the event of any of them predeceasing the period for payment of his or her share leaving issue, such issues shall be entitled equally among them to the share which would have fallen to their parent if in life, and that the two of any one predeceasing said period without issue shall accrue to the survivors jointly with the issue of any predeceasing the division being per stirpes and (second) pay and convey the residue and remainder to my eldest son James Sterling Stewart and the heirs of his body whom failing to my younger sons severally in the order of seniority and the heirs of their bodies respectively whom all failing to my own nearest heir declaring always that no son or heir entitled to succeed shall have the succession paid or made over until such son or heir shall have attained the age of twenty five years and no son or heir shall be held to have octes eight until such son or heir shall have attained that age, and declaring that in the event of the death of my son or sons while any of my said children or their issues are under the age entitling them to have their shares paid or made over to them, my trustee or trustees shall hold and apply the rents and other annual produce and income of that share of my means and estate prospectively falling to each such child or issue of a child or such paid thereof as may be deemed necessary and right for the maintenance, upbringing and education of such child or issue until actual payment of the share; declaring also that it shall be in the power and option of my trustee or trustees at any time to make any advance or advances to any of my said children who may not have received payment of his or her share with the view of enabling such child to take into business or marriage or otherwise benefitting such child which advance or advances shall to the extent thereof be considered so in anticipation of the share destined to the child to whom such advance or advances may be made;

And I declare that the provisions herein contained in favor of my said spouse and children are not intended to come in place of, but to be additional to, the rights conferred on them under the contract of Marriage between me and my said spouse and in addition to the powers conferred by statute or common law on gratuitous trustees and without prejudice thereto I confer upon my trustee or trustees power to sell and realize the trust estate hereby conveyed or any parts thereof to grant fens of any lands or any part thereof, to execute repairs or improvements on said lands or buildings thereon, to borrow money on the security of said estate or any part thereof, to postpone the realization of said estate or any part thereof as it may stand at the date of my death; to continue to hold and carry on for behoof of my estate and for such period and on such terms as they may think expedient any business in which I may be engaged at my decease either by myself or in company or jointly with others; to make such arrangements and settlements relating to my shares and interest in any business to which I may be interested along with others as my trustee or trustees may think advisable to continue to hold employ or trade with any ship or vessel which may at the time of my death be owned by me alone or jointly with others, or in which I may then be interested in any manner of way by myself alone or jointly with others; to become, in respect of any such ship or vessel or shares or interest therein, and upon the usual conditions members of or otherwise join any Mutual Protection Club or Association for the purpose of protecting the interest in any such ship or vessel or share or interest therein against losses not covered by ordinary marine policies of insurance; to continue or renew the investments (including shares or stocks in any Public Company,) or any of them in which they may find the funds of my said estate or any of them at the time of my death, and to let out or invest the trust funds or any part thereof in or upon the Banks, mortgage debentures, debenture, dock or deposit receipt of any bank or public company registered or carrying on business or having an office within the United kingdom and being at the time, in the opinion of my trustee or trustees, of good repute, for such length of time as they in their discretion shall think proper; Declaring that persons transacting with my trustee or trustees shall have as concern with the application of any moneys, goods or others received by my trustee or trustees; And I further provide and declare that any partner with whom I may be associated and any of the beneficiaries under these presents or under any codicil thereto, notwithstanding that such partner or beneficiary may be a trustee under these presents (unless such partner of beneficiary shall at the time be sole trustee) may be an offerer for such purchaser of any part of the trust estate at such price and on such terms as my trustee or trustees shall think proper whether at public or private sale;

And I further authorize my trustee or trustees to appoint Land agents and Factors from among their own number or otherwise and to allow them the usual remuneration for their services as such; And I provide and declare that my Trustee or trustees shall in the execution of the offices hereby conferred on them be entitled to the fullest privileges, powers and executions usually conferred in similar cases, that they shall not be liable for the intromission of any factor to be appointed by them, nor for the securities, properties or others on which they may lend out or invest the trust funds provided the said factor securities and investments were reputed sufficient or eligible at the time and that their intromission shall be instructed by their own writs or oath alone in lieu of all other proof, and I revoke all and any settlements, wills or other testamentary writings heretofore executed by me; and I reserve my life rent of the premises and full power to cancel, alter or add to their presents at present and I dispense with the delivery hereof and of any such alteration or addition; and I consent to registration hereof and of any direct alteration or addition for preservation.
In witness whereof these presents written on this and the three preceding pages by Daniel Andrew Morrigan apprentice to Finlay Daniel Morrison Writer in Greenock are subscribed by me at Blackhouse on the fifteenth day of November in the year eighteen hundred and ninety two before these witnesses the said Finley Daniel Morrison and Duncan McGillivray my cashier and bookkeeper and residing at number eighty eight Finnart Street Greenock. (Signed) James I. Stewart. Signed by the above named James Stewart the testator as and for his last will and testament in the presence of us present at the same time, who at his request in his presence, and in presence of each other have hereunto subscribed our names as witnesses.
Signed F. D. Morrison of 32 Cathcart Street, Greenock.
Witness D. N. Gillivray of 88 Finnart Street Greenock

      I certify the foregoing to be a true copy of the last will of James Stewart

D. M. Browning
Registrar

(Listed in the margin next to this will the following)
Fiat
Emerson J.
Re-sealed
24 Nov. 1902