Last Will and Testament of Dr John Forrest (1865) Ref SC70/6/4 non-Scottish Court

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I Doctor John Forrest C.B. Inspector General of Hospitals having resolved to make the following settlement of my affairs and having full trust and confidence in the persons after named for executing the trust hereby reposed in them do hereby give grant assign and dispone to and in favour of Donald McLachlan of Sourabaya Merchant Archibald McLachlan of Ryde Isle of Wight and Robert Sconce Procurator Fiscal Stirling and the acceptors or acceptor survivors or survivor of them and to such other person or persons as may be hereafter appointed by me or shall be appointed or assumed in manner after mentioned and to the heir of the last survivor of the said whole trustees the

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the major part accepting and surviving at the time having acquired All and Sundry Lands and Heritages goods and gear debts claims and sums of money and in general the whole means estate and effects heritable and moveable real and personal of what motive and denominations soever or wheresoever situated presently belonging or which shall belong to me at the time of my death with the whole vouchers and instructions writs titles and securities of and concerning the estates and effects above conveyed and all that has followed or may be competent to follow thereon; And I hereby nominate and appoint my said Trustees above named and any other Trustee or Trustees that may be hereafter appointed or

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or assumed to be my sole Executors and Intromittors with my moveable means and estate and I nominate and appoint the said Donald McLachlan and Archibald McLachlan and Robert Sconce to be Tutors and Aviators to my son and daughter John Forrest and Mary Ann Forrest. But these presents are granted in trust always for the ends uses and purposes after specified vigt. First for payment of all my first and lawful debts, deathbed and funeral expenses and the expense of executing this trust. Second that my said Trustees shall be carried out and into full effect the provisions of Contract of Marriage dated 10th August and registered in the Books of Council and Session 1st September 1858 entered

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entered into between me and Mrs Emma Jenkin or Forrest my present spouse. Third that my said Trustee shall within six months after my death or as soon thereafter as may be convenient, realize the whole of my means and estates hereby conveyed and shall hold in trust and lay out and apply the sum of £5,000 stg, leaving interest from the day of my death for and on behalf of my daughter the said Mary Ann Forrest in manner following vigt that is to say it shall be held and invested by my said trustees in their own names upon heritable security or in the Government Funds or in the purchase of feuduties for and on behalf of my said daughter in liferent for her liferent use

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use allenarly and of the persons entitled to succeed to her in manner after mentioned in fee declaring that the whole or such part as may be necessary of the interest or annual proceeds accruing therein shall be applied by my said trustees towards her maintenance and education until she shall be twenty one years of age or be married and that from and after, whichever of these events shall first happen the whole of the said interest on annual proceeds shall be paid by my said trustees to my said daughter half yearly in equal proportions at Whitsunday and Martinmas during all the days and years of her life for her own personal support and subsistence only exclusive always of the jus mariti of

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of any husbands she may marry and it shall not be in her power to assign the said alimentary provision nor shall the same be arrestable or attachable either by her own debts or deeds or the debts or deeds of her husband and that the receipts of the said Mary Ann Forrest alone without the consent of any husband she may marry shall be good and effectual discharge to any said trustee. Fourth with regard to the residue and remainder of any said means and estate to the extent of £5,000 if they amount to as much but no further I direct and appoint my said trustees to hold and invest the same for my son the said John Forrest in their own names upon heritable security or

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or in the Government Funds or in the purchase of feuduties for and on behalf of my said son until he shall be twenty one years of age when the same shall be payable to him or his heirs or assignees whomsoever and in the meantime until he shall have attained that age my trustees are hereby authorised and empowered to apply the whole or such part as may be necessary of the interest or annual proceeds accruing on his said share or moving towards the maintenance and education of my said son. Fifth with regard to any residue or reminder of my said means and estate beyond the said provision of £5,000 to each of my said son and daughter and other charges foresaid I direct and appoint my

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my said trustees to pay the same equally to and between my said son and daughter on their respectively attaining the age of twenty one years complete declaring also that if my said son the said John Forrest shall die before he shall attain the foresaid age of twenty one or if my daughter the said Mary Ann Forrest shall die before she shall attain that age or be married then the shares or moiety of my means and estate provided or intended for the one so dying shall accrease to the survivor and be held and invested by my said trustees and shall become payable or be applied and subject to the same conditions and declarations as is before provided with reference to the provision of £5,000 intended for the

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the said John Forrest or Mary Ann Forrest respectively as the case may be and declaring also that in the event of the death of the said Mary Ann Forrest after she shall have attained the age of twenty one or after she has been married whatever share or amount of my said means and estate may have been liferented by her shall be payable at her death to her own nearest heir or assignee whomsoever she being entitled in that event in a competent form to leave and bequeath the same to any person she may deem proper at her death and lastly declaring that in the event of the death of the said John Forrest and Mary Ann Forrest before they shall have attained the foresaid age of twenty one or

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or before the said Mary Ann Forrest shall be married I hereby leave and bequeath and direct any trustees to pay assign and dispose the free residue of my means and estate heritable and moveable above conveyed to my sister Jane Anderson Johnstone and my nephew John Forrest Johnstone children of the late Alexander Johnstone Surgeon in Stirling, equally share and share alike and failing either of them by death to their heirs or assignees whomsoever respectively and I bind and oblige myself, my heirs executors and successors to execute and deliver to and in favour of my said trustees all further deeds necessary for fully vesting the provisions in these persons with full power to them to enter into the possession

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possession and management of the said whole trust estates and effects to call sue for uplift receive and discharge the sums of money debts and effects hereby conveyed with the whole rents interests and annual profits that may accrue thereon and with special power to the said trustees to compound transact and agree as to submit and refer any questions or differences that may arise in relation to the said trust estate and effects all which transactions and submissions with the Deceaseds Arbitral to follow thereupon shall be valid and effectual and farther with power to any said trustees from time to time as may be necessary or prudent to sell and dispose of all or any part of the Trust Estates and Effects and

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and that either by Public Roup or private bargain and to grant all requisite Dispositions and Conveyances to the purchasers also with power to any said Trustees from time to time as may be necessary to alter change or vary such funds, stock or securities in or upon which they shall have lent or placed out the monies coming into their hands in virtue of the present trust for others of the like nature when so often as it shall deem to them expedient and generally with the most unlimited power to my said trustees to do every thing which I could have done before granting hereof declaring notwithstanding what is before written they shall have full powers if

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if they shall see cause of which they shall be the sole judges to postpone the payment of the share of any means and estate intended for my son the said John Forrest for such time as they deem proper but not after he shall have attained the age of twenty five years. Declaring also that the person or persons who as debtors or purchasers foresaid shall pay to the said trustee any sum of money shall be noways be concerned with the application of the same or with any of the conditions or provisions hereof but shall be sufficiently resonated with the simple discharge of the said trustees with full power also to the trustees or trustees hereby appointed or to be appointed in pursuance hereof from time to time as they may

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may judge it expedient to appoint and assume such other person or persons as they shall think fit to be a trustee or trustees for executing the purposes of this settlement and also to appoint factors or Law Agents either of their own number or other fit persons to manage affairs hereby committed to their charge. Declaring that any said Trustees and Executors shall not be liable for omissions errors or neglect of management nos singuli in solidum but that each shall be liable for his own actual intromissions only and that they shall not be further liable for any factor whom they may appoint than that such factor is habit and repute responsible at the time of appointment and declaring also that any said trustee shall be entitled to

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to resign their said office even altho’ they may have accepted and acted and it shall be in the power of the remaining trustees or trustee to grant the trustee or trustees to resigning a valid and effectual discharge of his or their intromissions under this trust if he or they shall be entitled to receive such a discharge and I hereby reserve not only my own liferent of the estates and effects above conveyed but also full power at any time of any life and even on deathbed to alter or revoke these presents as I shall think proper. But declaring that the same in as far as not attend or revoked by me shall be valid and effectual though found lying in my own repositories or in the custody of

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of any other person undelivered at the time of my death with the delivery whereof, I have dispensed and hereby dispense forever and I consent to registration In Witness Whereof these presents written upon this and the two preceding pages of stamped paper by John Sinclair junior clerk to the said Robert Sconce are subscribed by me at London the 6th day of October 1858 years before these witnesses Robert John Overton and William Brown Barrie Gentlemen both of No. 17 Charles Street, Saint James’ Square, London – John Forrest – signed by the said John Forrest in the presence of us present at the same time who in his presence at his request and in the presence of each other hereto subscribe our names as witnesses. – R J Overton 17

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17 Charles Street, St James Square, London Gentlemen Witness Wm B Barrie 17 Charles Street, St James Square, London Gentleman Witness.


I Doctor John Forrest within designed being desirous to enlarge the provision to my daughter contained in the foregoing Deed of Settlement do therefore ordain and appoint my Trustees named and who may act in and by virtue of the said deed after realizing my means and estate in terms of the third purpose thereof to hold invest and apply £8000 Stg thereof in lieu and deed of the £5,000 thereby provided for behalf of my said Daughter and of the persons entitled to

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to succeed to her as therein expressed but subject always to the whole conditions and provisions specified in the said settlement But declaring that the provision of four thousand pounds for my present wife after named shall not be chargeable on that part of my estate set apart from my said daughter but only against the residues allocated to any son as after mentioned and I recal and cancel that part of the fifth purpose of the said deal which provides an interest to my said daughter or other foresaid in the residue of my estate and declare that the £8,000 above provided which shall be paid free of legacy duty or other expenses with the provision of silver plate furniture and

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and bed and table linen after written shall be in full of her whole interest therein, farther I hereby leave and bequeath to my said daughter and direct my said trustees to hand over to her on my decease for the joint use of herself and my wife after named so long as they shall reside together my whole silver plate household furniture and bend and table linen Farther I also recal and cancel the provision contained in the fourth purpose of the said trust deed in favour of my son John Forrest now in Java and likewise that part of the fifth purpose in which he might be interested in so far as inconsistent with the bequest in his favour herein written and I ordain and appoint my said trustee and heir and stead

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stead thereof to hold and apply for his behalf or convey and make over to him and those who may be entitled to succeed to him the whole residue of any said means and estate after providing the sum for my daughter before specified subject always to the rights of my present spouse while she remains my widow as after mentioned and that in the manner provided for in the said Trust Deed which I hereby confirm in all respects except in view so far as now altered with this codicil and considering that my Contract of Marriage with Miss Emma Jenkin now my spouse dated 10th August and registered in the Books of Council and Session 1st September 1858 I obliged

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obliged myself my heirs executors and successors to lay out and secure the sum of £4,000 Stg, in manner and in the terms therein mentioned for the behoof in liferent so long as she should remain my widow and unmarried to another husband and to the children of our marriage whom failing my own heirs or assignees in fee and that I wish the sum so provided and received to be taken from and form part of the residue of any estate and during the life of my said spouse to remain separate and distinct from my other funds I hereby expressly direct and appoint my said trustees and my said son in so far as he may come in any way to be concerned with the management or investment of the

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the said fund during the lifetime of my said spouse to retain any separate investment which I may make of the said sum or if that should be paid up again to invest and continue to retain the same separate and distinct from any other funds or estate which may come under their management or control in virtue of my testamentary deeds and to pay over to her the proceeds and interest thereof in terms of our said Contract of Marriage And I consent to the registration hereof in the Books of Council and session or others confident for presentation In Witness whereof these presents written by George Sinclair junior clerk to John Navine Foreman Writer to the Signet Edinburgh are

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are subscribed by me at Bath the 17th day of February 1862 years before these witnesses George Jenkin Esq residing at No 19 Brock Street, Bath and James Hillard Lodging House Keeper No 29 Brook Street Bath – John Forrest – signed by the said John Forrest in the presence of us present at the same time who in his presence at his request and in the presence of each other hereto subscribe our names as witnesses – George Jenkin Esq 19 Brock Street Bath Witness – James Hillard Lodging House Keeper Witness 29 Brock St Bath

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The Principal Registry

In Her Majesty's Court of Probate.

Be it known that on the 5th day of October 1865 the last Will and Testament with a Codicil hereunto annexed of John Forrest late of Queens Parade Bath in the County of Somerset Esquire Doctor of Medicine Companion of the most Honourable Order of the Bath deceased, who died on the 10th day of September 1865 at Queens Parade Bath, aforesaid, was proved, and registered in the principle Registry of Her Majesty’s Court of Probate and that administration of all and singular the personal estate and effects of the said deceased was granted by the aforesaid Court to Donald McLachlan Esquire and Archibald McLachlan Esquire two of the executors named in the said Will

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Will they having been first sworn well and faithfully to administer the same, by paying the just debts of the deceased and the legacies contained in his Will and Codicil and to exhibit a true and perfect inventory of all and singular the said estate and effects, and to render a just and true account thereof whenever required by Law so to do. Power reserved of making the liable grant to Robert Sconce Esq, the other executor named in the said Will.-

(Signed) Edward F Jenner,
Registrar


Stamp £280
Sworn under Eighteen
thousand Pounds
in the United Kingdom


The above named testator
was domiciled in England
at the time of his death
(Signed) Edward F Jenner
Registrar

Edinburgh 2nd November 1865, I James Lawson Hill Commissionary clerk of the County of Edinburgh, hereby certify that this grant of Probate has been produced in the Commissionary Court of the said County and that a copy thereof has been deposited with me.

(sigd James Hill seal)

So die compd