Last Will and Testament of Dr John Forrest (1824) Ref SC67/36/7 Stirling Sheriff Court
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......... Inv'y of the pers'l Estate of John Forrest At Stirling the Twenty Seventh day of October Eighteen hundred and twenty four years. In presence ?? ???? Compeared Henry Abercromby Writer in Stirling and produced & & whereof the terms follow ????. Inventory of the personal Estate of Dr John Forrest Physician in Stirling who died upon the twenty fifth day of October Eighteen hundred and twenty two with Interest due on principal Sums at that date.
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5th 6th Bro’t Forward Principal sum in blank by the late David Blank Hill to the defendant dated 21st June 1822 ……………………………………………. Interest due herein at 5 pc Balance due by the said David Forrest on an account consent between the defund and him dated 28th November 1821 …………………. Interest dye herein
Amount inventory and valuation of the Defuncts ½ ? share of shop goods specially bequeathed to John Forrest the defuncts second son and blank by him to Dr Dinismore the defuncts partner at …………………………………………………. The Deceaseds ½ value of the blank kept on account of the joint blank Amount of the defuncts share of sundry shop accounts blank recovered by Dr Dinemore ……………………………………… NB There are still some inconsiderable debts seeking to first concern but it is doubtful whether any part will be recovered Rent of house in Dabbin Street, Edinburgh due by Mr David Forrest the Defuncts son at lihilly 1822 ………………………. Amount Inventory and valuation of the deceased’s household furniture and valued by Messrs Jaquen Liendappsey, Elizabeth Forrest Andrew Newton At Stirling the twenty fifth day of October Eighteen hundred and twenty four years. In presence of Andrew Multon Commissary clerk of Stirling Commissioner approved by John Fraser Esquire advocate Commissary Depute of the said Commissioned compeared Mrs Elisabeth Glas or Forrest, widow of the deceased Dr John Forrest physician in stirling who being solemnly sworn and examined deplores that the said Dr John Forrest died upon the twenty fifth day of October Eighteen hundred and twenty two, and the Dessonent has entered upon the possessions and management of his personal estate as executive nominated by him in a disposition and settlement hearing date the twenty seventh day of March Eighteen Hundred and be recorded in the town court books of Stirling the thirty first day of October Eighteen hundred and twenty two for behalf of herself as liferenter and the other persons therein named first, an extract of which Deed of Settlement is now exhibited and signed by the dissonent and the said commissioner as relative hereto that the dissonent does not know of any settlement or writing left by the deceased’s relative to the disposal… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…disposal of his personal estate and effects or any part of them other than that now exhibited and codicil thereto dated the third day of April Eighteen hundred and twenty and recorded in the town Court Books of Stirling the thirty first day of October Eighteen Hundred and Twenty Two an extract whereof is now exhibited and signed by the dissonent and commissioner as relative hereto that the foregoing inventory each page of which is signed by the dissonent and commissioner as relative hereto is a full and complete inventory of the personal estate and effects of the said deceased Dr John Forrest wheresoever situated and belonging or due to him beneficially at the time of his death and that the value of the said estate situated in Scotland is of the value of two thousand pounds slg and under the value of three thousand pounds slg all which is both as the dissonent shall answer to God (Signed) Elisabeth Forrest, Andrew Mutton Comms (Follows the registered Disposition and Deed of Settlement) At Sterling the thirty first day of October eighteen hundred and twenty two years. In presence of Daniel Hingate Esquire one of the present Barches of the Burgh of stirling commisoner,. Mr Robert Sconee notary as procurator for Dr John Forrest after designed and produced and gave in the deposition and Deed of settlement underwritten declaring the same might be insert and registered in the Town Court Books of said Bargh for presentation and publication of execution conforms to the clause of registration therein contained which desire the said Bailie granted and ordained the same to be done accordingly and whereof the lenor follows that I Dr John Forrest Physician in Stirling taking into my most serious considerations that by my present marriage with Elisabeth Glas my wife I have seven children in life named David, Christian, Elisabeth, Marion, Margaret, Isabella, Craigh and John Forrest and that there was no contract of marriage or other settlement executed between her and blank wherefore it becomes prudent and necessary to make a proper settlement of my affairs amongst my…. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…my said spouse and children and for these and other roughtly considerations as well as for the love favour and affection which I have and bear to them, I the said John Forrest with the special advice and consent of my said spouse and I the said Elisabeth Glas for myself and interest and we the said spouses do by these presents of mutual advice and consent deliberately make and enter into the following settlement any agreement these are to say I the said John Forrest do hereby with and under the burdens and conditions aftermentioned, fell, alienate and dispose from me and all others to and in favour of the said Elisabeth Glas my spouse in liferent for her liferent use allenanly during all the days of her lifetime after my decease and that only so long as she continues my widow and to the said David Forrest our eldest son and his heirs or assignees in fee all and blank an single road of land lying blank east. James Nicolson yard bounded by the road belonging to James Jacksons heirs on the east, James Nicholsons lands on the west, the sea flood on the south and the high street on the north parts. Item all and build another road of lands bounded by James Nicholsons lands on the east the lands belonging to James Jackson’s heirs on the west and the high street and sea flood on the other parts. Item all and build four roads of land bounded betwixt the roads belonging to James Jackson’s heirs on the east and west the sea flood on the south and the highway and common land on the north parts Item all and hill two long roads and a half road of land lying in that soil called Bold Back near that part called Green Hill betwixt the lands sometime of William Blackburn now of Misslbeten Freguson on the South the lands of Swinton. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Swinton then of Cockernie and disposed by him to John Cruich on the south and north the lands of salvage on the west and the common way on the east parts. Item all and haill these two road of lands lying near the greystone bounded by the loop sometimes belonging to cockarie and disposed by him to the said John Brack on the south the road belonging to Thovost Cunningham on the North Salvage on the West and the common road banand high Road on the east parts. Item all and haill on double road of land about fifteen elns width lying on the east banks betwixt and about the lock yard bounded by cockances Road on the south the road leading above the head of the yards on the east Hillfield on the west and the land of on the north parts item all and haille these five roads and one quarter or fourth part of an road of land lying within the liberties of the Burgh of investreithing part whereof called the leek yard bounded by the lands of Mary Husband and heir of John Cowen on the North Hillfield on the west the lands of………………………….. on the south and the Kings High Street on the East part Item all and Haille these five roads of land lying betwixt the soate well bounded by the lands of James Ferguson in the South the lands of salvage on the west the lands sometime of the heirs of Bandies bounded now to the heirs of James Jackson on the North and the Common ean on the east parts Item all and haille four roads or pieces of land lying near that part commonly called the proper dike betwixt the lands sometime of William Blackburn now of the heir James Ferguson on the North the said proper dike on the south the lands of salvage on the West and the Kings high way on the East parts item all and haille… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…Hiull two roads of land betwixt the lands of Andrew Adamson now to the said John Crouch on the South the lands of John Bandie now also of the said John Crouch on the north, the lands of the Salvage and high way on the other parts Item all and haill four roads or pieces of land lying betwixt the land of the said John Bandie now of the heir of the said James Ferguson on the North the lands of the said John Bandie now of the said John Crouch on the south the said lands of Salvage and high way on the other parts, Item all and haill two roads of land lying in that part called the seaws betwixt the lands of Andrew Adamson now of Adam Turnball on the South the said Cockaince lands on the North the said lands of Salvage and high way on the other parts. Item all if haill two roads of land lying betwixt Cockaince lands on the South, the lands of John Adamson now of James Jackson on the north the said lands of Salvage and high way on the other parts. Item all and Haill on single road of the land bounded betwixt the lands of William Blackburn son of the said James Jackson on the south, the lands of the deceased Mathew Grey now of the heirs of the said James Ferguson on the north the said lands of Salvage and highway on the other parts. Item all and haill one single road of land bounded betwixt the land sometime of William Blackburn now of General Preston on the south the lands of Mathew Grey now of the heir of the said John Crouch on the north the said lands of Salvage and highway on the other parts. Item all and haill two roads and a half of land betwixt the land of Mathew Grey now of the heir of James Ferguson on the south the land of William Blackburn now of heir of the said James Ferguson on the north the said lands of Salvage and high way on the other parts. Item all and haill another… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…Another road and fourth part of a road lying in the short crafts betwixt the lands of William Brown Noother now of James Jackson on the east, the lands of General Preston on the west the common way on the north and Seafield on the south parts, all which lands above mentioned lye within the liberties of the said Burgh of Inverkeilthing and County of life. Item all and haill these five sixtenth parts of the lands of Paster Casters and bounded as in the original rights and securities thereof also lying within the liberties and Parish of Inverkeilthing and County of life. Item all and whole that piece of ground at the west mef of Inverkeilthing being part of the lands of Caster Brucks marked and hacked off by meuth and Stones unfined consisting of three fourth parts of an aere shots measure likewise lying within the liberties and Parish of Inverkeilthing and County of life and bounded in manner particularly mentioned in a few contract thereof entered into betwixt me the said John Forrest and David Reid. John Henry Cockiance, Richard Alliston Phillips, Shadrach Moyes and Henry Neulch commissioners of her majesty custom in Scotland and their successors in office for behalf of the Resentue of Custom caring date the fourteenth and nineteenth days of January Eighteen hundred and seven with the free use and privilege of a cart road twelve feet wide thereby reserved to me at all times both on the east road north sides of the wall to be built by these for inclosing part of said ground. And it is declared that they shall not delvetion or reed up any part of the said lands more then where caution and rock have gone before and of old and under the other reservations herein expressed to be holden always of and under me my heirs and successors in few farm lie and herelagy days for payment of Seven Pounds…. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…pounds Seventeen shillings and sixpence for each of the first twelve yards after martinmas eighteen hundred and six and fifteen pounds fifteen shillings Stirling yearly thereafter in name of fewduty all at two terms in the year Whitsunday and maritamas by equal portions and doubling the said land mentioned fewduty at the entry of each heir or singular successor all as more fully narrated in the said few contract. And all and haill an annual rent of twenty pounds Stirling or such annual rent life or more as shall legally correspond to the principal sum of four hundred pounds inflatable at Martinomas and Whitsunday by equal portion yearly during the net redemption with a fifth part more of each times annual rent of penalty case failure. Fourth of all and whole these parts and portions of the lands of Easter Sears more lying on the east side of the high road leading from Denny to Denny Loanhead and whole houses and buildings thereon or that may be built thereon and whole pertiments thereof and which parts and portions foresaid are nearly about the just and equal half of all and whole that free shilling land of Caster Seamores lying north from the Greenduke with the heal Cavits in the main and the Carol Cavits in the Bassie heir belonging thereof with the peinds great and small passanages and vicarage of the said lands and haill houses begging yards blank blank meadow blank in field pasturages parts pendicles and parliament thereof whatsoever as the same in blank and blank which lands were purchased and required by John Munhead there in Palkink and Mary Bandie his spouse from Richard and Rleander Quiante merchant in Glasgow and James Oswald of Drybargh and are an part and parts and portion of the few shilling land of Caster Seamores sometime belonging… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…belonging to Andrew Beward all lying in the barry of South Nonbertshine Parish of Denny and there of Stirling excepting further thereof the mumfaurd and that piece of ruin ground lying beneath the vestage of an old dyke and extending to five hres of ground or thereby be also all and whole the south part of that blank of blank lying on the east side of the murfauld which belonging to John Gilles and purchased by the said John Murhead and Mary McCardie from David Buthell Portioner of Caster Borland bounded on the North with a line of mauch Stones betwixt the ruin above disposed and the said David Bulshells remaining part of the said Chester Bavil and on the east south north west parts by the lands above disposed with the haille parts and pertinents thereof lying within the furnish of Denny and Shire of stirling as also all and haill that piece of marble land lying on the north side of the Bassie mask commonly called airhurs napkin or Gurhel purchased from Alexander Brands mason at Loanhead and bounded as mentioned in his disposition to Robert Paterson Cooper in Camelons uncles lying within the parish of Denoy and shire of Stirling as also all and whole that part of Bassie mok and spreadfield purchased and acquired from Lady Lean Stirling of Glosal and bounded as mentioned in the rights and infiflments thereof lying also in the said parish of Denny and Shires of Stirling together with the lands of the said land parsonage and vicarage in so far as the said Robert Paterson had right thereto, all which lands and others foresaid where purchased by him from the deceased John Paterson his uncle and in which he stood duty infeft conform to his instrument of sarine recorded at Stirling the ninth day of March seventeen hundred and ninety four or forth of any part or portion of the said lands and … | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…and other foresaid rents mails and duties of the same but also all and whole the said lands and other haulages themselves in further security of the payment of the foresaid, principal sum of four hundred pounds due by him to me with the penalties expenses and others due by and contained in the said honourable Bond but redeemable always and under revision the said annual rent and land or manner therein mentioned further. I do hereby with and under the burdens and conditions after expressed assign convey and make over to the said Elisabeth Glas my spouse in liferent for her liferent allenarly during all the days of her lifetime after my decease and that only so long as she continues my widow and thereafter to the said David Forrest our eldest son and his foresaids in fee the rents and duties of the foresaid several haulages yearly fewduty payable as aforesaid by the commissioners of the customs and the foresaid principal sum of four hundred pounds annualrent thereof femintlies annexed to both and expenses that may be resting at the home of my death and in time coming thereafter with the whole life deeds and evidents as well old as new belonging to the said several subjects declaring always as it is hereby expressly provided and declared and the said Elisabeth Glas becomes bound in respect of the liferent provisions foresaid and the further liferent provisions in her favour after expressed so long as she remain my widow to entertain maintain cloath and educate our children before named creditably in family with himself until they are of age and capable to do for themselves and upon the decease of my said spouse or in the event of her managing again whereby her and liferent provisions will lermmate and the fee often to the said David Forrest I hereby burden him with the payment to each of the said Christian Elisabeth Marion Margaret and Elisabeth Craigh his sisters of the sum of five hundred pounds stg of portion with the legal interest thereof from the term of Whitsunday or maritmas… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…maitinmas immediately preceding the extentions of the said mothers liferent at and against the neat of these terms subsequent thereto and yearly thereafter during the net payment with a fifth part mose of the said sums of penalty in case of failure which portions are hereby expressly declared to be real burdens upon and affecting the several lands haulages and others before disponed to the said David Forrest by and until the same be fully satisfied and discharged and are hereby appointed to be engrossed and invest as such in the infelments charters and other investitures to follow hereon moreover and for the causes forsaid I the said John Forrest do hereby with consent of my said spouse and under the burdens and conditions aftermentioned sell alienate and dispose from me and all others to and in favour of the said Elisabeth Glas my spouse in liferent for her liferent use allenarly during all the days of her lifetime after my decease and that only as long as she continues my widow and to the said John Forrest our youngest son and his heirs or assignees in fee all and haill, that bedement of land high and high back and fore with the yard colofs and pertinent thereof lying within the Burgh of Sterling near to the foot of the Bakers wynd and on the north side of the street bounded betwixt the tenement and yard lately belonging to Colonel Albou Casfeine of Lanoch on the west and north the houses and yard belonging to Alexander Palow and the house belonging to Thomas Einlayson and Lilly Provue spouses the east and the said high street called the Bioters wynd in the south parts and which were purchased by John Glas Senior Merchant in Sterling from Margaret Jaffrey widow of the deceased Robert Forrester Wright in Sterling together with the lertitude of access through the said John Glas other subjects on the north side of the said whynd disposed to John Glas his eldest son in all necessary occasions to repair the roof and…. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…and back walls of the above tenement and blog but is as not to eyne the said other subjects excepting and necessary always that northmost part of the foresaid yard as divided from the south part by a hedge with free accept to and from the same as formerly possessed by the said John Glas senior himself and which he had disposed to William Glas his youngest son together with the rents and duties of the said tenement of said yard clof and pertinents above disposed that may be resting or current at the home of my death and in time coming thereafter living their respective rights of liferent and fee as before distinguished with the whole title deeds and evidents as well as old as new belonging thereto declaring always as it is hereby eassissly provided and declared that upon the decease of my said spouse or in the event of her marrying again whereby her said liferent provision will terminate and the fee open to the said John Forrest I hereby burden him with the payment to each of the said Christian Elisabeth Marion Margaret and Isabella Craigh Forrest his sister of the sum of One Hundred pounds sterling of portion with the legal interest thereof from the term of Whitsunday or Maritimas immediately preceding the extinction of their said mothers liferent at and against the neat of these terms subsequent thereto and yearly thereafter during the net payment with a fifth part more of the said sums of penalty in case of failures, which portions are hereby expressly declared to be real burdens upon and affecting the said tenement yard clofs pertinents before disposed to the said John Forrest by and until the same be fully satisfied and discharged and are hereby appointed to be engaged and invest as such in the infilments (tharley) Charles and other investities to follow hereon in the which several lands tenement annualrent and other haulage before disposed Item and oblige me my heirs and successors under the burden and conditions before specified to unfelt and pease the… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…the said Elisabeth Glas my spouse David and John Forrest our sons and their foresaid for their respective interests of liferent and fee as before distinguished upon my said sons their own changes and expenses by two several fulfilment and manners of holding blank blank blank blank me for payment of the same fewduties and other burdens payable by myself and that either by resignation or confirmation and for decomplishing the said fulfilment by resignation I hereby Make and Constitute and each of them jointly and severally my lawful procurator giving granting and committing to them full power warrant and commission for me and in my name to compean before my immediate lawful superiors of the subject before disposed or their commissioners having power to receive resignation and grant new infilment and therewith all due reverence and by staff and custom as use is to resign and surrender as I by these expressed in the dispositive blank hereof and again below as repeated blank blank resign blank and surrender blank and deliver all and haill the foresaid several tenements yards annualrents and other haulages with the whole pertinents before disposed lying and described as aforesaid in the hands of my said superiors or their commissioners having power as aforesaid in favour and for new infeflments to be made and granted by the same to the said Elisabelth Glas David and John Forrest and their forsaids for their respective interests of liferent and fee as before distinguished had declaring that the foresaid several portions in favour of my younger childrenbefore named shall be real burdens upon and afflicting the said several lands and other haulages respectively as before distinguished by and until the same be fully engrossed and insert as such in the infeflement charters and other investitures to follow hereon all in such due and competent form as effects acts instruments and documents one or more as necessary in the pressures to… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…to ask and receive and generally every other thing thererent to do which to the office of procuratory in such casese is known to belong promising to hold the same firm and stable without revocation moreover I do hereby with and under the burdens and conditions after expressed assign convey and make over to the said Elisabeth Glas my spouse in liferent use allenarly during all the days of her lifetime after my decease and that only so long as she continues my widow and to the said David John Christian Elisabeth Marion Margaret and Isabella Craigh Forrest our children equally betwixt them shere and share alike but with the burden of their mothers blank and funeral charges all and sundry other haulable debts blank annualrents or other hulages besides thouse before specially conveyed to my said sons together with all and sundry moveable goods blank sums of money bank notes gold and silver blank and blank household furniture plenishing and all other moveable of whatever name or denomination which may be pertaining belonging or addebted and resting to me at the time of my decease and more particularly without prejudice of the said generally the sums of money following but One hundred pounds due by Mr John Grieve surgeon in Glasgow’s bill dated the fourth day of October Eighteen hundred and three, fifty pounds due by James Dinsmore Bill dated the twenty ninth day of October eighteen hundred and six thirty pounds due by his other bill dated the twenty eighth day of April Eighteen hundred and eight, fifty pounds advanced to account of five shares held by me in the Mercules Insurance Company and five hundred and seventy pounds lodge with the Stirling Banking Company conform to their cashiers receipts with the interest that may be due as well as any dividends to be made by the said Aberculeos Insurance Company together with the vouchers of the… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…the said debts themselves and any others that may be hereafter taken in necessary or changing the securities and failing any of my said daughters by death but leaving lawful years, such years shall succeed to the parents portion and shares and blank said blank the deceasors portion and shares shall divide equally amongst my said sons and daughters then in life Excepting always from the above general conveyances the whole of my shop utensils and medicines that may be in the shop and cellar belonging to me at my death which I leave exclusively to the said John Forrest and I hereby nominate constitute and appoint the said Elisabeth Glas and my said children before named for their respective interests of liferents and fee as aforesaid to be my sole and only executors and inromitters with my moveable glade before disposed to them Resuring advise to myself my liferent right and use of the several subjects both haulable and moveable before disposed during all the days of my lifetime and full power at any time hereafter by one or more blank under my hand to record annul or alter these presents which so far as may not be so altered I declare the same to be as valid and effectual if found in my custody or in that of any confident person at my death as if a of all portion inturale congeistion and other cloms competent to them delivered evident of the date hereof any law or practice to the contrary being hereby dispensed with which liferent provisions before written in favour of the said Elisabeth Glas and burdened as aforesaid are hereby acceptable of by here in full of all lice of land held of movable and of every other claim competent to her blank relict and the provisions before specified in favour of our said sons and daughters are declared to her in full to them by and through the decease of their parents or other of them or any other manner of way and I recommend to and request Doctor Robert Moor of Loceie whom failing Doctor Charles Graham his eldest son John Bunn Esquire of Lesddron whom… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…whom failing William Bunn his eldest son, Mr John Grieve Surgeon in Glasgow the Reverend Mr John McMullon of Newforth the Reverend Mr William (William) Sheriff Minister of McMannans and Mr John Bonnal the Blank in sterling to aid and assist my said spousewith their best advice in the management of our children and I nominate and appoint her and them any three of them being a guarum to be sales and curators to such of my said children as may be under age at my decease for taking care of them and their affairs declaring that they shall not be liable for omissions nor to do exact diligence but only liable for their actual intromissions pro-rata and not in soladum and for grater security we the saids John Forrest and Elisabeth Glas spouse consent to the registration hereof in the Books of Council and Session or others competent for preservation and publication and if necessary that all legal diligence and execution upon a charge of six days may pay hereon and thereto constitute our procurators blank to the effect that the said Elisabeth Glas David and John Forrest and their foresaids may be respectively blank in the foresaid several subjects for their foresaid several subjects for their respective rights of liferent and fee as before specified of the said John Forrest hereby desire and require you and each of you my baulies in that part hereby specially constituted that on sight hereof blank blank to the ground of the several subjects before disposed and there give and deliver haulable state and blank with realactual and corporal possession of all and shall the foresaid several lands tenements yards annualrents and other haulages with the whole pertinents before disposed lying and described as aforesaid to…. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…to the said Elisabeth Glas David and John Forrest and their foresaids for their respective interests of liferent and fee as before distinguished but advise with and under the burdens conditions and declarations specified in the disposition clause hereof and now held as again repeated fireicatis blank and declaring that the foresaid several portions in favour of my younger children before named, shall be real burdens upon and affecting the said several lands and other haulages by any and until the same be fully satisfied and discharged and shall be engrossed and insert as such in the blankcharters and other investitutures to follow hereon and shall by deliverances to the said Elisabeth Glas David and John Forrest and their foresaids or to their certain attorney or attornies in their names blank thereof of Durth and Stone with other symbols necessary of land upon the ground of the several subjects as use is and this in nowise ye leave undone the which to do I connect to you and each of you as said is my full power by this my precept of blankdirected to you for that effect in blank whereof I and the said Elisabeth Glas my spouse blank blank these presents conserting of this and the fourteen preceding pages of paper stamped as directed by law all written by Andre Mullon Writer in Stirling and the foresaid Andrew Mullon witnesses also to our signing the marginal note on page fourth another on page fifth another on page eleventh and other on page thirteenth of these presents all written by the said Andrew Moulton and two words of the twelfth line from the foot of page fourteenth were deleted before signing Signed John Forrest Elisabelth Glas Mr Bell wilnef Andrew Mutton writer attorney the said Baice Cordains all Legal diligences and execution necessary by pointing arresting or otherwise to half hereon and that next… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…next after a change of six days hereby warranted to be given to in duty and lawfully given and expired and in the meantime grants warrant to blank in common form extracted upon this and the thirty five preceeding pages of stamped paper by Signed Mr Galhruath Clerk Stirling 26 October 1824 This is the Extract Registering Disposition and Deed of Settlement referred to in the deposition blank the by me of this date before Andrew Moulton Commissary Clerk of the Commissioner of Stering Commissioner appointed by the Commissary Depute of said Commissionet (Signed) Elisabeth Forrest Andrew Moulton Blank blank Registered Codicil All Stirling the thirty first day of October Eighteen Hundred and twenty two years in presence of Daniel Frangile Esquire one of the present Bailles of the Burgh of Stirling Comissioned Mr Robert Sconce Notary as procurator for John Forrest and Elisabeth Glas after designed and produced and gave in the Deed underwritten desiring the same might be insert and registered in the Town Court Books of said Burgh for preservation conform to the Clause of Reistration herein contained which desire the said Bauche granted and ordained the same to be done accordingly and whereof the tenor follows that we John Forrest and Elsabeth Glas spouses residing in Stirling considering that upon the 27th day of March 1810 we jointly and with consent of each other executed a Disposition and Deed of settlement of all our means and estate in favour of our children as therein specified and recommended and appointed to them tutors and curators named in the said Deed of Settlement which we now under the alterations restrictions and additions after specified which we reserved liberty to blank to make approve of and confirm in so far as not hereby altered and declare that the codicil shall form part thereof and be equally binding as the said Deed itself and now seeing that Elisabeth Forrest our second… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…second daughter was sometime ago married to Robert Rede Writer in Chief whose affairs have since gone into disorder and as our said daughter in the event of his predecease may not receive any provision from his funds or property by way of blank blank blank or other ways therefore in virtue of our reserved power to alter or revoke the said Deed of Settlement at pleasure we do hereby declare and appoint that the said Robert Adie our said daughters husband shall have no right or title to uplift demand or interfere with the portion provided to our said daughter from our means and estate by and his our said Deed of Settlement in virtue of his blank blank courtesy of Scotland or of any other title whatever and that the same shall blank be blank to his Deeds nor affectable by the diligence of his creditors for debts or obligations already contracted or to be contracted and come under by him and we further declare that the said Robert Adios Jus Mautie shall be excluded as above expressed even though our said Daughter should receive any provision from his funds and we also appoint and declare that the tutors and curators named in our said Deed of Settlement and those hereafter named or the guorum of them as after specifed shall alone have the power to uplift the provision or the portion provided by us and each of us to our said Daughter and to pay or align or convey it to herself in whole or in such parts or to lend it out in their names for her behalf upon good and sufficient security or to do otherwise with the same as shall seem to them the most for her advantage and we declare that notwithstanding of the debts and deeds of the said Robert Adie or diligence against him it shall be lawful and competent for our said daughter without his consent or the consent of any trustee approved judicially or voluntarily over the estate effects to uplift and secure her said portion of our means and estate or such part thereof or the interest thereof… | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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…thereof as the said tutors and curators may advance or desire to her paid to her and to apply the same as she may think proper her said husbands jus marth and his interference therewith by himself or by trustees appointed over his estates being hereby expressly excluded and we also nominate and appoint the Rev’d Doctor Might Peter Grant Esquire Writer and Doctor James Dinsmore blank in stirling to be tutors and aviators for our said children in conjunction with those nominated in our said Deeds of Settlement with all the power therein and above conferred upon them and on those named in our said Deed of Settlement any three of whom to be her guorum and we hereby specially reserve to ourselves full power to alter or revoke this codicil in wholly or in part at any time hereafter and consent to the registration hereof in the Books of Council and Session or others competent therein to remain for preservation and to that effect constitute our procurator in liferents wherof we have subsecilied this codicil to our said Dissoution and Deeds of Settlement written by the saidJohn Forrest on this and the preceding pages of stamped paper at Stirling this 3rd day of April Eighteen hundred and twenty years before these witnesses George Donaldson Confectioner and John Muller Apprentice to Forrest and Dinsmore Physicians Stirling witnesses also to our signing the marginal tone on the first pages hereof written by me the said John Forrest (Signed) John Forrest Elisabeth Glas George Donaldson Witness John Muller Witness, extracted upon this and the five preceding pages by (Signed) Mr Gallinth Clrk. Stirling 26th October 1826 This is the extract Registered Codicil referred to in the Deposition emitted by me of this date before Andre McCullon Commissary Clerk of the Commission of Stirling Commissioner Aprroved by the Commissary Depute of Said Commissioned (Signed Elisabeth Forrest Andrew Multon. |
