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Will of Patrick Glenday - 1836-11-11

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Certified Copy

Trust Disposition

and

Settlement

by

Patrick Glenday

1841

Recorders fees $4.12 fees due
Filed June 4th AD 1841

L. E. Powell Recr

Order on Mrs. Durfee in favor of
E. C. Cunningham for above fees

At Perth the eleventh day of November Eighteen hundred and thirty six In presence of Adam Anderson Esquire, Advocate, Commissary of the Commissariot of the County of Perth Compeared Mr William Johnston Writer in Blairgowrie as Procurator for the persons afternamed and designed and gave in the Trust Disposition and Settlement by Patrick Glenday Feuar in New Rattray and Inventory of his Personal Estate (duly stamped with fifteen pounds Sterling of duty) and oath thereon all afterwritten, desiring the same to be recorded in the Commissary Court Books of Perthshire conform to Act of Parliament which desire the said Commissary found reasonable

David Wedderspoon

Page Second

reasonable and ordained the same to be done accordingly the tenor whereof follows virt: Know all Men by the presents that I Patrick Glenday Feuar in New Rattray being resolved to settle my affairs so as to prevent dispute and differenced among my children after my death, and having confidence in the persons afternamed for executing the Trust reposed in them, do hereby give grant, assign and dispone to and in favor of Andrew Thome Feuar in Rattray, James Ogilvy residing at Craig and William Fyfe Flaxspinner at Keithmill and to the survivors or survivor of them who shall accept, and to the heirs of such survivor, but that always in Trust for the uses, ends and purposes aftermentioned and declaring that a majority of my

David Wedderspoon

Page Third

my said Trustees accepting and surviving shall at all times form a quorum, for executing the purposes of this Trust. All ans Sundry lands and heritages, debts heritable and moveable, heirship moveables, and whole goods gear sums of money and effects and in general my whole means and estate heritable and moveable of whatever natur or denomination, or wherever situated presently belonging or which shall belong to me at the time of my death, with the whole vouchers instructions and conveyances of the said debts and the writs and evidents of my said heritable estate: And particularly without prejudice to the said generality I hereby Dispone Alienate and Convey to and in favor of the said Andrew Thom James Ogilvy and William Fyfe and

David Wedderspoon

and their foresaids. All and Whole That lot of ground in the west end of the Town of Kirrymuir, with the three small houses built thereon lying in that field of land called the Claypot acre, and on the South point therof with the piece of vacant ground before the doors of the said houses as delineated on a plan of the said field of land made out by Thomas Ogilvy, bounded the said subjects here:by disponed, on the south and west by the public road or street leading from Kinnordy thro' the Town of Kirrymuir, on the north by the house now or lately occupied by George Rickart, and on the East by a lane or Road leading from the said road or street northwards to the house possessed by Charles Crabb: De:claring

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Page Fifth

:claring that the north gable wall of the said Houses shall be mutual betwixt the said Trustees and their foresaids and the Proprietor of the said house possessed by the said George Rickart in all time coming together with all right, title and interest claim of right, property and possession, which I my predecessors and authors heirs or Successors had have or can claim or pretend thereto: which subjects lye within the Town and Parish of Kirrymuir and Shire of Forfar: As Also I do hereby assign convey and make over to and in favor of the said Andrew Thom, James Ogilvy, and William Fyfe, and their fore:saids a Tack bearing dathe the thir:tieth day of May Eighteen hundred and nine, and recorded in the Sheriff

David Wedderspoon

Page Sixth

Sheriff Court Books of Perthshire the thirtieth day of May Eighteen hundred and Seventeen, entered into between An:drew Thom Senior Merchant in Rattray on the one part and me on the other by which the said Andrew Thom let to me, my heirs, assignees, and subten:ants. All and Whole that lot of ground lying in the Westfields of Rattray and benorth the great road that leads from Rattray to Blairgowrie and on both sides of the New Road that leads northward to the New bridge over the water of Erich at Rochford north to the March of William Thoms property, and east to the top of the first little brae, where a road of six:teen feet broad is proposed to run northward by the top of said brae until it join the said new road to said new bridge. Bounded on the

David Wedderspoon

the south by the said great road that leads from Rattray to Blairgowrie on the west by the lands of Craig:hall, on the north by the lands belonging to the said William Thom, and on the east by the said road of sixteen feet breadth and the said An:drew Thoms other property, lands as marched off, and march stones set Which grounds excluding the new road northward to said new bridge consists of two acres three roods twenty one falls and ten ells or thereby of scots measure and that for the space of Ninety nine years from and after the term of Whitsunday Eighteen hundred and nine which was thereby declared to have been the period of my entry to the premises let and from and after that period to be peaceably possessed and enjoyed by me, and that without any

David Wedderspoon

Page Eighth

any interruption whatever - and under the conditions and provisiions and for payment of the rent mentioned in said Tack: As Also another Tack bearing date the thirteenth day of April Eight::een hundred and thirty entered into be::tween William Yeaman Weaver in New Rattray with consent of Francis Pierie Mason in New Rattray, for all right and interest which he had or could pretend to the subjects on the one part and me on the other part. By which the said William Yeaman with consent foresaid set and in Tack and as::sedation let to me, my heirs and assignees whomsoever and sebtenants All ans Whole that piece of ground with the house erected on the same lying in New Rattray on the South of the Publick road leading from Blair::gowrie to Rattray and consisting of Twenty

David Wedderspoon

Page Ninth

Twenty falls scots measure or thereby being part of that piece of ground let by Andrew Thom in Rattray to the said William Yeaman by Tack bear::ing date the thirtieth day of May Eighteen hundred and twenty three and which piece of ground so let lyes upon the south end of the said ground let by the said Andrew Thom and is bounded as follows Virt On the west by the line of a proposed road of sixteen feet in breadth betwixt George Tyrics ground and that so let on the south by the line of another proposed cross road, on the East by the ground let to William Cowan and on the north by the remainder of the ground belonging to the said William Yeaman, from both of which it is separated by March stones in fixed

David Wedderspoon

Page Tenth

fixed and which ground lyes in the Parish of Rattray and County of Perth and that for the full and complete period of Ninety three years and a half from and after the term of Whi::sunday Eighteen hundred and twenty eight, which was thereby declared to have been the term of my entry to the premises let and from and after that period to be peacably enjoyed and possessed by me and my foresaids under the burdens and restrictions and for payment of the rent contained in the said Tacks: As Also a subtack bearing date the fourteenth day of June Eighteen hundred and ten entered into be::tween myself on the one part and James McLandress Shoemaker in Blairgowrie, and James McLandress residing

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Page Eleventh

residing in Pitnacree of Alyth, and Duncan McLandress late in Rattray by which I as principal Tacksman of the said subjects, in subtack and asseation let to the said Duncan McLaundress [sic] and James McLandress Shoemaker, and James McLandress then at Thorn jointly and their heirs and assignees All and whole that lot of ground lying in the Westfields of Rattray being part of the gound taken by me in a long lease from Andrew Thom, Senior Merchant in Rattray, bounded on the west by the New Road that leads to the new bridge across the water of Ericht at Rochford, on the south and east by the property retained by me, and on the north by the property belonging to William Thom

David Wedderspoon

Page Twelfth

Thom Feuar in Rattray: which lot of ground consists of thirty two falls and five ells or thereby and that for the space of Ninety nine years from and after the term of Whitsunday Eighteen hundred and ten: to which subtack I have now right by various assignations and that for the remain::ing years and terms yet to run of the said subtack and under the conditions provisions and for payment of the rent specified in said subtack: and I do hereby make constitute and appoint the said Andrew Thom James Ogilvy and William Fyffe and their foresaids, my lawful cessioners and assignees, not only in and to the whole writs and evidents, rights titles and securities of and concerning the several subjects before mentioned with the

David Wedderspoon

Page Thirteebth

the whole causes in the Tacks and subtack before mentioned all all that has followed or is competent to follow thereon but also in and to the whole rents mails and duties that may become due furth of or from the foresaid subjects and prestible by the foresaid tacks or either of them or any part thereof from and after the period of my death, surrogating and substi::tuting my said trustees in my full right and place of the hail premises for ever Moreover I do hereby nomin::ate and Appoint the said Andrew Thom, James Ogilvy and William Fyfe and their foresaids, to be my sole Executors and intromittors with my moveable estate and effects: De::claring as it is hereby expressly provided and declared that these presents are granted and to be ac::cepted

David Wedderspoon

:cepted of by my said Trustees, in Trust always, for the uses, ends and purpoes aftermentioned: Primo. For payment of all my just and lawful debts, sickbed and funeral expences and the expence and management of this present Trust: Secundo. That my said Trustees shall at the expiry of a year after my death and after paying the sums after be::queathed, or as soon thereafter as can convenientyly be done make up a statement of my whole means and estate, heritable and moveable and by valuing the heritable (and move::able and by valuing the heritable) property proportion the same in share as nearly equal as can be in four - (one share to be disponed and pay::ment made to James Glenday my eldest son residing in St. Charles in the

David Wedderspoon

Page Fifteenth

the United States of America or elsewhere abroad - One share to Thomas Glenday my second son re::siding at St. Charles aforesaid - one Share to Helen Glenday my daugh::ter residing in New Rattray - and one chare to Andrew Glenday my youngest son - But I declare that besides the share to be disponed and paid to James Glenday my eldest son my said Trustees shall give him a precipium or preference of One hundred pounds Sterling and which sum to the said James Glen::day is in fill of all claim he can have against me for any legacy left to him by his Grandfather or otherwise. Tertio - That in case my said children before named shall not signify their intention to my said Trustees to accept of the different

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Page Sixteenth

different properties apportioned out to them, within twelve months after such shares are so apportioned then my Trustees are hereby empowered and de::sired a soon thereafter as they con::veniently can, to sell and dispose of the whole hereitable property before disponed and that either by public roup or private bargain as to them shall seem best, and at such prices as can be obtained therfor and for that purpose to enter into articles of roup and to conduct the sales as fully and freely in all respects as I could have done myself during life, and after realizing the proceeds to apportion and divide the same in the four proportions as before stated and pay the same to the said James, Thomas, Helen, and Andrew Glendays in the shares before stated, giving the said James

David Wedderspoon

Page Seventeenth

James Glenday always his precipium or preference of One hundred pounds sterling - Quarto - In respect that I have given orders to transfer the propert belonging to me situated in St. Charles aforesaid to and in favor of, Ann Glenday Widow of Thomas R Durffie at St. Charles yet if that shall not have taken place before my death I desire my said Trustees to Dispone the same to her, her heirs and assignees in a proper and legal manner, and besides I direct my said trustees to pay to the said Ann Glenday her heirs executors and successors the sum of Ninety pounds Sterling which sum I hereby legate and bequeath to the said Ann Glenday and her foresaids and which sum I direct to be paid at the expire of a year after my death

David Wedderspoon

Page Eighteenth

death - Quinto - With respect to the said Andrew Glendays share I hereby direct my said Trustees not to dispone or pay over his share or in the event of a Sale as aforesaid his share of the proceeds of my property until he at::tains the age of twenty five years complete, but my said trustees are here::by auithorised to make the said Andrew Glenday a reasonable allowance as to them shall seem proper, until he shall be able properly to earn his own livelihood. Sexto, That my said trustees shall make payment to Janet Glenday wife of Thomas Watson Cabinet Maker in Dundee, the sum of Ten pounds and that a full year after my death which sum I hereby legate and bequeath to the said Janet Glenday - Septimo - I hereby desire and require my said Trustees

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Page Ninetheenth

Trustees as soon after my death as they conveniently can to make over to the said Helen Glenday my daugh::ter my whole household furniture bedding and other effects in my dwelling house in New Rattray, to whom I legate and bequeath the same: Ex::cepting however from the same the bed in which I am accustomed to sleep and the bedding of Clothes on the same, my whole body clothes and my silver watch all which I direct my said Trustees to give to, or account for to the said James Glenday my eldest son, to whom I legate and bequeath the same: And I hereby farthere declare that if any of my said children before mentioned shall die before the period at which their several portions become payable as aforesaid

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Page Twentieth

aforesaid without leaving lawful issue then the share or shares of such child or children predeceasing, shall fall to and be equally divided among his bro::thers or sister surviving, share and share alike, and my said trustees are hereby desired and required to act ac::cordingly: And farther I do hereby nom::inate and appoint the said Andrew Thom, James Ogilvy and William Fyfe and their foresaids to be curators to the said Andrew Glenday my son during his minority declaring that a majority of them accepting and surviving shall at all times form a quorum, and I do hereby give full power and author::ity to my said Trustees to appoint Factors one or more to manage the affairs hereby committed to their charge Declaring that my said shall not to

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Page Twenty first

be liable for omissions of neglect of management and that they shall not be liable singuli in solidum, but only each for his own intromissions and that they shall not be liamble for any Factory named by them ex::cept that he was solvent at the time of his appointment and I do hereby farther give full and unlimited powers to my said trustees to submit and refer all disputes and differences relative to my property and effects and to compound transact and agree all disputes and differences which may occur in the winding up of my said affairs: In which subjects first above disponed required Infeft::ment I bind and oblige myself my heirs and successors to infeft and seize the said Andrew Thom James

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Page Twenty second

James Ogilvy and William Fyfe my Trustees and their foresaids by two several Infeftments and manners of holding in the same manner and as fully and freely in all respects as I myself hold or might have held the same myself, and that either by re::signation or comfirmation and for com::pleteing the said Infeftment by re::signation I hereby make and Constitute each of them jointly and severally my lawful and irrevocable Procurators with full power to them to appear before my immediate lawful superiors or their Commissioners and there to resign & surrender as I hereby Re::sign surrender upgive, overgive, and deliver, all and whole the said subjects lying, bounded, and described, as aforesaid and here held as repeated, brevitatis causa in

David Wedderspoon

Page Twenty third

in favor and for new Infeftment of the same, to be made given and grant::ed to my said Trustees, and their foresaids, in due and competent form Acts, Instruments, and documents, in the premises to ask and take, and generally every other thing to do, which I could have done before granting hereof, ratifying hereby and confirming whatever my said Procurators shall lawfully do or cause to be done in the pre::mises: and I hereby make and Consti::tute the said Andrew Thom, James Ogilvy and William Fyfe and their foresaids my cessioners and assignees not only in and to the whole writs and evidents, rights, titles and securities of the said subjects made and granted in favor of me my predecessors and authors whole clauses therein contained with all that has followed or is competent

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Page Twenty fourth

competent to follow thereon: but also in and to the rents mails and duties of the said subjects due and payable furth and from the same from and after the perios of my death but all that always in Trust for the ends uses and purposes before expressed: And I do hereby reserve full power and liberty to myself at any time of my life to alter and innovate these presents in whole or in part and to revoke cancell and annul or farther burden the same as I shall think proper: But Declar::ing that the same so far as not revoked or altered by me shall be a valid and effectual deed altho found lying in my repositories or in the custody of any person undelivered at the time of my death: with the de::livery whereof I have dispensed and hereby

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Page Twenty fifth

hereby dispone for ever: and I consent to the registration hereof in the Books of Council and lession or any other Judges Books competent therein to remain for preservation and for that effect Con::stitute My Procurators &c Moreover to the effect that the said Andrew Tom, James Ogilvy and William Fyfe and their foresaids my said Trustees may be infeft and seized in the said subjects and others foresaid I hereby desire and require you and each of you my Bailies in that part hereby specially constituted: That upon sight hereof ye pass to the ground of the said subjects and others and there give and deliver to the said Trustees or to their foresaids heritable state and sasine, real, actual, and corporal possession of All and Whole the said lot

David Wedderspoon

Page Twenty sixth

lot of ground with the houses built thereon lying bounded and described as aforesaid and here held as repeated brevitatis causa: But always with and under the burdens before mentioned, and that by delivery to my said Trustees or to their foresaids or to his or their certain attorney or Attornies in his or their names bearers hereof of earth and stone of and upon the ground of the aforesaid subjects, and this in noways ye leave undone which to di I commit to you jointly and severally my fill power by this my precept of Sasine directed to you for that effect: In witness whereof these presents written upon this and the six preceding pages of stamped paper by Charles Cameron Apprentice to Thomas Whitson Writer in Blairgowrie are

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Page Twendy seventh

are subscribed by me at New Rattray the tenth day of October in the year One thousand and eight hundred and thirty four before these witnesses the said Thomas Whitson and Charles Cameron Witnesses to my subscribing the marginal note on the fourth page hereof written and subscribed the same as the body - (signed) Pat Glenday - Thos Whitson Witness . Chas Cameron Witness

David Wedderspoon

Seal

I David Wedderspoon Commissary clerk Departo of Perthshire, do hereby certify, that what is Con::tained in this and the twenty six preceeding Pages, is a just and true copy of the Trus Deposition and settlement of Patrick Glenday Feuar in New Rattray now deceased, as the same is recorded in the Commissary Court books of Perthshire, of which I have the official Charge and Custody. Given under my hand, ant the seal of office of the Court ifranit (?) of the County of Perth appended hereto, at Perth this twenty third day of February eighteen hundred and forty one years

David Wedderspoon

 

State of Missouri
County of St. Charles

 

I, Ludnell E. Powell Recorder for the county aforesaid Certify that the foregoing instrument of writing was filed for record in my Office on the 4th June A.D. 1841 and is duly recorded in Book O. page 331 and following

Given under my official Seal this 28th day of June 1841
Ludwell E. Powell, Recorder

 

 

 

Notes:

From a reader:

The definitions given in our Chambers Dictionary (which has many Scots words in it) are :

DISPONE
(archaic) to set in order ; dispose; (Scots law) to make over to another ; to convey legally
INFEFTMENT
a Scots law term, used to denote the symbolical giving possession of land, which was the completion of the title.
 
(By the way, DEPONE means to testify on oath)
Hope this all now makes it clearer.
Douglas


 

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Last modified:Sunday, 09-Nov-2003 16:28:46 MST