|
a.
|
Note: SCOTTISH RECORD OFFICE: REFERENCE SC62/44/98 pp825-841
825 INVENTORY of the personal estate of ROBERT DAVIDSON, MAXTON, IN THE COUNTY OF ROXBURGH. Estate duty 'a32-10-0. Presented the 22nd day of February, 1899, to Richard Vary Campbell, Esquire, Sheriff, by Freer & Muir, Writers, Melrose.Inventory of the Personal or Moveable Estate and Effects, wheresoever situated, of the late Robert Davidson, residing in Maxton, in the County of Roxburgh, who died at Maxton, on the 10th day of February, 1899.I Scotland
Household furniture and other effects in the deceased's house 'a335 - -
Sum in Bank, with interest to date of death, vizt:-
Sum in deposit Receipt in name of deceased with
the Royal Bank of Scotland, Melrose, dated 24thJune, 1898
826 'a34 - -Interest thereon to date of death 10d
[Subtotal] 4 - 10Sum in Deposit... dated 27th December 1898 'a34 - -Interest thereon to date of death 2d 'a34 - 2 'a38 1 -
'a3100 Capital Stock of the Royal Bank of Scotland
valued at date of death @ 'a3230 - -
Total amount of Personal Estate 'a3273 1 -
(signed) Elizabeth Thomson, Thos Temple Muir, J PAt Melrose, in the County of Roxburgh, the twentieth day of February, Eighteen hundred and ninety nine. In Presence of Thomas Temple Muir, Esquire, One of Her Majesty's Justices of the Peace for the County of Roxburgh. Appeared Elizabeth Thomson, residing in Maxton, in the
827 County of Roxburgh, who being solemnly sworn and examined, Depones:
That the said Robert Davidson, died at Maxton, upon the 10th day of February, 1899, and had at the time of his death his ordinary or principal domicile in the County of Roxburgh, Scotland.
That the Deponent is the executor nominate of the deceased along with John Thomson, Railway Surfaceman, Belses, under Trust Disposition and Settlement by the deceased dated 5th December, 1890, which is now exhibited and signed by the Deponent and the said Justice of the Peace of this date, as relative hereto.
That the Deponent has entered, or is desirous to enter, upon the possession and management of the deceased's estate as Executor aforesaid.
That the Deponent does not know of any other testamentary settlement or writing relative to the disposal of the deceased's personal or moveable estate or effects, or any part thereof.
828 That the foregoing Inventory, signed by the Deponent and the said Justice of the Peace as relative hereto, is a full and complete Inventory of the personal or moveable estate and effects of the said deceased, wheresoever situated, and belonging or due to him beneficially at the time of his death, including moveable estate over which deceased exercised a power of appointment, in so far as the Deponent has been able to ascertain the same.
That the gross value at death of the deceased of the heritable and moveable property, in respect of which Estate Duty is payable on his death (exclusive of property settled other wise than by the Will of deceased), does not exceed Five hundred pounds sterling, as particularly shewn in the foregoing Inventory and in the Statement and Accounts hereto annexed.
That confirmation of the personal or moveable estate in Scotland is required in favour of the Deponent.
829 All of which is truth as the Deponent shall answer to God.
(Signed) Elizabeth Thomson, Thos Temple Muir J P
Written by Th Brown
Collated by R H Smith, S C
----------------------------------------------------------------------------------------------------------------
Follows Settlement
I, Robert Davidson, sometime Joiner, and now residing in Maxton, in the County of Roxburgh, being desirous to provide for the management and disposal of my means and estate after my death, and having full trust and confidence in the persons after named for executing the Trust hereinafter reposed in them do hereby give, grant, assign, and dispone to and in favour of John Thomson, Railway Surfaceman, Belses, my nephew, and Elizabeth Thomson, presently residing with me at Maxton aforesaid, my niece, and the acceptors or acceptor, survivors or survivor of them, and
830 such other persons or person as they or he may assume into office along with or after themselves, with equal powers and privileges, which they or he are hereby fully empowered to do, the majority acting being always a quorum, and that to be my Trustees, and in trust for the ends, uses, and purposes after mentioned, the term Trustees in these presents meaning always the said Trustees and their quorum and survivor, and to their or his assignees:
All and Sundry, Lands and Heritages, debts, heritable and moveable, stocks and securities, and in general the whole money, means, and estates, heritable and moveable, real and personal, wherever situated, presently belonging, or which shall belong or be indebted to me at the time of my death, together with the writs and evidents, rights and vouchers thereof, with all that has followed or may be competent to follow thereon;
831 And I oblige my heirs and representatives to grant all writs and take all steps necessary for fully vesting my said Trustees in the premises for the purposes hereof; And I hereby nominate and appoint my said Trustees and their foresaids to be my sole executors or executor, and also tutors and Curators to such of the benificiaries under this settlement, or any Codicils or Codicil thereto as may be in pupillarity or minority at or after my decease. But declaring that these presents are granted and shall be accepted in trust always for the purposes, with the powers, and under the conditions following vizt.:
(First) For payment of all my just and lawful debts, deathbed and funeral expenses, the expenses of executing this Trust, as also the payment of any legacies, and the fulfilment of any directions I may yet leave by writing subsequent hereto;
832 (Second) I direct my Trustees as soon as may be convenient after my death to deliver pay and convey over to the said Elizabeth Thomson in the event of her surviving me, and being at the time of my death in my service my whole means and estate of whatever kind, heritable and moveable, above conveyed, and that as her own absolute property.
(Third) In the event of the said Elizabeth Thomson surviving me, but not being in my service at the time of my death I direct my said Trustees as soon as may be convenient after my death to pay over to her a legacy of One hundred pounds sterling.
(Fourth) In the event of the said Elizabeth Thomson predeceasing me or not being in my service at the time of my death, I direct my Trustees as soon as may be convenient after my death
833 to deliver to Thomas Thomson, son of the said John Thomson, my large good watch, silver chain, and fancy key; to Robert Davidson Thomson, son of James Thomson, Engine Driver, Glasgow, my nephew, my other large watch, short chain, and fancy key, and to Margaret Thomson, second daughter of Thomas Thomson, Gardener, Chesters, my nephew, the chest of drawers which belonged to my mother, and to distribute my whole body clothes among my relations as they think best, and
(Lastly) And with regard to the residue and remainder of my whole means and estate including the heritable property at Maxton aforesaid, belonging to me, I direct in the event of the predecease of the said Elizabeth Thomson or her not being in my service at the time of my death that the same shall be realized and converted into money, and the nett proceeds divided into seven
834 equal shares, which shares I direct my Trustees to pay over to the following parties vizt.
To the said John Thomson, my nephew two shares;
to the said Elizabeth Thomson (over and above the foresaid legacy of One hundred pounds) one share,
to the said Walter Thomson my nephew one share,
to the said Thomas Thomson, my nephew, one share,
to the said James Thomson, my nephew, one share,
and to Mrs Janet Davidson or Renwick, widow of the deceased William Renwick, presently in America, my sister, one share.
Declaring that in the event of the predecease of any of the before named residuary legatees, their shares shall belong to and be divided equally among their issue, and failing issue then the same shall fall back into and form part of the said residue and remainder of my means and estate, and go and belong to the surviving Residuary Legatees according to their respective rights and
835 interests as herein before defined, the issue of any predecessors, taking always their parent's share:
With power to my said Trustees and their foresaids for the purposes and to the ends foresaid, to enter upon the possession and management of the said trust, means, and estate, continue to hold and administer, or else to realize and convert the same into money by public roup or private bargain; grant all necessary dispositions or transfers, or other writs, with clauses of absolute warrandice upon my heirs and other clauses requisite, invest the proceeds until required for the purposes and objects foresaid, and that upon the existing or on new investments or deposits in Bank, or in real or personal securities, debentures of railways, or incorporated Companies (limited or unlimited) or other investments or securities considered by themselves good at the time:836 Declaring that my said Trustees and Executors shall not be liable for omissions or neglect of management, nor for the insolvency of debtors or insufficiency of investments, or for factors or agents, nor "singuli in solidum" or for each other, but each only for his actual personal intromissions, with power to appoint one or more of their number, (professional or otherwise) or anyone else to be factor and agent for them, and to allow such factor suitable remuneration for his trouble, and such law agent the usual professional fees: and I assign the writs, and I assign the rents for the purposes foresaid, and I reserve my own liferent, with power to alter these presents, or any relative document at any time in my life or even on deathbed, and I dispense with the delivery hereof, and declare that the same shall be a good and valid deed so far as unaltered,
837 whether found in my repositories or in the custody of any person to whom I may entrust the same; And I consent to registration hereof for preservation.
In Witness Whereof these presents written on this and the preceding page by George Lockie, Clerk to Messrs Allan and John Freer, Writers, Melrose are under the declaration that the word "singuli" occuring in the thirteenth line of this page was partly written on an erasure before signing, subscribed by me at Melrose, on the fifth day of December, in the year Eighteen hundred and ninety, before these witnesses James Marshall Drysdale, Writer, Melrose, and the said George Lockie. (Signed) Robert Davidson,
Jas M. Drysdale Witness, Geo Lockie Witness.I accept Trusteeship. (Signed) John ThomsonI accept Trusteeship. (Signed) Elizabeth Thomson
14 Feby 1899
838 Melrose, 20 February, 1899. This is the Trust Disposition and Settlement of the late Robert Davidson referred to in my Affidavit of this date. (Signed) Elizabeth Thomson, Thos Temple Muir, J P
Written by Th Brown
Collated by R H Smith S C----------------------------------------------------------------------------------------------------------------
Follows Confirmation
Confirmation issued under the Finance Act 1894 (57 and 58 Vict Cap 30)----------------------------------------------------------------------------------------------------------------
Confirmation in favour of John Thomson, Railway Surfaceman, Belses, and Elizabeth Thomson, residing in Maxton, in the County of Roxburgh, Executors nominate of Robert Davidson, residing in Maxton, in the County of Roxburgh aforesaid, who died Testate, on the 10th day of February,
839 1899, at Maxton, and had at the time of death his ordinary or principal domicile in Roxburghshire. The said deceased Robert Davidson had pertaining and resting owing to him at the time of his death the following Personal Estate and Effects viz.:-
(Take in Inventory at page 825).
I, Richard Vary Campbell, Esquire, Sheriff of Roxburgh, Berwick, and Selkirk, considering that the said Robert Davidson died Testate, on the 10th day of February, 1899 at Maxton, and had at the time of death his ordinary or principal domicile in Roxburghshire.
And further, considering that the said Robert Davidson by his Trust Disposition and Settlement dated the fifth day of December, 1890, and recorded in my Court Books on the 22nd day of February, 1899, nominated and appointed the said John Thomson, his nephew, and Elizabeth
840 Thomson his niece, and the acceptors or acceptor, and survivor of them to be his sole Executors, and now seeing that the said Elizabeth Thomson as Executor nominate foresaid, has given up, on Oath, an Inventory of the whole Personal Estate and Effects of the said Robert Davidson, at the time of his death, situated in Scotland, amounting in value to Two hundred and seventy three pounds one shilling as therein and hereinbefore set forth, and that the said Inventory has likewise been recorded in the said Court Books, on the said 22nd day of February, 1899.
Therefore I, in Her Majesty's name and authority, Ratify, Approve, and Confirm the nomination of Executors contained in the foresaid Trust Disposition and Settlement; And I give and commit to the said John Thomson and Elizabeth Thomson and survivor of them full power to uplift, receive,
841 administer, and dispose of the said Personal Estate and Effects, grant discharges thereof, if needful to pursue therefor, and generally everything concerning the same to do that to the Office of Executors nominate is known to belong: Providing always, that they shall render just count and reckoning for their intromissions therewith, when and where the same shall be legally required. Given under the Seal of Office of the Sheriffdom of Roxburgh, and signed by the Clerk of Court at Jedburgh, the twenty second day of February, Eighteen hundred and ninety nine. (Signed) R H Smith Sheriff Clerk
Written by Th Brown
Collated by R H Smith S C
|
