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Inventory of Charles Tennant
SC36/48/27, pp. 624-626

 Transcript of Charles Tennant’s settlement
Glasgow Sheriff Court Settlements (SC36/51/16 pp.247-259)


7th January 1840
Tennant – I Charles Tennant Merchant in Glasgow For
settling during my life the succession to my Effects and Estate
and for love and favor which I have and bear to my wife
and children Have Disponed as I hereby do Dispone
assign convey and Make over from me after my death to
and in favor of John Tennant and Charles James Tennant
my sons equally between them and to the survivor of them
In trust for behoof of himself and the heirs of the body of the
deceaser and failing heirs of the body of the deceaser then to
the said survivor All and Sundry Lands tenements and
Heritages and goods gear debts and effects and in general
the whole subjects and estate heritable and moveable
real and personal owing and belonging or that shall
be owing and belonging to me at my death And
particularly my share and interest in the concern of Charles
Tennant & Company Merchants in Glasgow with the
whole rents interest and produce and writs evidents and
securities of the premises Excepting from this general conveyance
in the event of my decease survived by Margaret Wilson my
wife my whole household furniture and plenishing including
bed and table linen silver plate and heirship moveables
which in that event I hereby assign and convey to the said
Margaret Wilson, Excepting also in the same event my
books and body apparel and watch & trinkets which I
also in the same event assign and convey to the said
Margaret Wilson But Declaring that these presents
and this Conveyance are granted and shall be accepted
by the said John Tennant and Charles James Tennant
and the survivor of them and the said subjects are
disponed with and under the burdens and conditions
following vizt. First With and under the burden of the
payment of my whole just and lawful debts & obligations
and sickbed and funeral charges In the second place
under the burden of an annuity or Jointure to the said
Margaret Tennant or Wilson my wife in case of her surviving
me during all the days and years of her life and widowhood of £800
Stg payable at two terms in the year Whity & Marts by equal portions
beginning the first payment of the said annuity at the first of
these terms which shall occur after my decease and thenceforth
continuing in the regular payment thereof at the said two terms
yearly – With one fifth part of one terms payment farther in name
of liquidated damages expences and penalty in case of and for
such failure in the regular payments of the said annuity
attour the said twenty payments themselves and the lawful
interest thereof after the several terms of payment till payment
And I Provide and Appoint that the said John Tennant
and Charles James Tennant shall within twelve months after
my death lend out and secure on good heritable or personal
security to the satisfaction of the said Margaret Wilson such a
principal sum as will be sufficient to yield a yearly Income
of £800 Stg and to take the same payable to the said Margaret
Wilson in liferent for security of the payment of the said jointure
and to themselves in fee. And farther the said John Tennant
and Charles James Tennant shall be bound as by acceptation
hereof they hereby bind and oblige themselves over & above
the said security to grant Bond for the regular payment of
the said jointure to the said Margaret Wilson Declaring
that the provisions before written in favor of the said Margaret
Wilson my wife shall be in lieu and in full to her of all
terce of lands half or third of moveables or other provisions
legal or conventional by marriage Contract or otherwise
competent to her or her next of kin forth of or from my
Estate or the goods in Communion betwixt her and me
And farther providing that in case the said Margaret
Wilson should enter into another marriage after my death
that from and after such second marriage she shall forfeit
and have no longer right to the provisions herein contained
but shall from and after such second marriage be restricted
to the provisions made in her favor by post nuptial Contract
of Marriage between her and me bearing date the 29th day of
June 1821 hereby referred to And In the third Place
Whereas I have already provided Charlotte Tennant my second
daughter wife of Doctor John Couper Physician in Glasgow in
the sum of £5000 by Contract of Marriage between them
to which I am a party and have made a provision to the
extent of £3000 in favor of Margaret Tennant my eldest
daughter relict of the deceased James Dunlop Junior Merchant
in Glasgow And it being my intention that each of my daughters
shall receive an equal share of my Estate Therefore the
said John Tennant and Charles James Tennant shall
be bound as by acceptation herof they Bind & Oblige
themselves to pay to themselves the said John Tennant
and Charles James Tennant, the said John Couper my son
in law William Couper Writer in Glasgow Henry Dunlop
and Charles Dunlop sons of James Dunlop Cotton
Spinner in Glasgow and George Wilson and JohnWilson
sons of John Wilson of Thornlie my brother in law and the
survivors and acceptors and the survivor and acceptor
of them as Trustees for the purposes after specified the major
number of them accepting and surviving from time to time
being a quorum the principal sum of £2000 Sterling on
account and for behoof of the said Margaret Tennant so
as to give her a sum or provision of £5000 St[erlin]g and also to
pay to the said Trustees and their foresaids as provisions for
behoof of each of Elizabeth Tennant, Mary Tennant, Christina
Tennant and Catherine Tennant my four youngest daughters
the sum of £5000 St[erlin]g making together the sum of £20,000
St[erlin]g And I empower and recommend the said Trustees to allow
the said John Tennant and Charles James Tennant such time
for payment of the said provisions by instalments as they shall
think prudent and reasonable in order to enable them to pay
the same from the shares of profits of the said Copartnership of Charles
Tennant & Company but not exceeding four years after my death unless
the said John Tennant and Charles James Tennant shall be able
to find them additional security for the payment thereof, in which
case at the expiry of four years the said Trustees shall have power
to allow all or any part of the said provisions to remain in the
hands of the said John Tennant and Charles James Tennant for
a longer term but not exceeding four years further Declaring
that the time to be allowed to them the said John Tennant and
Charles James Tennant for payment of the said provisions
shall be entirely at the discretion of my said Trustees And I
Provide and Appoint that the said Trustees and their foresaids
shall hold and invest the whole of the provisions hereby
made by me in favor of my said daughters in trust for behoof
of each of my said daughters respectively for her liferent
alimentary use of the annual proceeds of the same allenarly
seclusive of the jus mariti and right of administration of
each of their husbands and not affectable by the debts or deeds
of them or of their husbands or by any diligence or execution
thereon and for behoof of the heirs of their respective bodies
in fee in such proportions as they shall respectively appoint
by a Writing under their hands which failing equally among
the heirs of their respective bodies in fee and failing heirs of the
body of each or any of them then for behoof of their respective
heirs or assigns whomsoever in fee Reserving always full
power and authority as I hereby commit to the said Trustees
and their quorum full power and authority to pay to each
and any of my younger Daughters on occasion of their respective
marriages such a sum of money as they may think fit not ex-
ceeding £1000 St[erlin]g to each; And farther in case of the decease
of any of my Daughters leaving heirs of their respective bodies under
age at the time of their respective deaths I appoint that the provisions
hereby made in favor of such daughters or daughter and their
children shall remain invested in the persons of the said Trustees
and as Curators hereby appointed for them until they respectively
attain to majority Which provisions in favor of my said children
shall be in full to them of all claims legal or conventional
competent to them from my Estate & Effects or the goods in
communion betwixt their mother and me at the dissolution
of our marriage And I request the said John Couper W[illia]m
Couper, Henry Dunlop Charles Dunlop George Wilson John
Wilson John Tennant and Charles James Tennant to
accept of the said offices of Trustees and Tutors and Curators hereby Com-
mitted to them And Provide and Declare that they
shall be vested with and entitled to the fullest powers and
exemptions usually conferred upon persons in like cases
acting gratuitously and from motives of friendship in the
affairs of others And in particular without limitation of
the foregoing general provision I Provide and Declare
that they and their foresaids shall have full power to submit
to arbitration all disputed claims competent to or against
my said Daughters and even to compound or take part for
the whole of any bad or disputed debts or claims That they may
either lend out the Trust funds under their management on
personal or heritable security or invest the same in the
purchase of shares of stock in Chartered Companies: That they
shall not be liable for the sufficiency or responsibility of the
persons to whom or the subjects upon which they may lend
out or in which they may invest the proceeds of the premises
Provided such persons and subjects are reputed adequate
at the time of lending That they shall not be obliged to do
any other diligence thanto them shall seem proper nor be
liable for omissions nor in solidum nor pro rata for the
intromissions of each other but each of them shall be liable for
his own actual intromissions only deducting and retaining his necessary
expences and disbursements in the premises as the same shall be
ascertained by the account and oath if required of the disburser while
in life and by such account alone in case of death in place of all other proof And
farther I hereby authorise the said Trustees and their said quorum to
appoint from time to time any one of their number or any other
proper person or persons to be factor or factors under them for the
execution of this Trust and to allow such factor or factors a reasonable
gratification for trouble and to remove such factor or factors at
pleasure and to appoint another or others in his or their place And
they shall not be liable for the intromissions of such factor or factors
provided they oblige them to find security for the same nor shall
they be liable for the sufficiency of the said security as also I
hereby authorise and empower the said Trustees and the
survivors and acceptors and the survivor and acceptor of them
and their said quorum at any time when they shall
judge it proper to Nominate and Assume any person or
persons whom they shall think fit to be Trustee or Trustees
along with or in succession to them in the execution and
mamagement of the said Trust or in the place of any Trustee
or Trustees deceasing or resigning from time to time; To which
new Trustee or Trustees in that event I hereby commit and
in their favor provide the whole powers privileges & exemptions
conferred on the Trustees above named Reserving always to
myself the liferent use and enjoyment of the premises and
full power & liberty at any time in my life and even on
deathbed to revoke burden qualify explain or in any way
to alter these presents at pleasure Dispensing with the de-
livery hereof and declaring that the same though found lying
by me or in the custody of any other person undelivered
at the time of my death shall so far as unaltered have the
full force strength and effect of a delivered evident any law
or custom to the contrary notwithstanding Consenting to
the Registration hereof in the Books of Council & Session or other
competent for preservation and for that purpose Consti-
tuting --------------------------------------------------- Procurators
In witness whereof these presents written upon this and the four
preceding pages of stamped paper by Alexander Scott Clerk to
Andrew Mitchell and Thomas Grahame Writers in Glasgow are
together with the marginal note on the second page hereof
also written by the said Alexander Scott subscribed by me
the said Charles Tennant at Glasgow the fourth day of
August 1825 years before these witnesses the said Thomas
Grahame and Alexander Scott (signed) Charles Tennant
Tho[ma]s Grahame witness Alex[ander] Scott witness
1 Codicil --------------------------------------I the before
designed Charles Tennant judging it necessary and being
resolved to exercise the reserved power contained in the
foregoing Disposition & Settlement And considering that
subsequent to the date thereof my daughter Mary Tennant was
married to and is now the wife of William Couper Writer in
Glasgow one of the Trustees named by me And that by the Contract
of Marriage entered into between the said William Couper and
Mary Tennant to which I am a party bearing date the second
day of April 1828 years I have provided & secured to my said daughter
and her husband the sum of £5000 St[erlin]g which sum was
accepted of by them in full of all claims competent to the said
Mary Tennant for legitim bairns part of gear or other claims
competent to her against my means and estate and the
goods in communion between her father and mother all
which are thereby discharged saving always and excepting
any further or other provisions which I had made or might
make in her favor Therefore in consequence of the provision
made by me to my said Daughter by the foresaid Contract
of Marriage I in virtue of the reserved power before written do
hereby revoke and recal the provision of £5000 St[erlin]g made by
me in favor of the said Mary Tennant by the Disposition and
Settlement before written and declare the said provision to be
now and hereafter void and null Further I do hereby provide
and declare that in the event of any of my daughters Margaret
Tennant, Elizabeth Tennant, Christina Tennant and Catherine
Tennant dying intestate and without leaving heirs of their bodies
the sums provided to them respectively by the foregoing Disposition
and Settlement shall descend to and be equally divided among
my surviving Daughters and the lawful children of such of my
daughters as may at that time be dead share and share alike it
being my intention that the children of those who are dead should
represent their parents and inherit the shares to which their
parents would have been entitled if alive And in so far as
the foresaid Disposition & Settlement is not hereby revoked or
altered I do hereby Ratify and Confirm the same under all
the powers and reservations therein contained And I Consent
to the Registration hereof along with the said Deed of Settle-
ment in terms of the within clause of Registration and
thereto Constitute the same procurators In witness whereof
this Codicil written on the back of the said Deed of Settlement
by James Munro Clerk to Wilson &Macintyre Writers in Glasgow
is subscribed by me at Glasgow the 20th day of September
in the year 1832 before these witnesses William Wilson and
Donald Macintyre both Writers in Glasgow (signed) Charles
Tennant W[illia]m Wilson witness Don[al]d Macintyre witness
2 Codicil
I the before designed Charles Tennant judging it necessary
and proper to make a farther exercise of the reserved power
contained in my foregoing Deed of Settlement And considering
That my daughter Catherine Tennant was lately married to
and is now the wife of Robert Wallace Writer in Glasgow
and that by the Contract of Marriage entered into between
the said Robert Wallace and Catherine Tennant to which
I am a party bearing date the 9th day of June 1834 I
have provided and secured to my said Daughter Catherine
and her said husband the sum of £5000 St[erlin]g which sum
was accepted of by them as in full of all claims competent
to her the said Catherine Tennant for legitim bairns part of
gear or otherwise against my means and estate and the goods
in communion between her father and mother all which
are thereby discharged excepting always any farther or other
provision which I had made or might make in her favour
Therefore in consequence of the provision so made by me to
my said Daughter Catherine in her said Contract of Marriage
I in virtue of the reserved power before written do hereby revoke
and recal the provision of £5000 St[erlin]g made by me in favor
of her the said Catherine Tennant by my said Disposition and
Settlement beforewritten And declare the said provision
to be now and hereafter void and null: Farther I have
considered it expedient and proper to revoke and recal the
provision of £5000 St[erlin]g made by me to my Daughter Elizabeth
Tennant by my said foregoing Deed of Settlement and in
lieu and place thereof to provide her with an annuity
during her life Therefore I do hereby revoke and recal the
said provision made by me to my said Daughter Elizabeth
Tennant and in lieu and place thereof I hereby direct and
appoint the Trustees before named in my said foregoing Deed
of Settlement to make payment to my said Daughter Elizabeth
Tennant of an annuity of £200 St[erlin]g during all the days
and years of her life payable at two terms in the year Whits[unday]
and Mart[inma]s by equal portions beginning the first paymant thereof
at the first of these terms that shall occur after my decease
and thenceforth continuing in the regular payment of said
annuity at the said two terms yearly during the life of the
said Elizabeth Tennant with one fifth part of each terms
payment farther in name of liquidated damages expences
and penalty in case of and for each failure in the regular
payment of said annuity attour the said termly payments
themselves and the lawful interest thereof after the several terms
of payment until payment and in so far as my foresaid
Disposition & Settlement is not revoked or altered by this present Codicil
or by the former Codicil made by me thereto and contained in the
immediate preceding page I do hereby Ratify and Confirm the
same and the said former Codicil with and under the powers pri-
vileges conditions & reservations therein contained And I consent
to the Registration hereof along with the said Deed of Settlement in
terms of the clause of Registration therein contained and thereto con-
stitute the same Procuratorstherein named In witness whereof
this Codicil written upon stamped paper by Francis Craig Clerk
to Wilson & Macintyre Writers in Glasgow is subscribed by me at
Glasgow the 26th day of Nov[embe]r 1834 years before these witnesses Donald
Macintyre Writer in Glasgow and the said Francis Craig (signed) Charles
Tennant Don[al]d Macintyre witness Fra[ncis] Craig witness
3 Codicil
I the before designed Charles Tennant judging it necessary
and proper to make a farther exercise of the reserved powers
contained in my foregoing Deed of Settlement & Considering that
my daughter Christina Tennant was lately married to and is
now the wife of Alexander Couper Merchant in Glasgow & that
by the Contract of Marriage entered into between the said Alexander
Couper and Christina Tennant to which I am a party bearing
date the third day of January 1838 years I have provided
and secured to my said daughter Christina and her said
husband the sum of £5000 Sterling which sum was accepted
of by them as in full of all claims competent to her the said
Christina Tennant for legitim bairns part of gear or otherways
against my means and estate and the goods in communion
between her father and mother all which are thereby discharged
excepting always any farther or other provision which I had
made or might make in her favor Therefore in consequence
of the provision so made by me to my said daughter Christina
in her said Contract of Marriage I in virtue of the reserved
power before written do hereby revoke and recal the provision
of £5000 St[erlin]g made by me in favor of her the said Christina
Tennant by my said Disposition & Settlement before written
and declare the said provision to be now and hereafter void and
null Farther Whereas it is erroneously stated in my said
Deed of Settlement That I had made a provision to the ex-
tent of £3000 in favor of Margaret Tennant my eldest daughter
relict of the deceased James Dunlop Junior Merchant in Glasgow
and I thereby bound and obliged my disponees John
Tennant and Charles James Tennant to pay to themselves
and the other Trustees therein named the principal sum
of £2000 St[erlin]g on account and for behoof of the said Margaret
Tennant or Dunlop to make her provision equal to that of
each of my other Daughters But the true amount of the pro-
vision so previously made by me to the said Margaret
Tennant or Dunlop having been £4000 and ought to
have been so stated instead of the erroneous sum of £3000
Therefore I now declare that the provision previously made
by me in favor of the said Margaret Tennant my eldest daughter
and referred to in my said Deed of Settlement being £4000
St[erlin]g the said John Tennant and Charles James Tennant
shall only be bound to pay to themselves and the other Trustees
named in my said Settlement on account and for behoof
of the said Margaret Tennant or Dunlop the sum of £1000
St[erlin]g and not £2000 as erroneously stated aforesaid
And in so far as my said Deed of Settlement is not revoked
or revoked or altered by this Codicil or the two former Codicils
made by me thereto and contained on this and the two
immediate preceding pages I hereby Ratify & Confirm
the same and the said Codicils with and under all the powers
and privileges conditions & reservations therein expressed And I
consent to the Registration hereof along with the said Deed of
Settlement in terms of the clause of Registration therein contained
and thereto constitute the same Procurators therein named In
witness whereof this Codicil written upon stamped paper by Robert
Gibson Clerk to Wilson & Macintyre Writers in Glasgow is subscribed
by me at Glasgow the 10th day of January 1838 years before these witnesses
William Wilson & Donald Macintyre both Writers in Glasgow (signed)
Comp[eare]d Charles Tennant W[illia]m Wilson witness Don[al]d Macintyre witness
Recorded in Books of Council & Session the 9th Nov[embe]r 1838