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Inventory of William Henry Playfair
NAS SC70/1/94 pp415-423

  [In margin] W[illia]m Henry Playfair
Vide Record of Invrs
Vol 94. p.415
27th May 1837

[Main text] At Edinburgh the twenty-
sixth day of March in the
Year one thousand Eight
Hundred and fifty seven
In presence of the Lords of
Council and Session compeared
George Monro Esquire Advocate
Procurator for William Henry
Playfair after designed and gave
In the Trust Deed of Settle-
-ment underwritten desiring
that same might be requested
in their Lordships Books con-
-form to Law which desire
the said Lords found reasonable
and ordained the same to
be done accordingly whereof the
tenor follows. I William Henry
Playfair Architect in Edinburgh
Do by these presents give
Grant dispone and convey to
And in favor of James
Thomson Gibson Craig, George
Dalziel and John Clerk Brodie
All of Edinburgh, Writers to the
Signet.
Signet and the survivors or
Survivors of theirs as Trustees
Or Trustee for the ends and
Purposes after specified, and to
Such other person or persons
As the said Trustees or
Trustee shall assume unto the
Said Trust in virtue of the
Power hereinafter conferred
Any line of those above
Named or to be so assumed
Being a quorum so long as
More than two are in life
And to the assignees of the
Said Trustees or Trustee, All
And Sundry lands tenements
And heritages, and all debts
And sums of money, heritable
And moveable goods gear house-
Hold furniture books plate
Bank notes Bank stock
Government Stock, Railway
Debentures, and in general
The whole Estate and effects
Heritable and moveable real
And
And personal of whatever kind
Or denomination, and wheresoever
Situated presently belonging or
Which shall pertain and
Belong to me at the time
Of my death; with the
whole documents and vouchers
of my moveable or personal
Estate, and whole Writs and
Title Deeds of my heritable
Estate with full power to
My said Trustees or Trustee
Immediately after my death
To Enter into possession of
And intrust with the whole
Heritable and moveable Estate
Above conveyed and to sell
And dispose thereof either in
Whole or in part and either
By public roup or private sale
And to grant Dispositions
Assignations or other Writs
Necessary to the Purchases
As also with power to
Sue for payment of the
Heritable
Heritable or moveable debts
Which may be due to me
At the time of my death
And on payment to grant
Receipts Discharges or Assignations
Thereof Declaring hereby that
Those purchasing from or
Making payment to my said
Trustees or Trustee shall have
No concern with the ap-
plication of the money or
Any of the conditions or
Provisions herein contained.-
With power also to my
(Said) Trustees to enter into
all submissions and compro-
mises which they or he
may think necessary or
Expedient in relation to the
Trust Estate above conveyed
Or any part or portion
Thereof and to lend out
And invest the proceeds of
My Trust Estate, or any
Part thereof in their own
Names
Names as Trustees under this
My Deed of Settlement on
Heritable or other sufficient se-
curity to their satisfaction,
And to call up and reinvest
The same or other sufficient
Security when and so oft
As they may judge necessary
Or expedient And further with
Power to appoint a Factor
Or Agent Either one of them-
Selves, or any other fit person
To collect and manage the
Said Trust Estate and to allow
Such Factor or agent such
Falacy or remuneration for
Trouble as my Trustees for
The time being shall deem
Just and reasonable and like-
Wise with full power to
My said Trustees or Trustee
When and so oft as they
Or he shall think fit to
Nominate and assure by a
Writing under their or his
Hand
Hand, any person or persons they
Or he may judge proper to be
A Trustee or Trustees along
With them or him or after
Their or his decease, which
Trustee or Trustees so assumed
Shall have the same powers
And privileges as if originally
Named and appointed by
Myself. Moreover I hereby
Nominate and appoint the said
James Thomson Gibson Craig George
Dalziel and John Clerk Brodie
And the survivors or survivor
Of them, to be my Executors
Of Executor and universal intro-
mittors or intromittor with my
moveable Estate and Effects hereby
Excluding my next of Kin
And all other persons from
Said office But declaring
Always that these presents are
Granted by me in trust for
The Ends and purposes following
Videlicet. First for payment of
All
All the just and lawful debts
That shall be due by me
At the time of my decease
And of my deathbed and
Funeral charges and also of
The Expenses of the present
Trust: Secondly In case my
Sister Miss Jessie Playfair re-
siding in Edinburgh shall sur-
vive me I hereby direct and
appoint my Trustees or
Trustee for the time being
To hold the whole Estate
And Effects heritable and move-
able real and personal be-
longing or that may belong
to me at the time of my
death or the free proceeds
thereof when realized for behoof
of my said Sister in
liferent and my said Trustees
or Trustee shall account for
and Make payment ro her
of the free revenue of my
said Trust Estate and that
during
during all the days of her
lifetime and according as the
said free revenue shall be
periodically realized: Thirdly I
appoint my said Trustees or
Trustee to make payment of
the following legacies, and that
at the first term of Whit-
Sunday or Martinmas after the
Death of my said sister
Or at the first term of
Whitsunday or Martinmas after
My own death in case my
Said sister shall predecease me
Vi[delice]zt (First) to Mrs. Margaret Alison
Or Burge residing in Heriot Row
Widow of Burge Esquire
The sum of Five Hundred
Pounds Sterling: (Second) to
Andrew Rutherfurd only son
Of Major James Rutherfurd
Presently residing in Italy, the
Sum of Two Hundred pounds
Sterling: (Third) to Mr. James
Pitbladdo who has been for
Many
Many years my faithful clerk
Of works, the sum of fifty
Pounds Sterling: As also I
Direct my said Trustees or
Trustee to make payment at
The first term of Whitsunday
Or Martinmas after my death
Of one years wages to each
Of my servants who shall
Be in my service at the
Time of my death and
That over and above what
May then become due,
But only to such of them
As my said Trustees shall
Consider deserving of such
Gratuity. And further I direct
My said Trustees to continiue
The payments which I have
Been accustomed to make
At the rate of Thirty pounds
Sterling per annum, for the
Maintenance of Ann Williamson
Who has for sometime been
An inmate in the Edinburgh
Lunatic
Lunatic Asylum at Morningside
And that at the usual
Terms during her lifetime: In
The next place and after the
Death of the said Miss Jessie
Playfair, or after my own
Death, in case she shall
Predecease me, and after pay-
ment of the foresaid legacies
I direct my said Trustees
Or Trustee to hold the whole
Free residue of my Trust
Estate for behoof of my old
And kind friends the said
Major James Rutherfurd and
Mrs Elizabeth Young or Ruther-
Furd his wife and the
Survivor of them in liferent
And to make payment to
Them or the survivor of
Them of the free revenue
Of said free residue as the
Same shall be periodically
Realized, under deduction of
The foresaid yearly allowance
So
So long as the said Ann
Williamson survives: And lastly
On the death of the longest
Liver of the said Major
James Rutherfurd and Mrs Elizabeth
Young or Rutherfurd, and so
Soon thereafter as conveniently
May be I appoint my
Said Trustees or Trustee to
Make payment of or deliver
Over the whole free residue
Of my Trust Estate to Miss
Sophia Rutherfurd their eldest
Daughter whom failing by pre-
decease to the said Andrew
Rutherfurd her Brother and
Margaret Rutherfurd of Clark
Wife of Andrew Rutherfurd Clark
Advocate her sister Equally
Between them: And I hereby
Constitute and appoint the
Said Sophia Rutherfurd whom
Failing the said Andrew Ruther-
furd and Margaret Rutherfurd
or Clark my residuary Legatee
or
or Legatees, but under the
burden in case the foresaid
Ann Williamson shall be then
In Life of continuing the
Foresaid allowance which I
Have made for her maintenance
During her lifetime and my
Trustees or Trustee for the
Time being shall if they
Or he think proper obtain
A personal Bond or Bonds
To that effect from my
Said Residuary Legatee or
Legatees before demanding in her
Of their favor: And I hereby
Declare that my said Trustees
Of Trustee above named or
That may be assumed as
Aforesaid shall not be liable
For omissions or bound to
Strict diligence or for each
Other but each only for
His own actual intromissions
As the same shall be
Instructed by his Writ or
Oath
Oath Reserving always to myself
My own liferent use and
Enjoyment of the whole herit-
able and moveable means and
Estate above conveyed, And I
Consent to the Registration hereof
In the Books of Council and
Session or others competent for the
Preservation, and for that purpose
Constitute George Monro Esquire
Advocate My Procurators & c[etera]. In
Witness whereof I have subscribed
These presents written on this
And the two preceding pages
Of stamped paper by Robert
Robertson Russell, Clerk to
Gibson Craig Dalziel & Brodie of
Edinburgh Writers to the Signet
At Edinburgh the thirteenth day
Of December Eighteen hundred
And fifty six before these
Witnesses Sir William Gibson Craig
Of Riccarton Baronet and Angus
Fletcher Esquire of Dunans, re-
siding in Edinburgh (signed)
W.
W. H. Playfair L.S.[within a shield] Signed sealed
Published and declared by the
Said William Henry Playfair
The ? as and for his
Last Will (and) Testament and
Deed of Settlement, in presence
Of us, who in his presence
At his request and in
Presence of each other have
Hereunto subscribed our names
As witnesses (signed) W. Gibson
Craig Witness Angus Fletcher
Witness, Extracted furth of the
Books of Council and Session upon
These fourteen pages of stamped paper
By me James Kilgour Assistant
Keeper of the Register of Deeds
Probative Writs & c[etera] Conform to
Act of Parliament and holding
Commissions to that effect from
The Lord Clerk Register of Scotland, the
Word “give” on the twentieth line of the
First page partly written upon an
Erasure before signing (sig[ne]d) James Kilgour
Edinburgh 27th May 1857 Referred to in my
Deposition of this date (signed) J. T. Gibson Craig
J[uctice of the] P[eace] T. Inglis Com[issione]r.-