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Testament of Sir William Fairbairn
SC70/4/145 pp.492-3

 Sir William Fairburn SC70/4/145 [p.493] [In margin] William Fairburn Vide Record of Inventories Vol 163 p 272 8th July 1873 [main text] I William Fairbairn surveyor in Edinburgh having resolved to settle my affairs in the event of my death, and having confidence in the persons after named, as my Trustees and Executors, DO hereby Dispone, assign, convey, and make over to and in favor of my brother the the Reverend John C Fairburn Minister of the Free Church at Allanton, Berwickshire The Reverend Doctor William Binnie, Minister of the Reformed Presbyterian Church at Stirling John C Stewart of the National Bank of Scotland, Glasgow –John Smithson, presently residing in Edinburgh and George Ann Panton of the English and Scottish Law Life Assurance Association in Edinburgh and the acceptors and survivors or acceptor & survivor of them, and to such other person or persons as I may hereafter name, or as my said Trustees may assume in virtue of the power after written and to their assignees, - the majority accepting and acting at the time being always a quorum, -My whole Estate and Effects heritable and [p.495] and moveable, real and personal, of every description, now belonging, or which shall belong to me at the time of my death, with the whole writs & vouchers thereof But declaring always that these presents are granted by me in trust, for the uses and purposes after specified, namely, - First, For payment of my sickbed and funeral expenses the expense of executing this Trust and all my lawful Debts which my Trustees shall have power to pay without constitution on being satisfied that they are due: Second I direct my Trustees immediately after my death to deliver over to Mrs Agnes Hamilton Dodds or Fairburn, my spouse for her liferent use (allenarly) and behoof the the whole household furniture & plenishing silver-plate, pictures, books and tangibles of every description which shall belong to me at the time of my death; and after the death of my said spouse my Trustees shall deliver over the said whole household furniture & effects to such of our daughters as may then be alive and unmarried to be kept and used by them and the survivor of them while they or any one of them shall remain unmarried, and after the marriage or death of all our daughter my Trustees shall dispose of the said furniture and effects, and divide the proceeds thereof among all our children in equal shares and proportions: Third My Trustees shall hold the [p.497] the free Residue of my said heritable & moveable Estate for the liferent use and behoof of my said spouse, and shall pay over to her, from time to time, the whole free rents and interest accruing thereon during her lifetime: Fourth, After the death of my said spouse, my Trustees shall hold the free Residue of the said Estate and Effects for behoof of the children of our marriage in equal shares & proportions, and shall pay over to them or apply for their behoof the free annual proceeds thereof; declaring that the said several shares of the said Residue shall not be payable to any of my children until they respectively attain the age of twenty one years, or are married married with the approval of my Trustees, and that the children of such of them as may predecease having lawful issue shall be entitled to the shared that would have fallen to their parents if they had been alive; but with power to my Trustees to make such advances to any of my said children out of their respective shares of the Capital at any time as they shall see fit, (but of which the Trustees are to be the sole judges) for their Education, outfit (of) in business, or setting them in life: Moreover I hereby nominate and appoint the said Rever[en]d John C Fairbairn, Revd Dr William Binnie John C Stewart, John Smithson, and George Ann Panton and the acceptors and survivors (acceptor) or [p.499] or acceptor and survivor of them to be my Executors or Executor; And I commit to my said Trustees & Executors full power to sell and dispose of the whole Estate heritable & moveable hereby conveyed at such times and at such prices as they may approve, to uplift and discharge the whole sums of money and debts due to me, and to lend out on such security as they may approve the Trust funds under their management: & with power to nominate & assume such other person or persons as they may think fit, to be Trustees or Trustee along with them & after their decease; with power also to name as Factor either one of their own number or other fit person, and to allow him him a suitable gratification for trouble; Declaring, that my Trustees shall be no farther liable for such factor than that he is habit and repute responsible at the time of his appointment, and that they shall not be liable for omissions or neglect of duty, nor singuli in solidum, but each for his own actual intromissions only: Reserving always my own liferent of the Estate and Effects hereby conveyed with power to alter or revoke these presents at any time of my life; And I dispense with the delivery hereof and declare these presents to be valid and effectual though found lying by me at the time of my death or in the custody of any other person for my behoof. In Witness whereof I have [p.501] have subscribed these presents written upon this and the two preceding pages by (me) Richard Binnie Clerk to Alexander Nicoll, Accountant in Edinburgh, the thirtieth day of March Eighteen hundred & sixty nine before these witnesses the said Alexander Nicoll and Robert Roberts, my Clerk, subscribed (to) by me at Edinburgh. (Signed) William Fairbairn Alex Nicoll Witness, Robert Roberts Witness.- Edinburgh 7th July 1873. Thus is the Trust Disposition and Settlement referred to in my affidavit of this date.- (Signed) John Smithson ( .. ) James Gulland J.P.