CC9/7/76 p.534
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| Testament of Thomas Reid CC9/7/76 p.534 |
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| Thomas Reid CC9/7/76 [p.534] 133 Testament Testamentary umq[uhi]le Doctor Thomas Reid The Testament Testamentary and Inventary of the Debts and Sums of money that were addebted and owing to the deceased Doctor Thomas Reid Professor of Moral Philosophy in Glasgow College in the University of Glasgow at the time of his death who deceased in the month of Made and given up by the Defuncts own mouth in so far as concerns the Nomination of his Executor after named and designed and made and given up in so far as concerns the upgiving of the debts and sums of money after mentioned by Martha Reid daughter of the said defunct and only Surviving Executor Testamentary Nominated [p.535] Nominated and appointed by and whom conform to Disposition and Settlement executed by him of the date tenor and Contents after ingrost registrate in the Sheriff Court Books of Lanarkshire At Glasgow the Seventeenth day of October Seventeen hundred and ninety Six Inventary There was addebted and owing to the said Defunct at the time aforesaid of his death the sum of Five Pounds Sterling being part of the principal Sum of Seven hundred Pounds Sterling contained in a Bond granted by his Grace the Duke of Montrose I[te]m The Right Honourable Islay Campbell of Succoth Lord President of the Court of Session Colin Douglas Esquire of Mearns and Henry Glassford Esquire of Douglaston all Trustees upon the New Turnpike road leading from Garscube by Mains Batrie and Craigton through the Stickymuir to Drymen Bridge In favour of the said Thomas Reid which Bond is dated the Sixth, Eleventh and Fourteenth days of November One thousand Seven hundred and Ninety three years Summa Inventary Patet Follows the Defuncts Disposition and Settlement before mentioned Be [p.536] Be it known to all Men by these presents That I Doctor Thomas Reid Professor of Moral Philosophy in Glasgow Colledge in the University of Glasgow, For the Settling during my own life the Succession to my Effects Subjects and Estate and for the love and favour I have and bear to my relation herein after named Have disponed as I ? hereby do with and under the exceptions and Burdens and for the Ends uses and purposes herein after specified Dispone Assign Convey and Make over form me to and in favour of Martha Reid my Daughter Wife of Doctor Patrick Carmichael Physician in Glasgow and the said Doctor Patrick Carmichael and to either of them surviving and accepting and failing this ? Martha Reid before me or before the compete execution of the Trust thereby granted, then to and in favour of the said Doctor Patrick Carmichael Minister of the Gospel at Fordoun and Mr John Rose Minister of the Gospel at ridry and the Survivors or Survivor of them or to any two of them as a Quorum in Trust for the behoof and for the Ends uses and purposes after mentioned All and Sundry Lands Houses and other heritages and Goods Debts sums and Effects and all other Estate and Subjects heritable [p.537] heritable and moveable real and personal owing and belonging or that shall be owing and belonging to me at my decease with the whole Vouchers writings documents and Securities of the same Excepting from the General Conveyance my whole household furniture and plenishing including heirship moveables and Silver plate and also my Books which I hereby Assign and Convey to the said Martha Reid my Daughter wife if the said Doctor Patrick Carmichael and to her heirs or Assign[ee]s excepting some Books which I intend to be given to the Library of the University of Glasgow and other to certain friends of which Books I intend to make out and to sign lists with directions and also excepting form the said General Conveyance All and Whole my heritable Subjects at Greenhead herein after described which I have Disponed as after mentioned and accordingly I hereby do Dispone Convey and Make over to and in favour of the said Martha Reid my Daughter and the said Doctor Patrick Carmichael and to the longest liver of them All & Whole Eleven and one half falls of ground or thirty with the whole houses therein and with thirteen free of ant Servitude upon the Will, which lands are bounded on the West by Williams Street on [p.538] on the North by the houses and ground of Doctor Patrick Carmichael in the South by the houses and ground of Joseph Crombie and on the East by lands now or formerly of John Dugald and William Park presently occupied as a Bleach fuld or by a road of Eight feet wide interjected between the lands above disponed lying within the Barony Parish of Glasgow and Shire of Lanark with the use and privilege of the foresaid road Eight feet wide from the lands hereby disponed Southward to the road at the dyke of the Green of Glasgow leading to Provost haugh, But always with and under the reservations Conditions and provisions specified and contained in a Charter of resignation and ? granted in their favour by John Orr of Barrowfield Superior of the foresaid lands dated the twenty fifth day of April Seventeen hundred and Eighty, and my Instrument of Saisine following therein dated the twentieth day of May One thousand Seven hundred and Eighty and registrated in the particular Register of Saisines for the regality of Glasgow and Shire of Renfrew the ninth day of June One thousand Seven hundred and [p.539] and Eighty and which reservations Conditions and Provisions are appointed to be inserted in the Infeftment to follow hereon and in the Charters and Infeftments of the said lands subsequent otherwise the same shall be used void and null, together with the rents mails and duties due at my decease and to fall due thereafter and also the writs Evidents and Securities of the said lands and all competent to follow thereon Turning and Transferring the whole premises herein before generally Conveyed excepting as aforesaid from me so due in favour of myself Trustees or Trustee or the Survivors or Survivor of them or their said Quorum whom I hereby Surrogate and Substitute in my full right and place of the premisses with full power to sue for receive Sell discharge and dispose of the same at pleasure Declaring always that the above general Conveyance in favour of the said Trustees is granted and shall be accepted by them for the trusts and purposes herein after specified Vi[delice]zt In the first place for payment of all my lawful debts and particularly for payment to the said Doctor Patrick Carmichael of the sum of Three [p.540] Three hundred Pounds Sterling which is payable to him at my decease in full of my Daughters Tocher in terms of Contract of marriage, In the second place under the burden of the payment of the sum of Three hundred Pounds Sterling to John Sarjent of London Street Tottenham Court London, the Cousin German of the deceased Elizabeth Reid my Wife and to his heirs or Assign[ee]s which Sum I appoint to be paid to the said John Sarjant at the first term of Whitsunday or Martinmass that may occurr after my decease with the Interest thereof thereafter till payment In the third place I appoint my said Trustees to divide and pay away the residue and remainder of the premisses as follows Vizt To the said Martha Reid and her heirs or assign[ee]s to the extent of one half To Margaret Reid my Sister Spouse of the said Mr Alexander Leslie Minister of the Gospel at Fordoun, and failing her to the Children of her body equally among them to the extent of one fourth and to Grace Reid Spouse of the said Mr John Rose Minister of the Gospel at Ridry and failing her to the Children of her body equally among them to the extent of the remaining one fourth Declaring that the sums hereby Provided to the saids Margaret Reid and Grace Reid and their foresaids [p.541] foresaids shall be burdened always as I hereby burden them and the same with the payment to my Step Mother Janet Fraser Widow of Mr Lewis Reid late Minster of the Gospel at Stachan of a liferent annuity of Ten pounds Sterling at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment at the first term of Whitsunday or Martinmas that shall occur after my decease and so furth continuing in the regular payment of the said annuity with a fifth part of one terms payment further for each failure in the regular payment after the termly payments themselves and also the lawful Interest of the said term by payments from and after the respective terms of the same falling due till payment, And further I hereby Provide and declare that the provisions hereby made in favour of the said Martha Reid Margaret Reid and Grace Reid shall de separate form the Estate in Communion betwixt than and their respective husbands and ? of the jus mariti and right of Administration of their said husbands, And I appoint my said Trustees to see the said Janet Frazer properly secured by the said Margaret Reid and Grace Reid and their foresaids in payment of the foresaid Annuity of [p.542] of Ten pounds Sterling, And it is hereby declared that the Provisions hereby concerned in favour of the said Martha Reid my daughter shall be in full to her of all provisions legal Voluntary and Conventional which she can claim from my Subjects and Estate excepting what further I may think fit to provide to her of my own good will and accord allenarly And I hereby Nominate and Appoint the said Martha Reid and Doctor Patrick Carmichael or either of them Surviving and accepting and failing the said Martha Reid then the said Doctor Patrick Carmichael or either of them accepting and failing the said Martha Reid then the said Doctor Patrick Carmichael Mr Alexander Leslie and Mr John Rose and Survivors and acceptors of them or any two of them as a quorum to be my Executors or Executor and universal Intomitter with my moveable Effects and Subjects at my decease with power to Lay Sue for intromitt with and dispose of the same at pleasure and if need be to give up Inventarys and expide Confirmations of the whole or such parts thereof as they shall think fit They always holding the sums and subjects to be intromitted with by them in trust for the ends uses and purposes before specified And [p.543] And I hereby declare that my said dispenses in trust shall not in the Execution of the Trust hereby commuted to them be liable for omissions or insolidum or pro rata for the Intromissions of each other nor be liable to do any other dilligence than to them shall seem proper but that each of them shall be accountable for his or her own actual Intromissions only deducing and retaining necessary expence and disbursements to be ascertained by the account and oath if required of the deburser while in life and by such account alone in case of death in place of all other proof And I bind and Oblige me and my heirs Executors and Successors to infeft and Sease the said Martha Reid and Doctor Patrick Carmichael and the longest liver of them and the heirs and assign[ee]s of the longest liver of them in All and haill the lands before disponed to them to be holden from me and my foresaids of and under our immediate lawful Superiors thereof in the same way and as freely as we hold or might hold the same and for effecting which Infeftment by Resignation I hereby make and Constitute and each of them jointly and Severally my lawful Procurators and attorneys for me and in my name to Resign and Surrender All and whole the foresaid Eleven and one half falls [p.544] falls of ground or thirty bounded as above written lying within the Barony Parish of Glasgow and Shire of Lanark with all right and with which I or my authors in the said lands had to the same, but always with and under the Reservations Conditions and provisions mentioned in the foresaid Charter and Instrument of Saisine and which are ordained to be inserted in the Charters and Infeftments of the said lands otherwise the same shall be void and null In the hands of my immediate lawful Superiors of the same or of their Commissioners in their name having power to receive Resignations and grant new Infeftments in favour of and for new Infeftment State and Saisine to be made given and granted to the saids Matha Reid and Doctor Patrick Carmichael or their foresaids in one and Compleat form under the reservations Conditions and provisions aforesaid Acts Instruments and documents thereupon to require and reserve and generally every other thing thereanent to do which to the office of Procuratory in like cases is known to belong hereby Ratifying and holding firm and Stable all and whatsoever my said Attorneys shall do in the premisses reserving always full power and faculty to [p.545] to me at any time in my life and even on death bed to revoke burden qualify explain or in any way to alter these presents in whole or in part as I shall think proper, Dispensing with the delivery of these presents and declaring that the same though found lying by me or in the Custody of any other person undelivered at my decease shall in so far as unaltered have the full force of a delivered Evident any law or Custom to the contrary notwithstanding Consenting to the Registration hereof in the Books of Council and Session or others competent therein to remain for preservation and for that purpose Constituting Procurators In witness whereof these presents written upon this and the two preceeding pages of stamped paper by Archibald MacNeil Clark to Robert Graham Writer in Glasgow Are Subscribed At Glasgow the Seventh day of May One thousand Seven hundred and ninety two Before these witnesses the said Robert Graham and John Tassie his apprentice the place and date of subscription and the names and designations of the witnesses thereto being inserted by the said Robert Graham “signed” Thomas Reid Robert Graham witness John Tassie witness- Confirmation granted hereon in common form [p.546] form by Mr Robert Grame Commissary Depute and Benjamin Bartin Clark of the Commissariot of Glasgow At Glasgow the thirty first day of May Seventeen hundred and ninety Seven years Bond of Cautionry In presence of Mr Robert Grame Commissary Depute of Glasgow Compeared Robert Grahame Writer in Glasgow as Pro[curato]r for himself and gave in the Bond after inserted deserving the same to be registered in the Commissary Court Books and whereof the tenor follows I Robert Grahame Writer in Glasgow Do hereby Bind and Oblige myself and my heirs Executors and Successors whomsoever as Cautioners acted in the Commissary Court Books of Glasgow for Martha Reid daughter of the deceased Doctor Thomas Reid Professor of Moral Philosophy in Glasgow Colledge in the University of Glasgow and widow of Doctor Patrick Carmichael Physician in Glasgow and sole Surviving Executor Nominated and appointed by the said Doctor Thomas Reid That the sum of Five Pounds Sterling contained in the Inventary of the said Doctor Thomas Reids Effects to be given up and Confirmed In [p.547] In the Confirmation of the said Martha Reid as Executor foresaid shall be made free and furthcoming to all having right in terms of law Consenting to the Registration hereof in the said Commissary Court Books or other competent for preservation, and that Letter of Horning on Six days Charge and all other legal Execution may of necessary herein pass in usual form and thereto Constituting the said Robert Grahame Procurator, In witness whereof these presents written by Mathew Taylor my Clerk Are Subscribed by me At Glasgow the twenty Seventh day of May Seventeen hundred and Ninety Seven Before these Witnesses Andrew Mitchell my Clerk and John Miller Ewing my apprentice (signed) Robert Grahame Andr Miller Ewing witness Andrew Mitchell witness - |