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Certified Copy
Trust Disposition
and
Settlement
by
Patrick Glenday
1841
Recorders fees $4.12 fees due
Filed June 4th AD 1841
L. E. Powell Recr
Order on Mrs. Durfee in favor of
E. C. Cunningham for above fees
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At Perth the eleventh day of November Eighteen hundred and thirty six
In presence of Adam Anderson Esquire, Advocate, Commissary of the Commissariot
of the County of Perth Compeared Mr William Johnston Writer in Blairgowrie
as Procurator for the persons afternamed and designed and gave in the
Trust Disposition and Settlement by Patrick Glenday Feuar in New Rattray
and Inventory of his Personal Estate (duly stamped with fifteen pounds
Sterling of duty) and oath thereon all afterwritten, desiring the same
to be recorded in the Commissary Court Books of Perthshire conform to
Act of Parliament which desire the said Commissary found reasonable
reasonable and ordained the same to be done accordingly
the tenor whereof follows virt: Know all Men by the presents that I
Patrick Glenday Feuar in New Rattray being resolved to settle my affairs
so as to prevent dispute and differenced among my children after my
death, and having confidence in the persons afternamed for executing
the Trust reposed in them, do hereby give grant, assign and dispone
to and in favor of Andrew Thome Feuar in Rattray, James Ogilvy residing
at Craig and William Fyfe Flaxspinner at Keithmill and to the survivors
or survivor of them who shall accept, and to the heirs of such survivor,
but that always in Trust for the uses, ends and purposes aftermentioned
and declaring that a majority of my
my said Trustees accepting and surviving shall at all times form a
quorum, for executing the purposes of this Trust. All ans Sundry lands
and heritages, debts heritable and moveable, heirship moveables, and
whole goods gear sums of money and effects and in general my whole means
and estate heritable and moveable of whatever natur or denomination,
or wherever situated presently belonging or which shall belong to me
at the time of my death, with the whole vouchers instructions and conveyances
of the said debts and the writs and evidents of my said heritable estate:
And particularly without prejudice to the said generality I hereby Dispone
Alienate and Convey to and in favor of the said Andrew Thom James Ogilvy
and William Fyfe and
and their foresaids. All and Whole That lot of ground in the west end
of the Town of Kirrymuir, with the three small houses built thereon
lying in that field of land called the Claypot acre, and on the South
point therof with the piece of vacant ground before the doors of the
said houses as delineated on a plan of the said field of land made out
by Thomas Ogilvy, bounded the said subjects here:by disponed, on the
south and west by the public road or street leading from Kinnordy thro'
the Town of Kirrymuir, on the north by the house now or lately occupied
by George Rickart, and on the East by a lane or Road leading from the
said road or street northwards to the house possessed by Charles Crabb:
De:claring
:claring that the north gable wall of the said Houses
shall be mutual betwixt the said Trustees and their foresaids and the
Proprietor of the said house possessed by the said George Rickart in
all time coming together with all right, title and interest claim of
right, property and possession, which I my predecessors and authors
heirs or Successors had have or can claim or pretend thereto: which
subjects lye within the Town and Parish of Kirrymuir and Shire of Forfar:
As Also I do hereby assign convey and make over to and in favor of the
said Andrew Thom, James Ogilvy, and William Fyfe, and their fore:saids
a Tack bearing dathe the thir:tieth day of May Eighteen hundred and
nine, and recorded in the Sheriff
Sheriff Court Books of Perthshire the thirtieth day of
May Eighteen hundred and Seventeen, entered into between An:drew Thom
Senior Merchant in Rattray on the one part and me on the other by which
the said Andrew Thom let to me, my heirs, assignees, and subten:ants.
All and Whole that lot of ground lying in the Westfields of Rattray
and benorth the great road that leads from Rattray to Blairgowrie and
on both sides of the New Road that leads northward to the New bridge
over the water of Erich at Rochford north to the March of William Thoms
property, and east to the top of the first little brae, where a road
of six:teen feet broad is proposed to run northward by the top of said
brae until it join the said new road to said new bridge. Bounded on
the
the south by the said great road that leads from Rattray
to Blairgowrie on the west by the lands of Craig:hall, on the north
by the lands belonging to the said William Thom, and on the east by
the said road of sixteen feet breadth and the said An:drew Thoms other
property, lands as marched off, and march stones set Which grounds excluding
the new road northward to said new bridge consists of two acres three
roods twenty one falls and ten ells or thereby of scots measure and
that for the space of Ninety nine years from and after the term of Whitsunday
Eighteen hundred and nine which was thereby declared to have been the
period of my entry to the premises let and from and after that period
to be peaceably possessed and enjoyed by me, and that without any
any interruption whatever - and under the conditions and
provisiions and for payment of the rent mentioned in said Tack: As Also
another Tack bearing date the thirteenth day of April Eight::een hundred
and thirty entered into be::tween William Yeaman Weaver in New Rattray
with consent of Francis Pierie Mason in New Rattray, for all right and
interest which he had or could pretend to the subjects on the one part
and me on the other part. By which the said William Yeaman with consent
foresaid set and in Tack and as::sedation let to me, my heirs and assignees
whomsoever and sebtenants All ans Whole that piece of ground with the
house erected on the same lying in New Rattray on the South of the Publick
road leading from Blair::gowrie to Rattray and consisting of Twenty
Twenty falls scots measure or thereby being part of that
piece of ground let by Andrew Thom in Rattray to the said William Yeaman
by Tack bear::ing date the thirtieth day of May Eighteen hundred and
twenty three and which piece of ground so let lyes upon the south end
of the said ground let by the said Andrew Thom and is bounded as follows
Virt On the west by the line of a proposed road of sixteen feet in breadth
betwixt George Tyrics ground and that so let on the south by the line
of another proposed cross road, on the East by the ground let to William
Cowan and on the north by the remainder of the ground belonging to the
said William Yeaman, from both of which it is separated by March stones
in fixed
fixed and which ground lyes in the Parish of Rattray and
County of Perth and that for the full and complete period of Ninety
three years and a half from and after the term of Whi::sunday Eighteen
hundred and twenty eight, which was thereby declared to have been the
term of my entry to the premises let and from and after that period
to be peacably enjoyed and possessed by me and my foresaids under the
burdens and restrictions and for payment of the rent contained in the
said Tacks: As Also a subtack bearing date the fourteenth day of June
Eighteen hundred and ten entered into be::tween myself on the one part
and James McLandress Shoemaker in Blairgowrie, and James McLandress
residing
residing in Pitnacree of Alyth, and Duncan McLandress
late in Rattray by which I as principal Tacksman of the said subjects,
in subtack and asseation let to the said Duncan McLaundress [sic] and
James McLandress Shoemaker, and James McLandress then at Thorn jointly
and their heirs and assignees All and whole that lot of ground lying
in the Westfields of Rattray being part of the gound taken by me in
a long lease from Andrew Thom, Senior Merchant in Rattray, bounded on
the west by the New Road that leads to the new bridge across the water
of Ericht at Rochford, on the south and east by the property retained
by me, and on the north by the property belonging to William Thom
Thom Feuar in Rattray: which lot of ground consists of
thirty two falls and five ells or thereby and that for the space of
Ninety nine years from and after the term of Whitsunday Eighteen hundred
and ten: to which subtack I have now right by various assignations and
that for the remain::ing years and terms yet to run of the said subtack
and under the conditions provisions and for payment of the rent specified
in said subtack: and I do hereby make constitute and appoint the said
Andrew Thom James Ogilvy and William Fyffe and their foresaids, my lawful
cessioners and assignees, not only in and to the whole writs and evidents,
rights titles and securities of and concerning the several subjects
before mentioned with the
the whole causes in the Tacks and subtack before mentioned
all all that has followed or is competent to follow thereon but also
in and to the whole rents mails and duties that may become due furth
of or from the foresaid subjects and prestible by the foresaid tacks
or either of them or any part thereof from and after the period of my
death, surrogating and substi::tuting my said trustees in my full right
and place of the hail premises for ever Moreover I do hereby nomin::ate
and Appoint the said Andrew Thom, James Ogilvy and William Fyfe and
their foresaids, to be my sole Executors and intromittors with my moveable
estate and effects: De::claring as it is hereby expressly provided and
declared that these presents are granted and to be ac::cepted
:cepted of by my said Trustees, in Trust always, for the
uses, ends and purpoes aftermentioned: Primo. For payment of all my
just and lawful debts, sickbed and funeral expences and the expence
and management of this present Trust: Secundo. That my said Trustees
shall at the expiry of a year after my death and after paying the sums
after be::queathed, or as soon thereafter as can convenientyly be done
make up a statement of my whole means and estate, heritable and moveable
and by valuing the heritable (and move::able and by valuing the heritable)
property proportion the same in share as nearly equal as can be in four
- (one share to be disponed and pay::ment made to James Glenday my eldest
son residing in St. Charles in the
the United States of America or elsewhere abroad - One
share to Thomas Glenday my second son re::siding at St. Charles aforesaid
- one Share to Helen Glenday my daugh::ter residing in New Rattray -
and one chare to Andrew Glenday my youngest son - But I declare that
besides the share to be disponed and paid to James Glenday my eldest
son my said Trustees shall give him a precipium or preference of One
hundred pounds Sterling and which sum to the said James Glen::day is
in fill of all claim he can have against me for any legacy left to him
by his Grandfather or otherwise. Tertio - That in case my said children
before named shall not signify their intention to my said Trustees to
accept of the different
different properties apportioned out to them, within twelve
months after such shares are so apportioned then my Trustees are hereby
empowered and de::sired a soon thereafter as they con::veniently can,
to sell and dispose of the whole hereitable property before disponed
and that either by public roup or private bargain as to them shall seem
best, and at such prices as can be obtained therfor and for that purpose
to enter into articles of roup and to conduct the sales as fully and
freely in all respects as I could have done myself during life, and
after realizing the proceeds to apportion and divide the same in the
four proportions as before stated and pay the same to the said James,
Thomas, Helen, and Andrew Glendays in the shares before stated, giving
the said James
James Glenday always his precipium or preference of One
hundred pounds sterling - Quarto - In respect that I have given orders
to transfer the propert belonging to me situated in St. Charles aforesaid
to and in favor of, Ann Glenday Widow of Thomas R Durffie at St. Charles
yet if that shall not have taken place before my death I desire my said
Trustees to Dispone the same to her, her heirs and assignees in a proper
and legal manner, and besides I direct my said trustees to pay to the
said Ann Glenday her heirs executors and successors the sum of Ninety
pounds Sterling which sum I hereby legate and bequeath to the said Ann
Glenday and her foresaids and which sum I direct to be paid at the expire
of a year after my death
death - Quinto - With respect to the said Andrew Glendays
share I hereby direct my said Trustees not to dispone or pay over his
share or in the event of a Sale as aforesaid his share of the proceeds
of my property until he at::tains the age of twenty five years complete,
but my said trustees are here::by auithorised to make the said Andrew
Glenday a reasonable allowance as to them shall seem proper, until he
shall be able properly to earn his own livelihood. Sexto, That my said
trustees shall make payment to Janet Glenday wife of Thomas Watson Cabinet
Maker in Dundee, the sum of Ten pounds and that a full year after my
death which sum I hereby legate and bequeath to the said Janet Glenday
- Septimo - I hereby desire and require my said Trustees
Trustees as soon after my death as they conveniently can
to make over to the said Helen Glenday my daugh::ter my whole household
furniture bedding and other effects in my dwelling house in New Rattray,
to whom I legate and bequeath the same: Ex::cepting however from the
same the bed in which I am accustomed to sleep and the bedding of Clothes
on the same, my whole body clothes and my silver watch all which I direct
my said Trustees to give to, or account for to the said James Glenday
my eldest son, to whom I legate and bequeath the same: And I hereby
farthere declare that if any of my said children before mentioned shall
die before the period at which their several portions become payable
as aforesaid
aforesaid without leaving lawful issue then the share
or shares of such child or children predeceasing, shall fall to and
be equally divided among his bro::thers or sister surviving, share and
share alike, and my said trustees are hereby desired and required to
act ac::cordingly: And farther I do hereby nom::inate and appoint the
said Andrew Thom, James Ogilvy and William Fyfe and their foresaids
to be curators to the said Andrew Glenday my son during his minority
declaring that a majority of them accepting and surviving shall at all
times form a quorum, and I do hereby give full power and author::ity
to my said Trustees to appoint Factors one or more to manage the affairs
hereby committed to their charge Declaring that my said shall not to
be liable for omissions of neglect of management and that
they shall not be liable singuli in solidum, but only each for his own
intromissions and that they shall not be liamble for any Factory named
by them ex::cept that he was solvent at the time of his appointment
and I do hereby farther give full and unlimited powers to my said trustees
to submit and refer all disputes and differences relative to my property
and effects and to compound transact and agree all disputes and differences
which may occur in the winding up of my said affairs: In which subjects
first above disponed required Infeft::ment I bind and oblige myself
my heirs and successors to infeft and seize the said Andrew Thom James
James Ogilvy and William Fyfe my Trustees and their foresaids
by two several Infeftments and manners of holding in the same manner
and as fully and freely in all respects as I myself hold or might have
held the same myself, and that either by re::signation or comfirmation
and for com::pleteing the said Infeftment by re::signation I hereby
make and Constitute each of them jointly and severally my lawful and
irrevocable Procurators with full power to them to appear before my
immediate lawful superiors or their Commissioners and there to resign
& surrender as I hereby Re::sign surrender upgive, overgive, and
deliver, all and whole the said subjects lying, bounded, and described,
as aforesaid and here held as repeated, brevitatis causa in
in favor and for new Infeftment of the same, to be made
given and grant::ed to my said Trustees, and their foresaids, in due
and competent form Acts, Instruments, and documents, in the premises
to ask and take, and generally every other thing to do, which I could
have done before granting hereof, ratifying hereby and confirming whatever
my said Procurators shall lawfully do or cause to be done in the pre::mises:
and I hereby make and Consti::tute the said Andrew Thom, James Ogilvy
and William Fyfe and their foresaids my cessioners and assignees not
only in and to the whole writs and evidents, rights, titles and securities
of the said subjects made and granted in favor of me my predecessors
and authors whole clauses therein contained with all that has followed
or is competent
competent to follow thereon: but also in and to the rents
mails and duties of the said subjects due and payable furth and from
the same from and after the perios of my death but all that always in
Trust for the ends uses and purposes before expressed: And I do hereby
reserve full power and liberty to myself at any time of my life to alter
and innovate these presents in whole or in part and to revoke cancell
and annul or farther burden the same as I shall think proper: But Declar::ing
that the same so far as not revoked or altered by me shall be a valid
and effectual deed altho found lying in my repositories or in the custody
of any person undelivered at the time of my death: with the de::livery
whereof I have dispensed and hereby
hereby dispone for ever: and I consent to the registration
hereof in the Books of Council and lession or any other Judges Books
competent therein to remain for preservation and for that effect Con::stitute
My Procurators &c Moreover to the effect that the said Andrew Tom,
James Ogilvy and William Fyfe and their foresaids my said Trustees may
be infeft and seized in the said subjects and others foresaid I hereby
desire and require you and each of you my Bailies in that part hereby
specially constituted: That upon sight hereof ye pass to the ground
of the said subjects and others and there give and deliver to the said
Trustees or to their foresaids heritable state and sasine, real, actual,
and corporal possession of All and Whole the said lot
lot of ground with the houses built thereon lying bounded
and described as aforesaid and here held as repeated brevitatis causa:
But always with and under the burdens before mentioned, and that by
delivery to my said Trustees or to their foresaids or to his or their
certain attorney or Attornies in his or their names bearers hereof of
earth and stone of and upon the ground of the aforesaid subjects, and
this in noways ye leave undone which to di I commit to you jointly and
severally my fill power by this my precept of Sasine directed to you
for that effect: In witness whereof these presents written upon this
and the six preceding pages of stamped paper by Charles Cameron Apprentice
to Thomas Whitson Writer in Blairgowrie are
are subscribed by me at New Rattray the tenth day of October
in the year One thousand and eight hundred and thirty four before these
witnesses the said Thomas Whitson and Charles Cameron Witnesses to my
subscribing the marginal note on the fourth page hereof written and
subscribed the same as the body - (signed) Pat Glenday - Thos Whitson
Witness . Chas Cameron Witness
I David Wedderspoon Commissary clerk Departo of Perthshire,
do hereby certify, that what is Con::tained in this and the twenty six
preceeding Pages, is a just and true copy of the Trus Deposition and
settlement of Patrick Glenday Feuar in New Rattray now deceased, as
the same is recorded in the Commissary Court books of Perthshire, of
which I have the official Charge and Custody. Given under my hand, ant
the seal of office of the Court ifranit (?) of the County of Perth appended
hereto, at Perth this twenty third day of February eighteen hundred
and forty one years
State of Missouri
County of St. Charles |
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I, Ludnell E. Powell Recorder for the county aforesaid
Certify that the foregoing instrument of writing was filed for
record in my Office on the 4th June A.D. 1841 and is duly recorded
in Book O. page 331 and following
Given under my official Seal this 28th day of
June 1841
Ludwell E. Powell, Recorder
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Notes:
From a reader:
The definitions given in our Chambers Dictionary (which
has many Scots words in it) are :
- DISPONE
- (archaic) to set in order ; dispose; (Scots law) to make over to
another ; to convey legally
- INFEFTMENT
- a Scots law term, used to denote the symbolical giving possession
of land, which was the completion of the title.
-
- (By the way, DEPONE means to testify on oath)
Hope this all now makes it clearer.
Douglas
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