Andrew Burns 18/1/1858 Ayr Sheriff Court Inventories and marriage contract to Janet Bell SC6/44/24

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Andrew Burns 18/1/1858 Ayr Sheriff Court Inventories SC6/44/24

Inventory umquhile Andrew Burns.

Pages 1044-1045.

At Ayr the Eighteenth day of January one thousand eight hundred and fifty-eight years compeared John McMurtrie Writer in Ayr who produced Inventory of the Personal Estate of the deceased Andrew Burns after designed. Also Antenuptial Contract of marriage between said defunct and Spouse, and of which Inventory and Antenuptial Contract of marriage the tenor follows:

Inventory of the personal Estate and Effects of the deceased Andrew Burns, Tailor and Clothier in Ayr, who died at Ayr on the eleventh day of March Eighteen hundred and fifty-two faithfully made and given up by Mrs. Janet Bell or Burns his widow: -

1. Cash in House   2.--.--
2. Cash in the Western Bank of Scotland   14.--.--
3. Interest thereon  --. 9. 6
4. House Furniture and Effects per Inventory and Appraisement
by Robert Goudie Appraiser in Ayr
  67.--.03
5. Fifty shares from the Union Exchange from which recovered
Seventeen shillings and six pence per share
 42.18. 6 *
6. Fifteen shares of the stock of the Ayrshire and Galloway/
Smithstone and Dalmellington Railway at Seven pounds,
ten shillings per share
112.10.--
7. Debt due to the defunct by Mr. Gemmill at Ladykirk  27.--.--
8. Debt due by Mr. Duff and Sons  30.--.--
9. Debt due by the Tailor Corporation of Ayr. 140.--.--
10. Interest due thereon   3.10.--
11. Debt due by Allan Thomson   2.--.--
441. 8. 3

* Fifty shares at Seventeen shillings and six pence per share actually totals 43.15.00 NOT 42.18. 6

(signed) Janet Burns, R. McD. Fergushill at Ayr the Eighteenth day of January Eighteen hundred and fifty-eight in presence of Robert McDermit Fergushill Esquire Comissary Depute of the Commissariat of Ayrshire compeared the foresaid Mrs. Janet Bell or Burns, widow of the deceased Andrew Burns, Tailor and Clothier in Ayr who being solemnly sworn and examined depones that the said Andrew Burns died at Ayr on the Eleventh day of March Eighteen hundred and fifty-two. That the Deponent has entered upon the possession and management of the said deceased's personal or moveable Estate as his sole Executrix nominated by an antenuptial contract of marriage entered into between the Deponent and the said deceased Andrew Burns, upon the Twenty eighth day of May Eighteen hundred and twenty eight. That the Deponent knows of no other settlement or writing left by the Deceased relative to the disposal of his personal or moveable Estate other than the said antenuptial contract of marriage which is now produced and signed by the Deponent and the said Commissary Depute in reference hereto. That the foregoing Inventory, which is signed by the Deponent and the said Commissary Depute, as also relative hereto, is a full and true Inventory of all the personal or moveable Estate and Effects of the said deceased Andrew Burns, wheresoever situated, already recovered or known to be existing belonging or due to him beneficially at the time of his death and that the said estate situated in Scotland is of the value of Four hundred and forty one pounds and eight shillings and three pence and under the value of Four hundred and fifty pounds sterling. All which is truth as the Deponent shall answer to God. (signed) Janet Burns, R. McD. Fergushill.

Written by John MacKay

Antenuptial Contract of Marriage umquhile Andrew Burns & Spouse

Pages 1046-1047.

It is contracted, agreed and matrimonially ended between the parties following that is Andrew Burns, Merchant Taylor in Ayr on the one part and Janet Bell, daughter of James Bell, slater in Perth on the other part, in manner following. That is to say we the said parties have accepted and hereby accept of each other for lawful spouses, and promise to solemnize the holy hand of marriage with all convenient speed, agreeable to the rules of the church and whereas it has been agreed upon that the whole properties of whatever description now belonging or which may at any future period fall and belong to us respectively, shall upon the death of any one of us devolve to and become the property of the survivor, with this understanding, only that in the event of children of the marriage existing it (is) shall not be in the power of the survivor gratuitously to deprive them of the succession. Therefore in implement of said agreement I the said Andrew Burns, the Husband, do hereby give, grant, assign and dispone to and in favor of the said Jannet Bell, the wife, in case she shall survive me, and to her heirs, Executors and Assignees whomsoever All and Sundry the whole Heritable & moveable Estate of whatever description which now belong or which shall at any future period belong to me including my whole debts, Household furniture and Effects, and in like manner I the said Janet Bell, the wife, assign, give, grant, and dispone to and in favor of the said Andrew Burns, the husband, in case he shall survive me, and to his heirs, Executors or Assignees whomsoever All and Sundry the whole Heritable & moveable Estate of whatever description now belong or which shall at any future period fall and belong to me and for rendering this deed the more effectual we do hereby (specially) severally nominate and appoint the survivor of us to be sole Executor and universal Legatory of such one of us shall predecease, hereby debarring all others from that office reserving always to ourselves our own joint Liferents and every proper and prudent administration of the Effects mutually conveyed and reserving also power to revoke or alter at our pleasure, and we dispense with the delivery of this deed and further declare that the same shall be effective tho' our said marriage should be disolved within year and day without a living child and we consent to the Registration hereof in the Books of Council and session or others competent therein to remain for preservation and that all execution necessary may pass hereon in ????? ?????????, & there to constitute.

In Witness whereof these presents written on this and the two preceding pages by John McMurtrie, Writer in Ayr, upon paper duly stamped, are subscribed by us the said parties at Ayr the Twenty eighth day of May Eighteen hundred and twenty eight before these witnesses - the said John McMurtrie and William Maner, mason at the new Town Buildings, Ayr and residing in Ayr. (signed) Andrew Burns, Janet Bell, William Maner - witness, John McMurtrie - witness. Ayr 18th January 1858. This is the antenuptial contract of marriage referred to in my oath of this date in giving up an Inventory of the Personal Estate of the within designed Andrew Burns now deceased. (signed) Janet Burns, R. McD. Fergushill.

Written by John MacKay.