Transcript of the Will of James Allison of Malletsheugh Farm, Mearns 1866

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Transcript of the Will of James Allison of Malletsheugh Farm, Mearns 1866

Paisley Sherrif Court SC58/42/32 Pages 841-852

[Page 841]

Settlement of Jas. Allison

At Paisley upon the fifth day of January Eighteen hundred and sixty six years In presence of the commissary of the Commissariot of Renfrew compeared Archibald Brownlie Writer in Barrhead and gave in the Extract Register Disposition and Settlement & Codicil under written desiring that the same might be recorded

[Page 842]

which was appointed to be done & whereof the tenor follows Vizt: At April the seventh day of April in the year one thousand eight hundred & sixty five In presence of the Lords of Council & Session compeared George Munro Esquire, Advocate procurator for James Allison after designed and given in the Disposition & Settlement and codicil under written desiring the same might be registered in their Lordships' Books conform to Law which desire the same Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows: I James Allison of Malletsheugh in the Parish of Mearns and County of Renfrew in order to settle the succession to my means and estate heritable and moveable, real & personal and to prevent disputes concerning the same after my death Have Given granted and disponed as I do hereby Give Grant Assign Dispone and Convey with and under the real lieus and burdens herein after Specified from me my heirs and successors to and in favor of Robert Allison residing at Malletsheugh, my son, and his heirs and successors whomsoever. In the first place All and Haill the sixteen shilling eight penny land of Malletsheugh with houses biggins yards outsets insets pasturage mosses muirs meadows parts pendicles and pertinents of the same whatever together with the common pasturage of the Mearns Muir belonging to the same Lands lying within the Barony and Parish of Mearns and Sherrifdom of Renfrew excepting therefrom the dominum utile of the twenty poles & two yards and thirteen poles and fifteen yards of ground parts of the sixteen shilling eight penny land feued out by me to William and John Rolston, Wrights, Polloktown:

[Page 843]

and in the Second Place All and haill that part of Upper Malletsheugh commonly known by the name of the Craigs extending to half an acre of ground or thereby formerly possessed by Robert Allison my father and now by myself bounded as follows Vizt: by the land now or formerly belonging to John Howie of Upper Malletsheugh on the east, by the land belonging to James Pollok on the North , and by the lands which formerly belonged to the said Robert Allison and now to me on the west and north and lying within the Parish and Barony of Mearns & Sherrifdom of Renfrew, Together with all rights title and interest which I my predecessors & all their heirs and successors had have, may or can claim or pretend to the said several subjects and others and in general all & sundry my whole heritable and moveable real & personal means & estates of whatever nature or wheresoever situated the same may be now belonging or which shall be belonging to me at the time of my death with the whole writs title deeds & securities, vouchers & instructions of the same with all that has followed or may be competent to follow thereon: and I hereby nominate & appoint the said Robert Allison to be my sole executor with all the powers which to that office belongs.  But these presents are granted and shall be accepted of by the said Robert Allison & his foresaids with and maded the following real lieus & burdens Vizt: First Payment of all my just and lawful debts, sick bed and funeral charges. Second That my said disponee and his foresaids shall immediately after my death dispone convey and make over by Feu disposition to and in

[Page 844]

favor of himself, the said Robert Allison, James Leggat residing at Malletsheugh and James Andrew also residing there and of such other person or persons as I shall hereafter name or as shall be assumed by them & of the acceptors and acceptee survivors and survivor of the persons herein named or to be named or assumed as aforesaid as Trustees and Trustee for behoof of William Allison, Innkeeper at Malletsheugh, my son, in liferent for his liferent use allenarly and the children now procreated or which may be hereafter procreated of the present marriage between my said son William and his present Wife and of any future marriage which he may contract equally among them share & share alike in fee All and Whole that piece of ground being part of the said lands of Malletsheugh consisting of one rood & twenty eight falls or thereby Scots measure or two roods and five and a half poles Imperial standard measure or thereby with the houses and buildings erected thereon and pertinents bounded on the south by the road leading from Glasgow to Kilmarnock, on the east and north by the road leading from said Road to the Stewarton road, and on the west by other parts of the lands of Malletsheugh and whole parts pendicles & pertinents thereof and free ish & entry thereto and which subjects are part & portion of All and haill the said sixteen shilling eight penny land of Malletsheugh above described to beholden the subjects last above described of the said Robert Allison and his foresaids for payment of Three pounds sterling per annum of feu duty

[Page 845]

and duplication thereof every nineteenth year from the first term of Whitsunday or Martinmas that may occur after my death with interest on said feu duty and duplication at the rate of five per centum per annum from the time the same falls due till paid, It being hereby specially provided and declared that in the event of any of the said children of my said son William dying leaving lawful issue such issue shall succeed in the parents place and to the share to which the parent would have been entitled if in life at the time, equally share & share alike and should any of the said children die without leaving lawful issue the share of such deceased shall go to and be divided amongst the survivors of said children and the issue of any deceased of them who may have died leaving lawful issue per stirpes and further I hereby direct & appoint that the said Trustees, survivors and & survivor of them shall on the death of my said son William dispone convey and make over the said subjects and others last above described to the said children and their foresaids in the shares and proportions herein before appointed and to which they may respectively have right in terms hereof.  Farther it is hereby farther specially provided and declared that the provisions herein contained in favor of my said son William are purely alementary and for their better maintenance and support and shall not be subject to their debts nor deeds nor liable to the diligence of their creditors of any husband whom any female of them may marry all which and the jus mariti of any such husband are hereby expressly  excluded & debarred therefrom and in these terms and under these conditions shall the said subjects & others be disponed  by the said Robert Allison to the said Trustees for behoof as aforesaid Third

[Page 846]

To make payment on the expiry of twelve months after my death of the following sums or legacies to the following parties Vizt: To Jean Allison Agnes Allison Janet Allison & Elizabeth Allison my daughters and their respective heirs per stirpes the sum of Seventy pounds Sterling each and which legacies to my said daughters shall not be subject to the jus mariti or right of administration of their present husbands nor of any future husbands whom they may marry nor be liable to the debts nor deeds nor subject to the diligence of the creditors of such husbands.  All which being hereby expressly  excluded and debarred and the receipts by my said daughters alone for the said legacies shall be a sufficient discharge therefore to the said Robert Allison and his foresaids although the although the same may not be signed by the respective husbands of my said daughters and it is hereby expressly provided & declared that the above provisions in favor of my younger children and their foresaids are and shall be real lieus and burdens on the Lands to them hereby disponed which provisions above written concurred in favor of my said children shall be accepted of by them and the same are hereby declared to be in full of all legation portion natural bairns part of gear executry and any other claim whatever which they or any of them can ask or demand by and through my decease only and through the death of their mother my deceased Wife and fourth to make payment to each of James Leggatt and Margaret Leggat children of my deceased daughter Margaret Allison sometime wife of William Leggat sometime Victualler in Glasgow now abroad of the sum or legacy

[Page 847]

of Twenty pounds Sterling and that on them respectively attaining the age of twenty one years complete with interest at the rate of five per centum per annum from the respective terms of payment till paid declaring that the said several sums shall become vested in each of the said James Leggat & Margaret Leggat if he or she shall survive me and they shall transmit to the respective heirs of the said James Leggat & Margaret Leggat although he or she may die before attaining majority and I hereby revoke and recall all former settlements and deeds of a testamentary nature made & executed by me and I reserve my own liferent right of the premises and full power at any time during my life and even on deathbed to revoke alter qualify or affect these presents in whole or in part as I think proper and I dispense with the delivery hereof and declare these presents to be equally valid and effectual to all intents & purposes altho the same may be found in my own custody or in that of any person to whom I may have committed the keeping thereof at the time of my death and I consent to the registration hereof for presentation and also to registration in the general or particular register of Sasines.  In Witness whereof these presents written on this and the two preceding pages with the marginal addition of the words and their respective heirs per stirpes on page Second hereof and the word Ralston on the sixteenth line from the top of the first page hereof which is written on erasure by James Moore Shaw clerk to Archibald Brownlie, Writer in Barrhead are subscribed under the express declaration

[Page 848]

 that should any of my said daughters named Jean Agnes Janet & Elizabeth Allison be now dead or in the event of any of them dying the heirs of such deceased shall succeed in her place and to the Legacy to which she would have been entitled if in life at my death.  By me at Barrhead upon the tenth day of January in the year Eighteen hundred and sixty three before these witnesses the said James Moore Shaw and David Shaw also clerk to the said Archibald Brownlie (signed) James Allison, Jas M Shaw Witness, David Shaw Witness.  I James Allison of Malletsheugh the granter of the foregoing Disposition and Deed of Settlement in virtue of the powers therein reserved to revoke alter qualify or affect the same in whole or in part do hereby revoke and recall the following legacies therein directed to be paid namely (first) the Legacy of Seventy pounds Sterling directed by article third of said deed of Settlement to be paid to Jean Allison my daughter or her heirs, as this said Jean Allison is dead & her heirs have been otherwise provided for by me and (second) The Several legacies of twenty pounds Sterling each directed by article fourth of said deed of Settlement to be paid to James Leggat & Margaret Leggat my grandchildren as these parties are likely to be well provided for by their father, and I confirm the said disposition & Deed of Settlement excepting so far as the same is hereby revoked or altered and I of new resume power to revoke alter burden qualify or affect the said Disposition and these presents and I consent to registration hereof along with the said Disposition In Witness whereof this Codicil Written by same James Moore Shaw clerk to Archibald Brownlie, Writer in Barrhead, are

[Page 849]

subscribed by me at Barrhead upon the thirty first day of October in the year Eighteen hundred and sixty three before these witnesses, Robert Porteous MacLean, clerk to the said Archibald Brownlie and the said Jas Moore Shaw (signed) James Allison, R P MacLean Witness, Jas M Shaw Witness.  Register on behalf of Robert Allison residing at Malletsheugh in the Parish Mearns and County of Renfrew son of the deceased James Allison of Malletsheugh aforesaid (signed) Archd. Brownlie Writer Barrhead Agent of the said Robert Allison.  This Disposition and Settlement with Warrant of Registration thereon presented at Glasgow on the sixteenth day of January Eighteen hundred and sixty five years is recorded on the 209.215 and intervening leaves of the Seventeen Hundred and Fiftieth Book of the Register of Sasines &c for Renfrewshire and Regality of Glasgow &c (signed) Thomas Hill Extracted furth of the Books of Council and session upon the Eighteen pages of stamped paper by me George Ritchie Kinloch Principal keeper of the Register of Deeds, Probative Writs &c conform to Act of Parliament and holding commission to that effect from the Lord clerk Register of Scotland (signed) George R Kinloch. (Follows Inventory)
Inventory Jas Allison (no stamp) Inventory of the Personal and moveable means & estate wheresoever situated of the deceased James Allison of Malletsheugh in the Parish Mearns & County of Renfrew who died at Malletsheugh aforesaid on or about the ninth day of January Eighteen hundred and sixty five years given up in order to be recorded in the Commissary Court Books of the County of Renfrew by Robert Allison of Malletsheugh aforesaid Executor nominated and appointed by the said James Allison

[Page 850]

by Disposition and Deed of Settlement executed by the said James Allison in favor of the up given bearing date the tenth day of January Eighteen hundred & sixty three years and to which there is a annexed a codicil also executed by the said above James Allison bearing date the thirty first day of October and year last above mentioned.

Scotland
Personal Property

The following effects belonged to the said deceased Vizt: 
First  Certain articles of Household furniture and plenishings in Malletsheugh House conform to valuation under the hands of Nicol Cameron, Auctioneer and Appraiser in Glasgow amount in value to the sum of fourteen pounds fifteen Shillings Sterling 14.15.00
Second  The proportions of rents of a tenement at Malletsheugh for the Period between the term of Martinmas last and the date of the death of the said deceased at which last mentioned date the Settlement appoints the subjects from which the rents are payable to be conveyed in trust for behoof of William Allison Vizt:
William Andrew 2.06.08
Robert Deacon 1.00.00
Robert Fyfe 0.13.08
James Henderson 0.13.08
James Kessie 0.13.08
James Wilson 0.06.10
Archibald McKinnon 0.06.10
William Allison 0.13.08
Miss Cowan 0.06.10

07.01.10

Amount of Personal Estate in Scotland Twenty one pounds Sixteen Shillings and

[Page 851]

tenpence Sterling

21.16.10

(Signed) Robert Allison, George Heys Esq At Barrhead the twenty fifth day of December Eighteen hundred & sixty five years.  In presence of George Heys Esquire one of Her Majesty's Justices of the peace for the County of Renfrew compeared Robert Allison of Malletsheugh in the Parish of Mearns in the County of Renfrew Executor nominated & appointed by the deceased James Allison of Malletsheugh aforesaid by Disposition and Deed of Settlement executed by him in favor of the said Robert Allison of Malletsheugh bearing date the tenth day of January Eighteen hundred & sixty three years and having thereto annexed a codicil also executed by the said above James Allison bearing date the thirty first day of October and year last above mentioned who being solemnly sworn and examined depones that the said James Allison died at Malletsheugh aforesaid upon the ninth day of January Eighteen hundred & sixty five years and the Deponent has entered or is about to enter upon the possession and management of the deceased's estate as Executor nominated by him by the said disposition and Deed of Settlement which is now exhibited and signed by the Deponent and the said Justice of the Peace of this date as relative hereto that the Deponent does not know of any Testamentary Settlement or writing relative to the disposal of the deceased's personal estate or Effects or any part thereof other than the said Disposition & Deed of Settlement.  That the foregoing Inventory signed by the Deponent and the said Justice of the Peace as relative hereto is a full and Complete Inventory of the Personal Estate & effects of the said deceased James Allison wheresoever situated & belonging or

[Page 852]

due to him beneficially at the time of his death in so far as the same has come to the Deponents knowledge.  That the Deponents does not know of any money or property belonging to the deceased liable to the duty imposed by the Act 23 Victoria caput 15 and 23 & 24 Victoria caput 80.  That the value at this date of the said personal Estate & Effects situated in the United Kingdom including the proceeds accrued thereon down to this date is twenty one pounds sixteen Shillings & tenpence Sterling and under one hundred pounds Sterling.  All which is truth as the Deponent shall answer to God (signed) Robert Allison, George Heys Esq.

Jno Bartlemore - Commissary Clerk