WILLS OF JOHN CLARK
and of HIS BROTHERS PATRICK AND JAMES
1814—THE WILL OF JOHN CLARK OF KINGSTON
Jamaica Ss.
IN THE NAME OF GOD AMEN. I John Clark of the City and Parish of
Kingston, in the County of Surry and Island
aforesaid, Esquire, being in good health of body and of sound and disposing
mind and memory, do make publish and declare this to be my Last Will and
Testament. In the first place, I give
devise and bequeath all my Estate Real, personal or mixed, or of whatever
nature or kind and wheresoever the same may be or whereof I shall in any ways
be possessed or interested in at the time of my death unto the Honourable Simon Taylor of the Parish
of St. Andrew in the County of Surry and Island aforesaid, Esquire, James Fairlie and Mungo Fairlie of Ayrshire in that part of
the United Kingdom of Great Britain and Ireland called Scotland, Esquires, John Orr, William Allan and Thomas
Heslop of the City and Parish of
Kingston in the County of Surry and Island aforesaid, Esquires, and the
survivor of them, their heirs, executors, administrators and assigns, of such
survivor according to the nature and quality of my said Estate, upon the Trusts
and to and for the several uses, intents, and purposes hereinafter mentioned,
expressed and declared of and concerning the same, that is to say, upon trust that they the said Simon Taylor, James Fairlie and Mungo Fairlie, John Orr, William Allan
and Thomas Heslop, or the survivors,
or survivor of them, or the heirs, executors, administrators or assigns of such
survivor, do and shall with all convenient speed after my decease or at such
time thereafter as may be most and proper for the benefit of the several
persons hereinafter named, sell, dispose of and convey all and singular, my
said Estate, either entirely or in parcels, by public sale or auction or
private contract, unto any person or persons who shall be willing to become the
purchaser or purchasers of any part thereof for the most money that can be
gotten for the same, and do and shall for that purpose make, sign, seal,
deliver and execute all such deed, conveyance and ……in the law as they the said
Simon Taylor, James Fairlie, Mungo
Fairlie, John Orr, William Allan and
Thomas Heslop, or the survivors or survivor, shall think fit. And I do hereby declare my Will to be that,
upon payment of the money to arise from such sale or sales or any part or parts
thereof, it shall and may be lawful to and for the said Simon Taylor, James Fairlie, Mungo Fairlie, John Orr, William Allan and Thomas Heslop and the survivor or survivors
of them, and the heirs, executors, administrators and assigns of such survivor
to give and sign any receipt or receipts for the money to arise by such sale or
sales, which receipt or receipts shall be good and sufficient discharge or
discharges to any purchase or purchases……or the respective heirs, executors, or
administrators and assigns for so much of the said purchase money as shall be
known, expressed, or acknowledged to be received, and such purchaser or
purchasers, his, hers or their respective heirs, executors, administrators or
assigns shall not afterwards be obliged to see to the application of such
purchase money, or accountable for the loss, misappropriation or
non-application thereof, or any part thereof respectively, and my will is and I
do hereby direct that the said Simon
Taylor, James Fairlie, Mungo Fairlie, John Orr, William Allan and Thomas Heslop and the survivors or
survivor of them, and their heirs,
executors, administrators and assigns of such survivor shall stand possessed of
or interested in the monies to arise and sale or sales, respectively as
aforesaid for the several trusts and for the several interests and purposes
hereinafter mentioned and contained of any containing the same, that is to say
that they the said Simon Taylor, James
Fairlie, Mungo Fairlie, John Orr, William Allan and Thomas Heslop and the survivors and survivor of them, and their
heirs, executors, administrators and assigns of such survivor, do and shall, in
the first place, out of the monies to arise from such sale or sales fully pay
off, satisfy and discharge all my just debts and funeral expenses and from and
after such full payment and satisfaction thereof, upon trust that they my said
Trustees and the survivors or survivor of
them, and the heirs, executors administrators and assigns of such survivor, do
and shall of their own proper authority and of their own discretion lay out and
invest the residue of the money to arise by such sale or sales of aforesaid, in
the Public Funds or Stocks or in other Government Security of and in Great
Britain at Interest to be from time to time called in, altered and varied by
them as occasion shall require, in which case the receipt or receipts of my
said Trustees shall be a good and sufficient discharge or discharges for so much
of the said money so called in as shall be therein expressed or acknowledged to
be received, and the person or persons paying in the same his, her or their
heirs, executors administrators or assigns shall not be obliged to see to the
application of such money, or accountable for any loss, misappropriation or
non-application thereof, or of any part thereof respectively and this further
trust that they my said Trustees, and their survivors or survivor of them, and
their heirs, executors, administrators and assigns of such survivor do and
shall pay the Interest and yearly
Dividends and produce of all and every such sum of money as shall arise
from such sale or sales as aforesaid as and where the same Interest, Dividend
and Produce shall become due and payable, and as the same shall be accrued unto my dearly beloved MOTHER, Margaret Clark of that part of
the said United Kingdom of Great Britain and Ireland called Scotland, widow,
for and during the term of her natural life and to and for her sole, separate use,
benefit, and behoof, and from and after the decease of my said mother then upon
trust that they my said Trustees and their survivors or survivor of them, and
the heirs, executors, administrators and assigns of such survivors do and shall
with all convenient speed after her decease call in and collect the monies so
to be invested as aforesaid and in so doing the receipt or receipts of my said
Trustees, or their survivors, or
survivor of them, or their executors, administrators or assigns of such survivor
shall be a good and sufficient discharge or discharges for the same and that
they my said Trustees and the survivors or survivor of them and the heirs,
executors and assigns of such survivor do and shall from time to time and as
soon as such monies shall be called in collected and received, pay over,
distribute the same and every part thereof unto and among my BROTHERS and SISTERS, Patrick Clark, Agnes Clark, David Clark,
James Clark, Margaret Clark, Jean Clark, Elizabeth Janett Clark, William
Fairlie Clark, and Patricia Clark, and my COUSINS James Fairlie and Sarah Fairlie, the son and daughter of my
aforenamed Trustee James Fairlie, or such of them as shall be alive at the
death of my said Mother, in equal shares and proportions, and to the children
of such of my said Brothers and Sisters and Cousins as may have died,
respectively the part or share of the Parent to be equally distributed between
his or her respective children if more than one. If only one, then to such only child. And my further will and desire is until my
Trustees aforesaid shall be able to sell and dispose of my said real, personal,
and mixed Estate, and invest the monies to arise therefrom as aforesaid, that
they my said Trustees and the survivors and survivor or them, and the heirs, executors,
administrators and assigns of survivor do and shall in the meantime after
payment and satisfaction of my debts and funeral expenses, permit and suffer my
said mother to receive, take and enjoy her………and profits of my real estate and
the Interest to arise or accrue from my personal estate to and for her sole
use, benefit and behoof. And lastly, I
do hereby nominate, constitute and appoint the said Simon Taylor, James Fairlie, Mungo Fairlie, John Orr, William Allan and Thomas Heslop EXECUTORS of my Will,
hereby revoking and making void all other Wills by me at any time heretofore
made. In Witness whereof I the said John
Clark have to this my last Will and Testament contained in four sheets of paper
set my hand to the first three sheets thereof and my hand and Seal to the
fourth and last sheet thereof, this third day of October in the year of our
Lord, 1811. John Clark
Signed,
sealed published and declared by the Testator John Clark as and for his last
Will and Testament in the presence of us…..at his request and in his presence
and in the presence of each other have subscribed our names as Witnesses
hereto…
John
Falconer F. Matthews J. H. Henderson
Jamaica
Ss
I, the within named
John Clark, by this my Codicil to the foregoing Will and Testament do
hereby confirm the same, and in addition to the Trustees and Executors therein
named, hereby nominate, constitute and appoint William Fairlie of the City
of London, Esquire, William Morgan
and Robert Ochterlony of the City
and Parish of Kingston and Island aforesaid, Esquires, Trustees and Executors
aforesaid with as full powers as if
they had been originally named in my said Will.
Witness my hand this 23rd day of April, 1813. John
Clark
Witness:
Nish
Laishmere Fred’k Matthews J. H. Henderson
MEMORANDUM. J. Clark to his Executors, after paying debts, watch and
seals, etc., and any trinkets to his mother and Silver Mugs, George, the
property of James Fairlie, Esq’r to
be delivered to Ann and Fanny Fairlie George Cussans to be manumized on paying his purchase money,
about 50£ already paid, and his money given Mrs. L. Dufant a Negro Girl named
Lavinia at present with Capt. Morgan and by him sold over to me in 1809 for the
purpose of being manumized, I wish should be done, to Mrs. Louisa Dufant I wish
my Executors to allow her from my Estate what they may deem fit, to be
regulated according to the value of my Estate, so as enable her to live in
comfort, and any bed or table linen or furniture as she may wish delivered to
her. To my worthy and esteemed friends,
my Trustees, and Executors I regret my Estate cannot afford -- that means of leaving them a pledge of my sincere
friendship during life and I can only express my most fervent hope they may
enjoy uninterrupted health happiness and prosperity while it pleases the
Almighty to spare them.
J. Clark April 4, 1813
PROVED at London with two Codicils 21st October 1814
before the worshipful Samuel P Parson, Dr of Laws and Surrogate, by the Oath of
William Fairlie Esq. one of the Executors in first Codicil to whom
administration was granted limited until the original Will and Codicils of said
deceased, or a more authentic copy thereof shall be brought into and left in
the Registry of the Prerogative Court of Canterbury but no further or otherwise
having been sworn duly to Administer power reserved to James Fairlie, Mungo
Fairlie, William Morgan and Robert Ouchterlony in the Will written Ochterlony
Esq’res the other surviving Executors named in the said Will and Codicils
when they, or either of them shall apply for the same.
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1830—THE WILL OF PATRICK CLARK
(Brother of the above John Clark)
A
THIS IS THE LAST WILL and
Testament of me Patrick Clark of Elm Bank, County of Ayr. I give and bequeath in trust the whole of my
property real and personal to my Brother David
Clark of 43 Weymouth Street,
London, Lt. Col. James Clark of Sharo Hill, Ayrshire,
William Fairlie Clark (Me... … ) Calcutta,
and James H. Rodgers of Calcutta to hold the same and every part thereof upon
the several Trusts and for the following purposes ends and intents upon Trust
as soon as probate after my decease to (
… … ) all my property in whatever way appears most advantageous for my
Estate and after all my lawful debts are fully paid I will and bequeath to the
above mentioned Trustees the whole of my real and personal property in Trust
for the following purposes and intents.
Whereas by Contract of Marriage Four Hundred Pounds per annum is settled
upon Mrs. Margaret Clark annuity, Three Hundred Pounds for mourning and One
Thousand Pounds in lieu of furniture with Twelve Thousand Pounds for any
children there may be by such marriage.
The above sums I Will and to be secured for the purposes set forth in
the said Contract and by Deed of Trust of Date January 7th 1828 on …
… … has been settled and assigned to Trustees for the benefit of my sons John
David and James Mungo Clark and by another Deed of Trust dated July 3rd
1828 a further sum of Five Thousand pounds Sterling have been made over to
Trustees for the benefit of my four Sisters and to … at their death to my two
sons the said John David and James Mungo Clark or to the survivor as expressed
in the Deed. I will and bequeath to
Novia Bertony of Prince of Wales Island the mother of my two sons David Clark
and James Mungo Clark Thirty Spanish Dollars
per month to be paid to her monthly during her life and direct that the sum of
Eight Thousand Spanish Dollars or Two Thousand Pounds Sterling may be invested
to accrue her in that annuity and at her death the Principle of the above mentioned
Eight Thousand Spanish Dollars or Two Thousand Pounds Sterling be equally
divided between my two sons John David
and James Mungo Clark or to the
survivor if either should have died previous to the said Novia Bertony. I further leave the sum of Four Thousand
Pounds to be equally divided between my two sons John David and James Mungo
Clark on their attaining the age of Twenty Five and Clark of Elm Bank, County
of Ayr. I give and
bequeath in Trust the whole of my property, real and personal to my Brothers, David Clark of 43 Weymouth Street, London,
and Col. James Clark of Sharo Hill,
Ayrshire, William Fairlie Clark,
Merchant, Calcutta, and James H. Rodgers
of Calcutta, to
hold the same and every part thereof upon the several Trusts and for the
following purposes, ends, and intents. Upon Trust as soon as possible after by
decease to ………all my property in whatsoever way appears most advantageous for
my Estate and after all my lawful debts are fully paid, I will and bequeath to
the above mentioned Trustees the whole of my real and personal property in
Trust for the following purposes and intents.
Whereas by Contract of
marriage Four Hundred Pounds per annum is settled upon Mrs. Margaret Clark annuity, Three Hundred Pounds for mourning Cr
and with One Thousand Pounds in lieu of furniture Cr with Twelve Thousand
pounds for any children there may be of such marriage. The above sums I will be secured for the
purposes set forth in the said Contract and by Deed of Trust of Date January 9th,
1828 ……. has been settled and assigned to Trustees for the benefit of my sons John David and James Mungo Clark and by another Deed of Trust dated 3rd
of July, 1828 a further sum of Five Thousand Pounds Sterling have been made
over to Trustees for the benefit of my four Sisters and to move at their death to my two sons, the said John David and James Mungo
Clark or to the survivor as expressed in the Deed. I will and bequeath to Novia Bertony of Prince
Edward Island the Mother of my two sons John
David and James Mungo Clark, the
sum of Thirty Spanish Dollars per month to be paid to her monthly during her
life and direct that the sum Eight Thousand Spanish in the event of the death
of either, the whole to go to the survivor.
I will and bequeath to my Sisters, Agnes,
Margaret, Jean, and Elizabeth Janet,
the sum of Four Thousand Pounds Sterling to be equally divided between
them. I leave and bequeath to the four
daughters of my late Sister Mrs.
Patricia Rodgers the sum of Two Thousand Pounds Sterling to be equally
divided between them or to the survivor on being of age or married. I leave and bequeath to my Nephew Patrick Cheap Clark the sum of One
Thousand Pounds Sterling and to all the other children of my Brother William Fairlie Clark the sum of Five
Hundred Pounds Sterling to each. I will
and bequeath to my Nephew James Scott
Clark of Singapore,
the sum of Five Hundred Pounds Sterling.
I appoint David Clark, Esq.
and James H. Rodgers, Esq. to be
Guardians and Trustees for my sons John
David and James Mungo Clark until they attain the age of twenty five years at
which time they area to be put in possession of each his respective share of
money left to him with the Interest on it and no deduction made for any sums
that may have secured in my lifetime in forwarding them in the world and for
their personal expenses, I order those above mentioned Guardians and Trustees
in the event of my death before my son James
Mungo Clark goes to India that his education is charged to my estate with
passage and outfit for the voyage as was sent to his Brother and that
sufficient is allowed him for subsistence after reaching Calcutta till he can
be put a way to provide for himself, as has been done likewise to his Brother John David Clark. I leave and bequeath the residue of my
property to my Brothers, David Clark,
Lt. Col. James Clark and William Fairlie Clark to be equally
divided among them as far as Fifteen Thousand Pounds and any surplus to go to John David and James Mungo Clark provided there is no children by marriage and in
the event of my Estate amounting to Sixty Thousand Pounds, I give a further sum
of One Hundred Pounds per annum to my wife during her life and the Principal of
that sum to go to any child or children by her.
I will and bequeath of the money provided in the Contract of Marriage to
go to my sons John David and James Mungo Clark, share and share
alike or to the survivor, and the remainder to be equally divided between my
Brothers David Clark and Lt. Col. James Clark and William Fairlie Clark. In
Witness of this my last Will and Testament I have hereto set my hand and
seal this Eleventh Day of July, One Thousand Eight Hundred and Twenty Eight in
the presence of Witnesses as under.
Pat Clark
Here to witness:
Geo Steer, George G. Alladice, I Duncan, J. Clark,
all of No. 9 Broad Street Building, London.
to Messrs Fairlie Bonham & Co.
B
DAVID CLARK, Esq. In the event of my death I direct Fifty
Pounds Sterling to be paid to Mrs. Jemima Sims now residing No. 27 Northumberland Street, New Road, but should
she leave it, her address may be obtained by the order I gave her on William
Fairlee, Esq. Witness the street for a
small yearly sum.
Pat Clark, London, July 8, 1828. Superscription ss David Clark Esq. Memorandum regarding my Will to be opened after
my death.
CODICIL to my Will of the
eleventh day of July, One Thousand Eight Hundred and Twenty Eight. Whereas considerable thought and attention
has taken place in the circumstances of my remaining Sisters by the death of my
Sister, Agnes Clark, named in the
said Will, I am therefore induced to will and direct that One Thousand Pounds
which former her share of the Four Thousand bequeathed to my Sisters, be paid
to my sons John David and James Mungo Clark in equal parts to
each or the whole to the survivor in the event of the death of either, and the
remaining Three Thousand Pounds bequeathed to my surviving Sisters, Margaret, Jean, and Elizabeth Jane,
shall likewise to the said John David
and James Mungo Clark in equal
shares, or the whole to the survivor in the event of the death of either
without issue, at the death of my above mentioned Sisters, the amount to remain
unbroken till the decease of the last those three, and in the event of either
of them having children, it is provided that sums of Three Thousand Pounds
shall go to the child or be divided share and share alike amongst the children
my said Sisters in addition to the Four Thousand Pounds bequeathed in my Will
to my sons John David and James Mungo Clark.
I further will and direct them to be paid the sum of Two Thousand in the
event of the decease of either, the said sum to go to the survivor provided the
deceased had no issue. I will and direct
that for every Ten Thousand Pounds above Sixty Thousand, my wife’s annuity may
be increased One Hundred Pounds per annum for her life and she continue
unmarried, but in the event of her making a second marriage, I direct that she
will not benefit by my Estate further than what the Contract of Marriage gives
her a right to. I further will that at my
decease she may be paid the sum inherited by her which was Eight Hundred Pounds
and that she may keep all the remaining furniture, plate, table and bed linens
which was taken by me on valuation at the time of our marriage and which
amount was paid to her Sister Stuart
Linderay all my other household property, plate, linen and of all
description must be sold which do not count under the terms of the Marriage
Contract except the Library of Books which I received from my Father and set of
China which was likewise his, I likewise leave to my brother David with the various burying places
in Glasgow, and in the event of his death before me, to go to Lt. Col. James Clark, and in failing
him, likewise before me to my other Brother William Fairlie Clark. I
will and bequeath the two silver pots which belonged to my brother John to be given to my sons John David and James Mungo Clark or to the survivor, and in the event of their
decease to be given to the eldest of my surviving Brothers. I have signed this Codicil on the fourteenth
of April, One Thousand Eight Hundred and Thirty without witnesses at No. 9
Broad Street Buildings, London,
and trust any informality may not render it void.
Pat Clark
In the Goods of Patrick
Clark, Esq., deceased/13th Dec. 1840
APPEARED PERSONALLY Charles
Copland of Broad Street Buildings, London, Gentleman, and James Duncan of the same place,
Gentleman, and jointly and severally made Oath that they knew and were well
acquainted with Patrick Clark, late
of Elm Bank in the County of Ayre in North Britain, deceased, for many years
before and to the time of his death and during such their acquaintance with him
have frequently seen him write and write and subscribe his name to writings,
and are thereby become well acquainted with his name and character of
handwriting and subscription and having now carefully reviewed and inspected
the paper writings hereunto annexed purporting to be and contain the last Will
and Testament with a Codicil thereto of the said deceased, that the will being
contained in two paper writings marked respectively with the letters A and B the said paper writing marked A beginning there “This is the last
Will and Testament of me Patrick Clark
of Elm Bank, County of Ayr” ending with “In witness of my last Will and Testament
I have hereunto set my hand and seal this eleventh day of July One Thousand
Eight Hundred Twenty Eight in the presence of witnesses as under” and being
there subscribed Pat Clark and
having the words being thus subscribed Pat
Clark and having the words “possible after”…………………………..[The rest is a line by line inspection of the Will and Codicil, and the
two men conclude and affirm that it really was a genuine document, and thus it
was proved, but it is of no concern to our immediate need, so I leave it
un-transcribed. David B. Clark]
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1854.
The Will of Lt. Col. James Clark
(Brother of the above John Clark)
W. AYR. The twenty-third day of January
Eighteen Hundred and Fifty Four years.
In presence of Archibold Bell Esquire
Advocate Sheriff of the County of Ay appeared James Morton, Esquire writer in Ayr as Narator for Lieutenant Colonel James Clark after
named, and designed and gave in the Trust Disposition and settlement in the
Sheriff Court Books of said County conform to clause of….contained, which
desire the said ….. found reasonable and … to be … whereof the … follows:
I LIEUTENANT COLONEL JAMES CLARK of
Sharo Hill in the Parish of Riccarton having resolved to exercise the
settlement underwritten to ….. in the event of my death, I hereby give, grant,
assign and dispose, to and in favour of, my Sisters Jean Clark and Elizabeth
Janet Clark of Elm Bank, James
Herbert Rodgers Esquire of Elmslie, James
Fairlie Esquire of Holmes and James
Dunlop Esquire of Annanhill or the acceptors or acceptor, survivors or
survivor of them, the major part accepting and surviving at the time being
always a quorum of Trustees for the purposes after mentioned and to their …..
and assigns all and sundry lands and heritages, bonds …….and after debts and
sum of money and in general the Real Estate and Effects heretable and moveable,
real and personal, of what kind or whatsoever or wheresoever situate presently
belonging or which shall pertain and belong to me at the time of my decease,
together with the whole vouchers and instructions … with titles and securities
of and …. my said estate and effects
generally above conveyed and all that has followed or may be competent to
follow thereon. And I bind and oblige me
and my foresaids to invest and … the said Trustees and their foresaids in the
whole land and heritages generally above disposed requiring investment and for
their purpose to make, grant, distribute and deliver all deeds requisite and
necessary for fully vesting premises in their persons with power to my said Trustees
to .. into possession of the said trust, Estate and Effects to call due for
uplift and receive the writs, mails and duties and Interest and annual profits
arising from the same and to grant discharges therefore, but declaring always
that those presents are granted in trust for uses, ends and purposes after
mentioned. In the first place for payment of all my just and lawful debts …
and funeral charges. In the second place I direct my said
Trustees immediately after my decease to deliver to Charles Clark, son of my late Brother, David Clark, the plate, gold watch and chain and seal which
belonged to his late father, and also to deliver to my Nephew John Erskine Clark, oldest surviving
son of my Brother, William Fairlie Clark,
and failing him to the next brother who may be alive at the time, the set of
table chinaware and library of books formerly belonging to my father, also two
silver quart mugs which belonged to my deceased Brother, John. Also the vault number Fifty Seven B in
Marylebourne church, London, and the burial
places in the North West Churchyard and College Churchyard in Glasgow belonging to our family. In the
third place, I direct my said Trustees to make payment of the following
legacies at the first term of Whitsunday or Martinmas which shall happen after
my death, and also of my other legacies which I may bequeath, direct to be paid
by any writing under my hand, namely to David
Clark, son of James Scott Clark
of Singapore to assist in his education the sum of Two Hundred Pounds Sterling,
to John Robert Esquire of New Carodish Street, London, the sum of Five
Hundred Pounds, or such sum as shall be equivalent to but not to exceed one
share of the residue of my Estate which divided as after provided to be applied
by him as he shall think best for the benefit of Mrs. John Hoard Rice. Also
to my faithful servant James Wilson, One Hundred Pounds Sterling, and to Joan
Chalmers Fifty Pounds Sterling, and to George Brown Fifty Pounds Sterling, and
to the Clergyman for the time being of the Parish of Riccarton for distribution
among the poor people in the Parish of Riccarton as he shall select, Ten Pounds
Sterling. And lastly I direct my said Trustees after my who property shall be
realized, and the above or any other legacies which I may leave as aforesaid
are paid, to divide the remainder and residue of my whole Estate equally among
the following persons share and share alike, declaring that if any of them
shall die leaving lawful issue before the trust funds shall be divided, such
issue shall be entitled to succeed to
their father or mother’s share, namely, Margaret
Clark and the said Jean Clark
and Elizabeth Clark my sisters, the
said John Erskine Clark, Alured James Clark and William Fairlie Clark my nephews and
son of the said deceased William Fairlie
Clark, Isabella Agnes Clark, Margaret Grace Clark, and Emma Georgianna Clark my nieces and
daughter of the said deceased William
Fairlie Clark, Margaret Rodgers,
Sarah Rodgers, Elizabeth Rodgers and Agnes
Rodgers my nieces and daughters of the said James Herbert Rodgers, and the said Charles Clark, son of my brother the said David Clark. And I do hereby give full power to my said Trustees or
the survivor or survivors of them foresaid to sell and dispose of the whole of
my Estate and Effects hereby conveyed, and that either by public coup or
private bargain as to them shall seem proper and to grant all necessary deeds
and conveyances to the purchasers. And I
hereby give full powers to my said Trustees or the survivors or survivor of
them to add and assume any other person or persons to be a Trustee or Trustees
to act along with them in the management of the promises and who shall have the
same powers as if named and appointed by myself. And it is hereby declared that the said
Trustees shall not be liable for omissions or neglect of management nor …. …..
And I hereby nominate and appoint my said Trustees above named and the
survivors or survivor of them and those who may be assumed as aforesaid to be
my sole EXECUTORS and Intromitters with my moveable means and estate and I
hereby revoke all former settlements and dispositions made my me and reserve
full power to alter or revoke these presents as I may see proper, disposing
with the delivery thereof and declaring the same to be valid and effectual although
found in my Repositories or in the custody of any person to whom I may have
entrusted the same for my behoof at the time of my death. And I consent to the Registration thereof in
the Books of Council and … or other Books competent therein to remain for
preservation and thereto constitute James Martin, writer in Ayr my Narrators,
In Witness thereof I have subscribed these presents written upon this and the
two previous pages of stamped paper by James Hamilton Clerk to George Douglas and Alexander Hamilton, writers, in
Kilmarnock, the Eighteen day of November Eighteen Hundred and Forty Six years,
before those witnesses the said George Douglas and James Hamilton.
Signed,
J. Clark George
Douglas, Witness, James
Hamilton, Witness.