Testament Dative qua
Trustees and Executors
of deceased John Clugston Esq
Sworn above the value of two hundred pounds and under the value of three hundred pounds
The Duplicate hereof written upon a 15 May
The Testament Dative que trustees and Executors & Inventory of the Goods Gear Debts Sums of Money and other moveable means and effects which pertained & belonged and were due and addebted to the deceased John Clugston Esq Collector of His Majesty’s Customs at the Port of Stranraer at the time of the death which happened upon the ______ day of ______ last faithfully made up and given down by John Hathorn of Castlewigg Esq James Barrie Esq residing in Stranraer Patrick Mackennal Esq there and Alexander Wheel Writer there Executors qua Trustees of the said Defunct conform to a trust disposition & settlement executed by him on the Thirtyfirst day of December last and recorded in the Commissary Court Books of Wigtown the Nineteenth day of March also last decerned & admitted as such to him by the Commissary principal of the Commissariot of Wigtown upon the Tenth day of April last and of
which trust Disposition and Settlement the tenor follows:
“Know all Men by these presents that I John Clugston Collector of His Majesty’s Customs at the Port of Stranraer have alienated disponed and assigned and do hereby alienate dispone and assign from me any Heirs and Successors to and in favor of John Hathorn of Castlewigg Esq James Boure Esq residing in Stranraer, Patrick MacKennal Esq there and Alexander Wheel Writer in Stranraer and to the survivor or survivors of them the Major part alive and accepting at the time being always a quorum as Trustees for the uses and purposes aforementioned all and sundry Lands Heritages Annulments Houses Tenements Debts and Sums of Money heritable and moveable Crop Sticking Furniture Books plate Bank notes money and the General my whole means and Estate heritable and moveable of whatever nature of denormination or wherever situated presently belonging or which shall belong to me at the time of my Death together with the whole Vouchers and instructions of the said Debts and the writs and evidents of my heritable Estate dispensing with the generally hereof and declaring that any particulare right and disposition to my said Trustees of my said Heritable Estate which I may hereafter make shall be deemed and taken as apart hereof and that any Inventory to be hereafter made
& subscribed by me of my said personal Estate shall be also taken as apart hereof to exclude the necessity of Confirmation Further I do hereby bind and oblige me and my Heirs and Successors to insest and sease my said Trustees above named and their majority in the whole Lands and Heritages above disponed requiring Insestiment to be holden either a me or de me and for that purpose to make grant subscribe and deliver to the said Trustees or their Majority all necessary Deeds with procuratories of Resignation Precepts of Sasine and all clauses necessary for fully Vesting the premissses in their persons with power to them or their Majority to pursue for receive and discharge the Debts and effects hereby disponed and generally to do every other thing in relation to the premisses which I might have done granting hereof and I do further nominate and appoint the said Trustees or the Majprity afousaid to be my Executors and universal Legators and Intromittors with my moveable Estate with power to exsrede confirmations and all other Titles that may be necessary – But which whole subjects heritable and moveable above
4) above disponsed and to which the Trustees are appointed Executors are conveyed in trust always for the uses and purposes and under the conditions and reservation aforementioned viz.
In the first place my said Trustees shall satisfy and pay all my just and lawful Debts with my funeral charges and the exsrence of executing this trust.
In the second place I appoint my said Trustees to pay to _______ Clugstons at Bluehill my natural Daughter by Elizabeth Nielson at Newton Stewart Twenty pounds Sterling on her Marriage provided it is approved of by the said John Hathorn.
In the third place the commander of the said Estates heritable and moveable hereby
conveyed shall be managers and preserved by my said Trustees for the use and behood of my natural son Alexander Clugston presently residing with me in Stranraer and applies in manner following that to say said my said Trustees and their Majoriry foresaid who are hereby appointed Tutors and Curators to the said Alexander Clugston during his Minority with all the powers and priveledges of these offices shall set aparita proper yearly sum during the Minority of the said Alexander Clugston for his board Cloths Education & Books enlarging and proportioning the same according to what may appear to them to be proper and giving him in as far as they may conceive it to be right an allowance for his pocket expenses and with a Discresionary power to my said Trustees even during the Minority of the said Alexander Clugston if they or a Majority of them think it eligible to lay out a part of even the whole of the Trust funds in fitting out and establishing him in business or imputting him into such a line of life as the Majority of my said Trustees shall approve. And on his
arriving at Majority my said Trustees shall account to him for their Intromissions with the trust Estate and they shall pay over to him whatever balance may then be remaining in their hands and at the same time redes frone the heritable subjects vested in them and recovering whatever grounds of Debt may be then standing in their persons they being always entitled to retention of the Debts paid off by them and whole experiences of management and of all the provisions which they may
have to pay in Execution of this trust and they shall be further entitled to relief of all the engagements they may have come under in the management hereof. And in the fourth place in case the said Alexander Clugston shall happen to die before his arriving at Majority or before the trust funds shall be exhausted for his behoof
I do hereby appoint my said Trustees or their Majority foresaid to lend out the Trust funds or such previt thece of as shall remain unexhausted upon such Securities as they may Judge proper and to pray over the Annuulrents or yearly profits thereof to Miss Margaret Clugston my Sister and that yearly from the Death of the said Alexander Clugston during all the days of her natural life.
And upon the death of the said Miss Margaret Clugston I hereby appoint my said Trustees to account reconvey & redispone in manner above written to and in favor of Mrs Barbara Shaw Spouse of Charles Shaw Writer in Ayr and to her Heirs and assigness whomsoever heritable and irredeemably they being always entitled
to retention & relief in manner above mentioned. And further that my said Trustees may be encouraged to accept of the trust hereby committed to them I declare that they shall not be liable for neglect ommision or diligence of any kind nor shall they be liable singuli in solidum but each only his own personal Intromissions. And they shall be not farther liable for any factor they appoint which they are here: by authoritiesed to do them theil they shall be habit and resptute responsible at the time of entering at the time of entering on their office.
Reserving always my own life rent of the premisses and a faculty to innovate alter or revoke this deed but declaring that so far as not altered the same shall the valid and effectual even though undelivered at the time of my Death with the not delivery whereof I hereby dispense. And I consent to the Registration hereof in the Books of Council and Session or others competent that Letters of Horning on Six days Srage and all other necessary execution may pass hereon in common form and for that purpose I constitute
my Prorst moreover I hereby desire & require you jointly and severally my Baillies in that part hereby specially constituted that on sight hereof ye pass to the grounds of the several heritable subjects in which I shall Die Insest and there give and deliver heritable State and Sasine real actual & Corporal Possession to my said Trustees and to the Survivors or Survivor of them of all and whole the said Heritabl subjects as the same may be described in the different rights thereof and that by delivering to the said Trustees or their Attorney or Attornies in their names of Earth and Stone of the Grounds of the said several subjects and all Symbols usual and necessary and this in noways ye leave undone which to do I commit to you and each you full power by this my Precept of Sasine directed to you for that effect. In witness whereof these presents written upon this and the (the) two preceding Pages of Stamped Paper by James Baird Writer in Stranraer for Alexander Wheel
Writer there are subscrited by me on each Page at Stranraer the Thirty First day of December Eighteen Hundred and four years before these Witnesses William Cargo Surgeon in Stranraer and the said James Cavid / signed John Clugston, William Cargo Witness James Cavid Witness.”
Inventory of the Goods, Gear, Debts, Sums of Money and other moveable means and effects which pertained & belonged and were due and addebted to the said Deceased John Clugson Esq the time of his decease aforesaid given down upon Oath by the said Alexander Wheel one of the Executors and actor for the other Trustees at Stranraer the Thirtieth day of April last before William Kerr Esq one of the present Baillies of the Burgh of Stranraer Commissioner appointed by the said Commissary for taking the said Oath Imprimis the sum of Two hundred and twenty four pounds Three shillings and ten pence sterling being
the amount of the Sales of the Defuncts Effects coutred by these Executors.
Item seven pounds Sterling as the value of a Metal Watch, a Snuff Box, Silver Screw, and Fourteen yards of Linnen remaining in the hands of the Executors which to the best of their knowledge were worth about the sum of seven pounds sterling.
Item Eight pounds Twelve Shillings Sterling as the value of a bow belonging to the Defunct and disposed of by the Executors
Item Eighteen pounds Eighteen Shillings being Cash found in the Defuncts Repositories at Inven carrying his effects.
Amounting together the foresaid sums to two hundred and fifty eight pounds thirteen Shillings & tenpence Sterling.
The only other articles mentioned in the Inventory of the Defunct’s moveable Estate were a Seal the property of Major William Maxwell younger of Monreille claimed by and delivered up to him. Twelve Chaves belonging to Wm Reid of Glasgow which were transmitted to him. A pair of Nutcrackers mislaid, some Honey, Jeely & Honey Comt given to the Housekeeper for her attention and assistance at the Sale. The Peells were used in the House to keep it from damp and the old Coat Wigg and Breeches were given to Andrew McCulloch for inviting the Collectors Funeral & assisting thereat and at the Sale.
Summa Inventarii — 258.13.10
I William W. Connell of Culbrae Commissary principal of the Commissariot of Wigtown Do hereby after one warning made by Edict openly as use is ratify approve of and confirm the forgoing Testament Dative qua Trustees and Executors and Inventory in the whole heads clauses and articles of the same in so far as truly made up and given down and hereby give and commit full power to the said John Hathern, James Boure, Patrick MacKennal and Alexander W Niel Executors qua Trustees aforesaid to intromit with uplift and receive & if needful to call follow and pursue for payment of the Sums of Money contained in the the said
12) Inventory and upon payment thereof Discharges and acquitances to grant which shall be sufficient to the Receivers & generally to do every other thing requisite & necessary in the premisses agreeable to the Land of this Realm because James Baird Writer in Stranraer, has become Cautioner conform to Bond of Caution given in there ascent In witness whereof there presents consisting of this and part of the preceding page are subscribed by me and the same with the ten preceding Pages are signed by my Clerk of Court at Wigtown the twenty fourth day of December one thousand eight hundred and five years.
Will W Connell