The will of John Clugston 1799-1855, father of Beatrice

This is a very verbose will. It’s long and tedious because he goes to great lengths to defeat the Scottish inheritance laws which make it difficult for women to inherit property. The most interesting features are that he declares his love for his wife and children, and that we learn quite a lot about the inheritance that Mary received from her father Duncan McKenzie. They were clearly a very wealthy family.

8th April 1836
We John Clugston Merchant in Glasgow residing at Avonbank Larkhall, and Mary Mackenzie of Clugston also residing at Avon Bank Spouse of the said John Clugston for the affection we have to each other and to our children & for Settling during our lives the Succession to our property means and Estate after our decease respectively, Do hereby with the Special Advice & Content of Beatrice Clugston & Mary McKenzie Clugston our daughter and only children Give Grant Assign Dispone Convey & Make over to & in favour of ourselves the said John Clugston & Mary McKenzie or Clugston Hugh Cogan Esq Merchant in Glasgow Alexander McDougall Ralston Esquire of Warmock Hill Ayrshire and William Cumming Esquire Merchamt in Glasgow & such other person or persons as me or the survivor of us may hereafter appoint by Writing under our hands or his or her hand end to end in favor of the acceptors & Survivors Acceptor & Survivor of us & them as Trustees and Trustee for the ends uses and purposes After Written the major number of us & them Accepting & Surviving from time to time being a quorum and to the onerous assignees or disponees of the said trustees or of the quorum survivors or survivor of them all and Sundry Lands Houses Tenements heriditements Heritable Bonds Dispositions in Security Mortages Adjudications Tacks heuses Goods Gear Sums of money Stock in trade and in General the Whole Subjects Assets estate property debts & Effects heritable & moveable real and personal now owing and belong and which shall at the time of our decease respectively be owing & belonging to us & each or either of use wherever Situated & of what kind of nature Soever with the rents interest and produce writings title deeds Securities Bonds Bills promissory notes Vouchers documents & instructions thereof with all action diligence & execution that may have followed or shall be Completed to follow thereon But excepting & Preserving from the disposition & Conveyance before written the sum of £1500 or the property or Subjects wherein the Sume has been or shall be invested held by & vested in the Trustees under the Antinuptial Contract of Marriage between us dated the 11th day of October 1826 & recorded in the Sheriff Court Books of Lanarkshire at Glasgow the 22nd day of August 1827 : And we hereby Bind & oblige ourselves respectively and our heirs & Successors whomsoever to grant and execute and deliver All Special Dispositions & other Deeds of Conveyanse & Assignment of the premises in favor of the said Trustee or Trustees and their foresaids unto Procuratories or resignation Precepts of Sasine & all other Clauses usual necessary or proper for fulfilment of the general Disposition & Conveyanse before Written And we hereby Sommate And Appoint the Survivor of us and the said Hugh Cogan, Alexander McDougall Ralston and William Cumming and the Survivors and Acceptors & Survivor Acceptor of us And them to be executors & Estimator of the first deceaser of us the said Hugh Cogan Alexander McDougall Ralston William Cumming & the Survivors Will Acceptors & Survivor & liccepor(sic!) of them to be executors and Executor of the last survivor of us & universal Intromitters and Intromitter with our moveable estates & Effects prespectively with power to give up Inventories thereof & Conform the same But Declaring Always as it is hereby Provided & Declared that these presents are granted and to be accepted of by the said Trustees And the Acceptors And Survivors Acceptor & Surivivor of them, In Trust for the ends uses and purposes after written Viz.

First to make payment of the expenses of Executing this Trust & to Apply our Respective Estates in payment of all the just and lawful debts and funeral charges dues by us respectively all or any of which we Authorise the said Trustees to Pay without putting the creditors to the expense of Legally Constituting the same trust in Particular to pay from the funds & Estate of me the said John Clugston to the trustees under the said Antinuptial Contract of Marriage between us the Sum of £215 in Case the same shall not have been paid myself during my life to enable to repay the Doctor James Wilson one of their number the same of the Same Amount paid by him on account of me the said John Clugston to the said Marriage Contact Trustee for investment along with the sum of £1500 Pounds belonging to me the said the Mary McKenzie or Clugston mentioned in the said Contract of Marriage & to be held in Trust for the purposes therein Written And declaring that the said Marriage Contract Trustees have been fully discharged by me the said John Clugston of all and every sum of Sums of Money which have been paid advanced ot lent by me to them prior to the dates of the presents

Secondly to Pay from the funds & Estate of me the said John Clugston to the said Mary McKenzie or Clugston my wife during her widowhood in case she shall survive me One Annuity of £50 Sterling in addition to the annuity of the same amount provided to her by the said Contract of Marriage & that during all the days of her Widowhood in equal portions at the two terms yearly and with interest and penalty and under the same Conditions and restriction all as specificed in the said Contract of Marriage with regard to the annuity thereby provided to her And to fullfil the other provisions in her favor in the the said Contract of Marriage.

Thirdly to pay or assign over to the said Mary Mackenzie or Clugston in case she shall survive me or permit her her to receive and discharge the legacies of £50 and £500 left or bequeathed to her by her deceased Father Duncan McKenzie So far as the same shall not have been paid to me during my life buf the resting owing at the date of my decease I the said John Clugston hereby renouncing & discharging all dannfure miniti or otherwise which I may have to the said two legacies or any part or parts thereof so far as the same may be resting owing at the date of my decease.

And Fourthly to hold for behoof of and to pay assign dispone and convey to and in favor of our Two Daughters the said Beatrice Clugston & May McKenzie Clugston equally between them or failing them to the children of any of their bodies respectively equally among them per Stripes that is to the children of each equally amonth them their Mothers Share or failing children of the first deceaser (to the first deceaser) to the survivor of our said Daughters the rest residue remainder & reversion of the whole subjects property Assets Estate debts and Effects heritable & moveable real and personal hereby Conveyed belonging to us & each or either of us. But Declining that the said Trustees shall during the lifetime & widowhood of me the said Mary McKenzie or Clugston retain set and Secure such sum or sums of money or such part of the estate heritable & moveable real and personal of me the said John Clugston as shall in the opinion of our said Trustees be necessary or proper And of which they shall be uncontrolled Judges for securing an Annual Income sufficient for payment of expenses of the Trust & of the said Two Annuities of Fifty Pounds each & Declaring that the shares of the said residue of out respective Estates shall Vest as at the date of our decease respectively subject to the burden of the said Annuities to me the said Mary McKenzie or Clugston in Case of my survivance & Declaring that in case of the decease of both of our said Daughters without leaving lawful issue surviving them then out said Trustees shall hold for behoof of and shall pay assign dispone and Convey to and in favor of the Survivor of us the rest residue remainder & reversion of the whole subjects property Assets estate debts and Effects heritable and moveable real & personal hereby Conveyed belonging to the first deceaser of us. & I the said Mary McKenzie of Clugston hereby with Consent of my said two Daughters Direct & Appoint the Trustees Acting & who shall Act under the said Antinuptial Contract of Marriage to pay over to the said John Clugston in case he shall survive me during all the days that he shall remain a Widower the Interest rents and other annual income and produce of the Sums Land Houses & other property and generally of the whole Trust funds held by or Vested in them the said Marriage Contract Trustees and for that purpose to Continue the trust under the said Contract of Marriage and retain the Houses Lands and other property and whole Trust funds until the decease of marriage of the said John Clugston and it is hereby Provided and Declared that the shares hereby held as well after as during the existence of the the Trust hereby created exclusive of the jus muriti Curatory or right of Administration of any Husband or Husbands the said Beatrice Clugston & Mary McKenzie Clugston or either of them may marry the same being hereby debarred & excluded. And we hereby Authorize and empower our said Trustees or Trustee as often as they he or she shall think fit to assume and Appoint by a writing under their his or her hand any person or persons they he or she shall judge proper to be Trustee or Trustees along with them and after their decease for executing the Purposes of this Trust and all & every such Assumed Trustee or Trustees shall be and are hereby Vested with the same powers to act in the management and execution of the Trust hereby created as if they or he had been hereni (sic!) named by ourselves Declaring that a majority of the accepting Trustees original and assumed & in life from time to time shall be a quorum. And we hereby Authorise & empower our said Trustees original & assumed from time to time to Appoint any one of their own number or any other person to be feretur under them for the general management of the Trust Affairs and to appoint new Agents under the Trust & to pay them or him from the funds of the Trust a reasonable renumeration or Commission and the regular professional fees for their or his trouble and services & to sue for receive & discharge and to recover and take possession of the whole subjects Estate property debts effects and sums of money heritable & moveable hereby Conveyed and if they shall deem it expedient but at their entire discretion to see dispoine & Convey the same in whole or in part by Public Roup or private Bargain at such prices as can be obtained & to receive & discharge the Prices as also to let an lease for such term or terms of years from time to time as they shall think fit the Bleaching Works at Avon Bank at the best rents that can be obtained for the same & on such terms & Conditions as they shall think proper and also to Borrow money upon the Security of the Trust Estate or any part thereof & to Grant execute & deliver all Discharges Renumerations Dispositions & Conveyances Bonds & Dispositios or Assignations in Security with powers of Sale in usual form and all writings necessary & proper with all usual & necessary Clauses & particularly with clauses binding us and our heirs respectively in absolue trearrandice as also to invest the Trust Funds in the government Funds or in the stocks of any of the Chartered Banks in Scotland or in Railway Debentures to lend with and Secure the same on heritable Security & to see the stocks and Delientures purchased & reinvested at the prices theerey or to charge the Securities on which the Trust Funds may be lent and to Cull up and of Sew to lend out the same upon other securities as they shall think expedient and we hereby declare that the receipts of our said Trustrees for the said debts and sums of money or for the prices of such parts of the said Subjects Estate & Effects hereby conveyed or of the said Stock & Delientures as shall be sold by them shall be sufficient to the person or persons paying the said debts sums of money or prices who shall have no Concern or right to interfere with the Application thereof but shall be obliged to pay the same to our said Trustees & shall not be responsibel for the non application or misapplication thereof and we also Authorise & Empower our said Trustees to settle by compromise or arbitration or opinion of Council All or any disputed debts of claims & all disputes & differences which may cause in the execution or management of the present Trust and we hereby Provide & Declare that the said Trustees & Executors herein named & to be hereafter named or assumed or any of them shall not be obliged to do diligence further than what they may think fit & shall not be liable for omissions or neglect of management or Singuli in Solidium but shall be liable each for his or her own actual intromissions only after deduction and retaining all necessary Expenses & disbursements in the premises as the same shall be ascertained by the account and solemn declaration of the Disburser while in life & by such account alone in case of death in place or all other proof and that they shall not be liable for the responisbility or sufficientcy of any Factors or by our Agents whom they may appoint or of ay Benk or Benkers with whom they may deposit the Trust funds or of any person or persons to whom or any Securities or Security upon which they may lend out or Stocks or Debentures in which they may invest the Trust funds further than that such Factors Agents Banks Bankers persons Securities or investments were reputed sufficient & responsible at the time of Appointment deposition lending or investment. And we hereby provide and Declare that the said Trustees and Executors herein named & who may be hereafter named or assumed or any of them shall have full power to resign the said Offices of Trustees and Executors (by Exectutors) by executing & recording in the Book of Council and Session a regularly attested Deed of Resignation of the said Offices which deed shall be executed and recorded at the expense of the said Trust and we dispense with the delivery hereof and declare there presents to be as effectual as a delivered Deed although found lying in the Custody of either of us or in the custody of any other person undelivered at the times of our deaths respectively ; But we hereby Reserve to ourselves and the Survivor of us our & each of our liferent use of the Premises and also reserve to us our & each of our selves jointly and to each of us seperately so far as concerns his or her own Estate property debts & Effects full power at any time and even on death bed to revoke or after in whole or in part or wholly to Cancel and Annul these presents as we & each or the survivor of us shall think fit ; And we consent to the Registration hereof in the Books of Council and Session or others Competent therein to remain for preservation & that all execution needful may pass hereon in form as affeirs and there to Constitute the said George Sellar Procurators : In Witness Whereof these presents written on this & the six preceding page of Stamped paper by Henry Campbell Thorburn Clerk to Matthew Montgomerie & John Park Fleming Writer in Glasgow are Subscribed by us the said John Clugston and Mary McKenzie or Clugston and by the said Beatrice Clugston & May McKenzie Clugston all at Glasgow the 29th day of December 1833 years before these Witnesses Hugh Wallace & John Wilson Cumming both Clerks to John Clugston and Company Manufacturers in Glasgow (Signed) J Clugston Mary McKenzie or Clugston Beatrice Clugston Mary McKenzie Clugston Hugh Wallace Witness John Wilson Cumming Witness.

Codicil

We John Clugston & Mary McKenzie or Clugston spouses named and designed in the Trust Disposition & Settlement before written. Do hereby with Consent of Beatrice Clugston & Mary McKenzie Clugston our Daughters Nominate & Appoint the Reverent William Buchem Minister of the Gospel at Hamilton, Thomas Watson residing in West Regent Street Glasgow & Robert ilimisie(?) residing in Florence Place Glasgow & the Acceptors and Survivors & Acceptor and Survivor of them to be Executors or Trustees or Executor and Trustee of us and each of us for executing the purposes of the Trust created by the Trust Disposition And Settlement before written along with the Trustees & Executors & Survivor of them and after the decease of the survivor with all the powers privileges and excemptions that conferred on the Trustees & Executors therein named Declareing that the major number of the Trustees & Executors named herein & in the said Trust Disposition & Settlement Accepting & Surviving from time to time shall be a quorum; and we consent to the Registration hereof along with the said Trust Disposition & Settlement. In Witness Whereof these presents written on stamped paper by William McLachlan Clerk to Matthew Montgomeris & John Park Fleming Writer in Glasgow are subscribed by us all at Avonbank the 20th day of March 1833 years before these Witnesses William Cumming Merchant in Glasgow and James Arnold Bleacher at Avonbank
signed John Clugston Mary MacKenzie or Clugston. Beatrice Clugston, Mary McKenzie Clugston Wm Cumming Witness James Arnold Witness

Recorded in the sheriff Court Books of Lanarkshire at Glasgow on the 23rd July 1855

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