Scotland Wills and Testaments

Details
Claims1

Source Citation: "Scotland Wills and Testaments".

Data

ID: S105
Source Index: 56

Page: 1917 Hotchkies, Mary (Wills and testaments Reference SC67/40/31, Stirling Sheriff Court )

AT EDINBURGH the twenty seventh day of January One thousand nine hundred and seventeen the Deed hereinafter engrossed was presented for registration in the Books of the lords of Council and Cession for preservation and is registered in the said Books as follows I MRS MARY CORBETT or HOTOHKIES, Widow of the late George Hotohkies, sometime Miner afterwards Grocer and Spirit Merchant, Carronshore near Falkirk in order to settle the succession to ray means and estate after my death do hereby Give, Grant, Assign and Dispone, to and in favor of the Reverend John Yellowlees, Minister of Carron United Free Church, and residing in Larbert, Henry Scott Cribnes, Medical Practitioner, Bells Dyke, Airth by Falkirk, Thomas Gibson, Solicitor, Falkirk and Thomas Callander Wade, Solicitor, Falkirk and to such other person or persons as I may hereafter name or as nay be assumed to act in the Trust hereby created whom all failing then to the nearest heir male of the last accepting and surviving Trustee who shall be major at the time (the major number accepting and surviving and resident in Great Britain for the time while more than two so accept survive and reside being always a quorum and the said Trustees named and to be named and assumed as aforesaid and their foresaids being throughout these presents denominated "My Trustees")and the acceptors and acceptor survivors and survivor of the persons hereby named or to be named or assumed as aforesaid as Trustees for executing the Trust hereby created All and Sundry lands and heritages and whole means estats and effects,.heritable and moveable, real and personal, of every description or wherever situated now belonging and addebted or which shall belong and be addebted to me or of which I shall have power of disposal at the time of my death together with the whole writs titles vouchers and instructions thereof with all that has followed or may be competent to follow thereon. And I nominate and appoint my Trustees to be my Executors or Executor But Declaring always that these presents are granted in Trust always for the ends uses and purposes following vizt;- (First) For My Trustees shall from the readiest of my means and estate pay all my just and lawful debts deathbed and funeral expenses and the expenses of executing this Trust (Seoond) My Trustees shall as soon as they conveniently can after my death dispone convey and make over to John Hotchkies, engineer, carron my son as his own absolute property the whole heritable property at Carronshore aforesaid belonging to me or which shall belong to me at the time of my death with entry at the first term of Whitsunday or Martinmas after my death but always with and under the whole burdens conditions provisions reservations declarations and others affecting the sane and subject to the whole leases or rights of possession of the tenants thereof and failing my said son John Hotchkies by his predeceasing me then the said heritable property at Carronshore shall fall into and be dealt with as part of the residue of my means and estate (Third) My Trustees shall as soon as they oonvenientiy oan after my death give and deliver to my daughter Jessie Hotchkies or Scobbie wife of James Scobbie, butoher, carronshore my piano and to my daughter Nellie Hotchkies or Duncan wife of John Dunoan, Farmer, Westerton, Bothkennar my Harmonium (Fourth) My Trustees shall as soon as they conveniently can after my death realise and convert into money the whole rest residue and remainder of my means estate and effects heritable and moveable real and personal and shall divide the whole free proceeds thereof equally among my whole children (including those of my children already mentioned) share and share alike; Declaring (1) that in the event of any of my said children dying before me leaving lawful issue such issue shall take equally among then the share whether original or derived by accretion as aformentioned which their parent would have taken had he or she survived and (2) That in the event of any of my said, children dying "before me without leaving lawful issue the share which would have fallen to him or her had he or die survived shall accresce to the survivors of the said children and the issue of predeceasers as above provided. And I hereby Declare that the while provisions hereby made in so far as in favor of or descending upon females shall be expressly exclusive of the jus marlti and right of administration of any husbands they may marry and shall not be affectable by the debts or deeds of such husbands or attachable by the diligence of their creditors; And I further declare that the foregoing provisions in favour of my children shall be deemed and taken to be in full satisfaction to them of legitim and executry and of all claims competent to them by and through my decease And in addition to the powers and privileges conferred on gratuitous Trustees by Act of Parliament or enjoyed by them at Common Law I empower my Trustees to sell all or any part of my lands and heritages means and estate heritable or moveable real or personal and that either by public roup or private bargain and with or without advertisement and at such price or prices as to them shall seem proper the purchaser or purchasers having no concern with the application of the price or prices Declaring that any of the beneficiaries under these presents nay be an offerer or offerers for or purchaser or purchasers of all or any part of my said lands and heritages means and estate including without prejudice to the generality any business or businesses in which I may be engaged or interested at the time of my decease. And I empower my Trustees to appoint any one of their own number or any other fit person or persons to be Factor or Law Agent or Factors or Law Agents in the Trust And to allow him or them the usual professional remuneration any law or practice to the contrary notwithstanding And I hereby Declare that ray Trustees shall be entitled to the fullest powers privileges and immunities usually conferred in such cases and according to the most liberal interpretation and particularly without prejudice to the generality I declare that they shall not be liable for omissions nor for the intromissions of any factor or Law Agents to be appointed by them nor for the securities on which they may lend out the Trust Funds, nor for any loss that may arise from the depreciation or failure of such securities And I reserve my own liferent and power to alter or revoke these presents at pleasure And I revoke all Settlements and testamentary writings made by me at any time heretofore And I dispense with the delivery hereof and consent to registration hereof for preservation IN WITNESS WHEREOF these presents written on this and the preceding page by John Crawford Davie, Clerk to T. & T Gibson & Wade writers to the Signet, Falkirk are (under the declaration that the word "thereof" occurring in the twenty seventh line of page first hereof and the word "and" occurring in the third line of this page were both deleted before subscription) subscribed by me at Falkirk on the thirtieth day of May Nineteen hundred and six before these witnesses the said John Crawford David and John Watson, Apprentice to the said T. & T. Gibson & Wade (Signed ) Mary Hotchkies J.O, Davie, Witness, Jno. Watson, Witness. WE THOMAS GIBSON, sometime Solicitor, Falkirk now retired and residing at Garthill there and Thomas Callander Wade, Solicitor, Falkirk, do hereby accept the offices of Trustee and Executor conferred upon us by the foregoing Trust Disposition and Settlement and I the Reverend John Yellowlees, Minister of Carron United Free Church and residing in Larbert do hereby decline the office of Trustee and Executor thereby conferred upon me IN WITNESS WHEREOF these presents written partly on this and partly on the preceding page by Helen Wilson Boyd, Typist to Messrs T. AT. Gibson and Aitchison, Writers to the Signet, Falkirk, are subscribed, as follows videlicet;- By me the said Reverend John Yellowlees at Larbert on the fifth day of January Nineteen hundred and seventeen before these witnesses James Murray Yellowlees Solicitor, Larbert and Mary Donaldson Simpson,Typist to Messrs R.M. A J.M. Yellowlees, Solicitors, Larbert and by us the said Thomas Gibson and Thomas Callander Wade both at Falkiik on the twenty sixth day of said month of January and year last mentioned before these witnesses the said Helen Wilson Boyd and Robert Hannah Menzies Clerk to the said T. & T. Gibson and Aitchison (Signed) Thos.Gibson, T. Callander Wade, John Yellowlees, Helen W. Boyd Witness, R.H. Menzies, Witness,James M. Yellowlees Witness, Mary D. Simpson,Witness. EXTRACTED from the Register of Deeds etc. in the Books of Council and Session on this and the five preceding pages by me Assisant keeper of said Register. (Signed) Robert D. Gray. FALKIRK 12th February, 1917. This is the Extract Trust Disposition and Settlement referred to in the Affidavit to the Inventory of the personal estate of the within designed Mrs Mary Corbett or Hotchkies emitted by me of even date herewith. (Signed) T. Callander Wade, (—"--) Thos. Gibson, N.P.

Events & Attributes

Person	Claim	Date	Detail	Age
Mary-Ann Corbet	Will	Feb 12, 1917	Extract for probate purposes from original will recorded in 1906. Most of Mary's property went to her son John with daughter Jessie getting her piano and Nelly her harmonium. (see full extract in Source Citation), Falkirk, Stirlingshire, Scotland [56] Claim is inconsistent with burial Claim is inconsistent with death