Transcribed by

 

Ian McCallum

 

Jim has not seen the original.

 

 

ANDREW FERGUS DISPOSITION 1831

 

 

At Stirling the fourth day of May 1832 the sasine under written being presented by Ebenezer Gentleman writer in Stirling is registered as follows.

In the name of God amen. Know all men by this public instrument of sasine, that upon the 31st day of March, in the year of our lord 1832, and of the reign of our sovereign William the fourth King of Great Britain and Ireland. The second year in presence of me Notary Public and of the witnesses subscribing.

Appeared John Buckie Junior residing in Easter Balgrochan. Known procurator and attorney for and in name and behalf of Andrew Fergus, eldest son of the deceased Andrew Fergus late portioner of Balgrochan in the parish of Campsie. And passed with us and Robert Fergus residing in Easter Balgrochan baillie in that part. Specially constituted by virtue of the precept of sasine, herein after inserted to the grounds of the lands and others after described. Said procurator having and holding in his hands first, an extract registrated disposition and settlement of the date after written and recorded in the sheriff court book of Lanarkshire at Glasgow, the first day of June 1831. Made and executed by the said deceased Andrew Fergus.

Whereby for the causes therein mentioned he gave, granted and heritabily assigned and disposed from him after his death to and in favour of the said Andrew Fergus his eldest son and his heirs and assignees whomsoever. ( the burdens and declarations) under the burdens and declarations therein and after mentioned. All and hail the houses and yards purchased by him the said deceased from William Boyle conform to dispositions dated the 31 day of May 1802 and which houses and yards are now bounded as follows.

 

By the property belonging to James Henderson’s heirs on the south. The road leading from the highroad over Drum Farm hill to the craigs upon the west. The yard belonging to John Buckie on the north. The road leading from the high road to John Buckie’s house on the east.

 

As also all and whole these three acres of land or thereby reserved from the subjects sold by him to John Buckie conform to dispositions dated the 13 day of November 1802 and are bounded by the lands of James Ferrie on the south. The lands of William Boyle on the west. The yard belonging to the heirs of James Henderson on the north, and by the road leading from the highroad to Easter Balgrochan farm houses on the east. All which houses, yards and land are part of the lands of Easter Balgrochan in the parish of Campsie and shire of Stirling. Together with all heritable right, title of right or other right and title whatever which he his authors and predecessors, heirs or successors had, might or could claim or pretend to the subjects sold or to any part or portion thereof.

But said conveyance was granted and to be accepted by the said Andrew Fergus Junior under the especial declaration  and condition that he should not attempt to reduce or set aside any part of the said deed and particularly the conveyance therein after written in favour of Robert Fergus second son of the said deceased Andrew Fergus on the head of death bed or other wise and he thereby declared that in the case of his attempting to do so the said disposition in his the said Andrew Fergus’s favour should be void and null and the property thereby conveyed to him should belong to the said Robert Fergus in terms of a disposition thereof formally granted him by the said deceased Andrew Fergus of date the 11th day of February 1812 which should in the event be as valid and effectual as if the disposition in favour of the said Andrew Fergus or any other disposition or revocation thereof had not been granted.

As also under the burden of the liferent to Ann Stewart wife of the said deceased Andrew Fergus during all the days and years of her life in case she survive him of the Easter House upon the lands above described, presently occupied by William Robb and John Anderson high and low with the yard on the north side of the said house extending as far west as the length of the house then possessed by the said deceased Andrew Fergus. Likewise of that part of the yard on the south being six yards west from the north end of the old hedge which runs straight into the west end of the said easter house. As also under the burden of the payment to his said wife Ann Stewart in the foresaid event of her surviving him of a free yearly annuity of two pounds Sterling during her life. Payable at two terms in the year, Whitsunday and Martinmas by equal potions with interest of each terms payment till paid beginning the first terms payment of the said annuity at the first of these terms that should occur after his decease.

As also under the burden of the payment to William Fergus his third son of the sum of one hundred pounds Sterling and to Charles Fergus his fourth son the sum of one hundred pounds Sterling which he thereby left and bequeathed to them respectively and appointed to be paid to them by the said Andrew Fergus within twelve months from the time of his decease with interest from that event. All which declarations, liferents and provisions were thereby declared real burdens affecting the foresaid conveyance to his said eldest son and as such were appointed to be enclosed in the instrument of sasine to follow thereon and the discharges thereof should be at his expense.

Second. An extract registered codicil annexed to the said disposition and settlement of date 9 day of February 1820 and recorded therewith as foresaid whereby the said deceased Andrew Fergus in addition thereto left and bequeathed to his said son Robert Fergus and the property so disposed to his eldest son Andrew was hereby further burdened with the payment of the sum of five hundred pounds Sterling to be paid by his son Andrew to his son Robert at any time in case the latter should find it necessary or proper to be  possessed of that sum or any part thereof in order to pay off any debt or debts he the said deceased Andrew Fergus might be owing but not otherwise. And he ordained that said addition and burden should be deemed a part of the said disposition in the same manner as if it were inserted therein and should also be inserted in the instrument to follow therein in favour of the said Andrew Fergus otherwise the same should be null and void.

Third. Another extract registered codicil annexed to the said disposition and settlement of date the 24 day of July 1822 and recorded as fore said. Whereby the causes therein mentioned the said deceased Andrew Fergus did revoke and recall the legacy or provision of one hundred pounds Sterling bequeathed to the said William Fergus and with which the conveyance to his son Andrew Fergus was burdened but that only to the extent of seventy pounds Sterling the said William Fergus being now entitled to the sum of thirty pounds Sterling in lieu and in full of all claims or provisions. And declared the said conveyance to be freed, loosed and disburdened of the said provision accordingly excepting to the extent of thirty pounds as before mentioned.

Fourth. Another extract registered codicil to said settlement, written on a separate stamped and dated the 8 day of February 1829 and recorded as fore said whereby the deceased Andrew Fergus in consideration of the death of the said Charles Fergus by which event the legacy to him has fallen and for the other causes therein mentioned left and bequeathed to the said Robert Fergus and his heirs, executors and assignees and the foresaid heritable conveyance to the said Andrew Fergus is burdened with the payment of the sum of One Hundred Pounds Sterling payable at the time in the manner and with the same declarations as to being a real burden and as to the expense of the discharge as are stated in regard to the foresaid legacy to his son Charles contained in his said settlement and as before narrated the present legacy to his son Robert and his foresaids being in lieu and coming precisely in place thereof. And he ordained that said codicil should be deemed a part of his disposition and settlement and of the said codicil.

 

As the said extract disposition and settlement and several codicils thereto containing obligation to infeft procuratory or resignation the precept of sasine after inserted and sundry other clauses in themselves more fully bears which extract disposition and settlement and codicils thereto the said procurator presented to the said bailie desiring him to proceed to the execution of the office of bailiary thereby committed to him which desire the said bailie finding to be reasonable he received into his hands the said several extracts, registered disposition and settlement, and codicils and delivered the same to me Notary Public to be read and published by me to the witnesses and others present which I accordingly did. And which precept of sasine contained in said disposition and settlement the tenor follows moreover to the end the said Andrew Fergus and Robert Fergus and there foresaid may be severally infeft and seized in the lands teinds subjects and others respectively before conveyed to them I hereby desire and require you…………………….and each of you my bailies in those parts hereby specially constituted jointly and severally that on sight here of ye pass to the open ground of the lands and others before described and disponed to the said Andrew Fergus and there give and deliver to the said Andrew Fergus and his foresaids heritable state and sasine real, actual and corporal possession of all and hail the houses and yards purchased by me from William Boyle as foresaid with the three acres of land or thereby reserved by me as foresaid all parts of the lands of Easter Balgrochan with the pertinents  lying bounded as described as foresaid and here held as repeated cause, but always under the especial conditions, burdens and declarations herein before expressed as applicable to the said Andrew Fergus and the property before conveyed to him also that ye pass to the grounds of the lands and others before described and dispone to the said Robert Fergus and there give and deliver to the said Robert Fergus and his foresaids heritable state and sasine real, actual and corporal possession of all and hail the foresaid room or mailing in Shawton with the houses, biggings, yards and all other and teinds great and small parsonage and vicarage and whole pertinents before described and disponed together with a proportional part of the desk and area in said church as aforesaid corresponding to said lands and here held as repeated cause. But always under the burdens and provisions here before written as applicable to the said Robert Fergus and the property herein before conveyed to him and payable there from and that by delivering to the said Andrew Fergus or his foresaids or their certain attorney or attorneys  in their name bearers here of earth and stone of and upon the lands conveyed to them a handful of grass and corn for the said teinds and all other symbols usual and necessary and this in no ways ye have undone  which to do I hereby commit to you my said bailies respectively full power by this my precept of sasine directed to you for that propose. In witness where of I have subscribed these presents written upon this and the six preceding pages of stamped paper by Robert Machray clerk to Elder Marshall, writers in Glasgow at Glasgow the 26 day of January 1820 before these witnesses. Declaring that the word superior between the fourth and fifth lines from the top of page fifth and the word between the seventh and eighth lines from the top of page sixth of these presents are interlined before subscription signed Andrew Fergus, John Marshall witness and Robert Machray witness.

After reading and publishing of which several extracts registered dispositions and settlements and codicils there to and of the precept of sasine contained in said disposition and settlement and above inserted the said bailie in virtue thereof and of the office of bailiary thereby committed to him gave and delivered to the said Andrew Fergus heritable state and sasine real, actual and corporal possession of all and hail the houses and yards purchased by the said deceased Andrew Fergus from William Boyle as fore said with the three acres of land reserved by him from the subjects sold to John Buckie as afore said all parts of the lands of Easter Balgrochan with the pertinents lying bounded as described as afore said and here held as repeated cause but always under the express conditions burdens and declarations here in before expressed. And that by delivering to the said procurator earth and stone of and upon the ground of the said lands and others and all other symbols usual and requisite and so did duly and validly infeft and seize him the said Andrew Fergus in the lands and others before described respectively and successfully conform to the said disposition and settlement and codicils there to in all points. Where upon and upon all and sundry the premises the said procurator asked and took instruments under the hands of me Notary Public. These things were said and done upon the ground and the said lands and others the day the month the year of our lord and kings reign respectively first above written betwixt the hours of two and four afternoon in presence of John Buckie Senior, farmer in East Balgrochan and Robert Lindsey, teacher in Glasgow.