Andrew Fergus, father of James Fergus

 

Fergus

Andrew

01/11/1862

residing at Shawton in parish of Glassford, spouse of Christian Hamilton Fergus

Trust Disposition and Settlement

Glasgow Sheriff Court Wills

SC36/51/44

 

 

Page 1

 

Fergus

 

1st November 1862.

 

Know all men by these presents that I Andrew Fergus residing at Shawton in the Parish of Glassford and County of Lanark being resolved to settle the succession to my means and estates so as to prevent all disputes amongst my family & relatives regarding the same after my decease have therefore in the first place under the burdens and conditions power and faculty after mentioned assigned disponed conveyed and made over from me after my death to and in favor of Andrew Fergus my third son whom failing without lawful issue to William Fergus my fifth son whom failing without lawful issue to James Fergus my eldest son and whom also failing without such issue to my two sons Robert Fergus and Charles Fergus equally share and share alike and to the lawful heirs and assignees whomsoever of such of my sons as may succeed to the subject's hereby conveyed  All and whole those houses built upon part of the lands of Easter Balgrochan which belonged to William Boyle portioner of Balgrochan with the yards thereto belonging sometime possessed by John McGilchrist tenant therein as the said house and yard are bounded on the north by the yard belonging to the said Andrew Fergus on the south by the houses now or sometime possessed by the said William Boyle on the west by the road leading to Dumfernhill and on the East by the road leading to the house of my deceased Father Andrew Fergus  Reserving always to William Miller ________ full liberty and privilege to himself his heirs and successors to

 

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plant ladders for thatching rebuilding and repairing the said houses which belonged to him also liberty of always keeping open a drain for carrying off the rain water falling from the said houses the said drain being no farther out than it was at the date of the disposition granted by the said William Boyle in favour of my said father which liberties and privileges were by the said Disposition declared to be real burdens affecting the said subjects and were appointed to be inserted in the Instrument of Sasine to follow upon said Disposition together with the liberties & & privileges of winning  Coal through the five Merk land and half Merk land of Carleston and Easter & Wester Balgrochan and all commodities belonging thereto conform to use and wont in proportion to the lands before described which subjects are parts and portions of All and Whole that six shilling and eight penny land of Easter Balgrochan of old possessed by Memgo Stirling within the Barony of Mugdock parish of Campsie & shire of Stirling which six shilling and eight penny land is the said Mungo Stirling's third part of that twenty shilling land of the twenty six shilling and eight penny land of Easter Balgrochan originally feued by James Earl thereafter Marquis of Montrose with consent of his Curators to the said Mungo Stirling William McHdoownie and Richard Turner Feuants therein equally betwixt them by Feu Contract dated the 17th day of April 1630 and the 15th day of February 1631 which subjects are described in the Disposition and Settlement of my said deceased father Andrew

 

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Fergus in my favor dated the 26th day of January 1820 as follows vizt&  All and Haill the houses and yards purchased by the said deceased Andrew Fergus from he said William Boyle conform to Disposition dated he 31st day of May 1802 bounded as follows namely by the property belonging to James Hendersons heirs on the south the road leading from the high road over Drumfarmhill to the Craig's upon the East the yard belonging to John Buckie on the North and the road leading from the high road to John Buckies house on the east parts Secundo All and Whole these three acres of land or thereby reserved from the subjects sold by my said deceased father Andrew Fergus to John Buckie conform to Disposition Dated the 30th day of November 1802 and 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 high road to Easter Balgrochan Farm houses on the east and which three acres of land and others are parts and portions of All and Whole the six shilling and eight penny land of old extent of the Town & lands of Easter Balgorchan with the pertments which belonged to my said deceased father lying in the parish of Campsie and shire of Stirling Together with all heritable right title of right or other right or title whatever which I my authors and predecessors had might or could claim to the said subjects or to any part or portion thereof  But this conveyance in favour of my said Disponees is granted and to be accepted of by them under the following

 

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burdens which are hereby declared to be real liens and burdens affecting he said subjects Vizt.  First under the burden of the payment to my spouse Christine Hamilton or Fergus of a free liferent annuity of 6 Sterling during all the days and years of her life after my decease payable at two terms of the year Martinmas and Whitsunday in equal portions and beginning the first payment at the first of these terms that shall happen next after my decease with the lawful interest of each of the said termly payments from the time the same becomes due till paid also a proportional part of the said Annuity from the day of my death till the first terms payment  As also that my said spouse shall be entitled during her lifetime to the use and possession of the two east rooms and Garrets above the same lately repaired by my deceased brother Robert Fergus residing at Balgrochan in the parish of Campsie and shire of Stirling aforesaid forming part of my said property of Easter Balgrochan should she require the same with the coal house at the back thereof and two falls of the south garden ground in front of the house with privilege to use the well and middenstead also in front of the house Declaring that my said Disponees shall be bound and obliged to keep the house so to be occupied by my said spouse well thatched and in proper repair during her lifetime  Farther that should my said spouse choose not to inhabit said house and premises but to reside elsewhere my said Disponees shall be bound and obliged to pay her the sum of

 

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3. 10s. yearly for that purpose during her lifetime after such time as she shall intimate to them her intention to do so  And that in addition to the annuity before provided for her  Secondly under the burden of making payment to my said son William of the sum of 100 Sterling at the death of the said Christian Hamilton or Fergus my spouse she being entitled to draw from such of my said Disponees as shall be in possession of the heritable subjects hereby specially conveyed  And burdened legal interest for the said sum for the maintenance education & clothing of the said William Fergus untill he shall arrive at the years of majority but should he arrive at that age previous to the death of my said spouse he shall be entitled to draw one half of said sum from my said disponees to enable him to commence trade and my said spouse shall be entitled to interest upon the other half during her lifetime said interest in either event to be payable at two terms in the year Martinmas & Whitsunday in equal portions and beginning the first payment of said interest at the first of these terms which shall happen next after my decease  Thirdly under the burden of the payment to my son James Fergus presently in the United States of America of the sum of 20 Sterling upon obtaining a legal discharge from him therefor and that immediately after my decease should he be then in Scotland but declaring that said sum shall not bear interest whatever length of time may intervene before the same is claimed by him  Lastly under the burden of the payment to each of my sons Robert Fergus

 

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and Charles Fergus of the sum of ten shillings Sterling immediately after my decease  In the Second place I hereby Assign Convey and Make over from me after my decease to and in favour of the said Christian Hamilton or Fergus my spouse my whole right and interest in and to a tach of the lands of Shawton under which I presently possess said Lands entered into betwixt my deceased brother Robert Fergus before designed of date the ___________ day of __________ for he period thereof yet to run or for such other period as the same may be extended to by any Tack or Missives of Tack to be entered into betwixt the Trustees Nominated in my said brothers deed of Settlement and me agreeably to the directions in his deed of Settlement together with the said Tack itself & whole clauses therein contained and all right title & interest which I have or can pretend thereto but always under the burden of the Tack duty and performance of the whole other piestations exigible by the Tack presently existing or by any other Tack that may be current relative to said lands at the time of my death with full power and liberty to her to enter into possession of said subjects under said Tack immediately after my death as also dispose of the farm stock thereon and to use and enjoy during her lifetime the plenishing and moveable property of every description thereon including the pump and churning mill which were erected at my expense  Together also with the liferent use and enjoyment of the whole furniture effects and other

 

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moveable property of whatever kind excepting as after mentioned possessed or held by me in the Dwelling house and offices connected with said lands of Shawton in the same manner and as freely as I could have done myself while in life but that in liferent always and during her lifetime alternately and declaring that the said Tack and moveable means and estate now conveyed to her shall not be assignable by her  And failing the said Christian Hamilton or Fergus by decease to my said son William Fergus to whom in that event I hereby Assign & Convey the same under the conditions as to payment of the Tack duty and piestations exigible from me above referred to whom also failing to the said Andrew Fergus my third son  But Declaring that the said William Fergus or Andrew Fergus should either of them succeed to said to said [sic] moveable property shall be bound to deliver their mothers chest of Drawers & chairs with her bed and body linens and clothes to Helen Hamilton dughter [sic] of Hugh Hamilton portioner of Dykehole parish of Kilbride and County of Lanark and that as soon as may be after the decease of my said spouse  In the third place I hereby Give Grant Assign Dispone and Make over from me after my death to and in favour of the said Hugh Hamilton Hugh Hamilton Junior his son residing with him William William Angus Portioner Carlston parish of Campsie and shire of Stirling and the said Christian Hamilton or Fergus and the survivors or survivor of those accepting the majority of the survivors

 

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so accepting being a quorum with power to such majority to assume such other persons into the management as they may see fit but the whole persons acting not to exceed four in number and the majority still to be a quorum as Trustees and Executors for the management of my remaining means not herein before specially conveyed and that for the ends uses and purposed after mentioned & to their assignees  All and Sundry the whole residue and remainder of the lands adjudications reversions tacks and other heritable subjects not specially before disponed together with all debts sums of money heritable and moveable goods gear and moveable effects of whatever description pertaining and belonging or which shall pertain and belong to me at the time of my death so far as not specially conveyed as aforesaid with the whole documents and instructions thereof and all that has followed or can follow thereon  Dispensing with the generality hereof and declaring these presents to be equally valid & effectual as if every particular of my said subjects & property were herein specially enumerated  But in trust always and for the ends uses and purposes following  First that from the readiest of my moveable estate and money in my possession at the time of my death my said Trustees shall pay all my debts sickbed and funeral charges but said funeral charges shall not exceed the sum of 32. Sterling and in the event of their not being a sufficiency offrends remaining to defray said charges after making payment and provision for the

 

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liferent right and legacies above provided then the whole of my disponees above named shall suffer a proportionable abatement from their said provisions for payment thereof  Secondly I appoint my Trustees to lend out or secure in such manner as they shall consider proper the sum of 100 Sterling due to me by the said Hugh Hamilton Senior of Dykehole in favour of my said son William Fergus to whom I hereby Leave and Bequest the said sum accordingly with interest due thereon at the time of my death under this special provision and Appointment that the interest due and to become due thereon until he shall arrive at said age shall be paid to my said spouse Christian Hamilton or Fergus the better to assist her in maintaining educating & clothing him  And I appoint my said Trustees and the survivors or survivor of them accepting and their assignees as aforesaid to be Tutors and Curators to my said son William Fergus should he be in pupillarity or minority at the time of my death  Thirdly failing the said William Fergus by his predeceasing me or dying before he arrives at the years of majority I appoint my Trustees to pay the said sum of 100 now bequeathed to him as aforesaid or to transfer any security they may hold therefor to and in favour of my other sons who may be then alive equally share and share alike at their expense  Thirdly [sic] I appoint that my silver spoons and any gold articles belonging to me shall be divided equally according to the discretion of a majority of my Trustees accepting between my said sons Andrew & William Fergus  Which Dispositions & Assignations under the burdens restrictions & provisions foresaid in favour of my spouse and sons above named are hereby declared to be in full to them of all legal provisions terce jris relictae or bairus part of year and of every other claim legal or conventional which they or either of them should make against my estate after my death any manner of way  And the said Christian Hamilton or Fergus hereby accepts of the above provisions in her favour in full of all claims competent to her or her heirs or successors from my heritable or moveable estate  And in token of her having done so she subscribes along with me these presents  Farther I expressly declare that should any of my family interested in this Settlement attempt to go to law or to quarrel with one another regarding the terms of these presents or the terms of any Codicil to be annexed hereto such person shall be and is hereby excluded from the provisions intended for him or her and the benefit of these provisions shall be divided amongst the other persons interested therein  But declaring that in case of a difference of opinion between my heirs and successors they may enter into submissions regarding he same to the Professor of Law in Glasgow College or other fit person whose decision shall be final  Moreover I hereby Nominate and Appoint my said Trustees to be my only executors and Intromitters with my moveable means & estate before conveyed to them for he purpose foresaid with

 

Page 11

 

power to give up Inventories and confirm the same in usual form  Declaring that they shall not be liable for omissions or to diligence or for one another but each only for his own actual intromissions  And in these terms I Bind & Oblige myself and my heirs and successors to infeft and seize the said Andrew Fergus whom failing the said William Fergus whom failing he said James Fergus whom also failing he said Robert Fergus and Charles Fergus and their foresaids according to their respective rights and interests in the subject's before disponed under the burdens and conditions above written and those expressed in the title deeds thereto upon their own proper charges and expenses and that by two several infeftruments or manners of holding one thereof to be holden of me and my heirs and successors in free Clench for payment of a penny Scots at the term of Whitsunday yearly if asked only or from me and my foresaids of and under our immediate lawful superiors of the same respectively by the same tenure and for payment and performance of the same duties and services and as freely in all respects as I hold or might hold the same and that either by resignation or confirmation or both the one without prejudice or the other and for accomplishing which infeftment by resignation I hereby make and Constitute

                                                      And each of them jointly and severally my lawful and irrevocable procurators for me and in my name to Resign and surrender upgive overgive and deliver all

 

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and whole the foresaid houses and yards lying bounded and described as aforesaid and three acres of ground before described and here held as repeated brevitatis causa but always with and under the privilege burdens and real heirs aforesaid and also under he burdens contained in the titles thereto  In the hands of my immediate superiors or their commissioners in their names  In favour and for new infeftment to be made given and granted to my said disponees and their foresaids according to their respective rights and interests in due and competent form acts instruments & documents upon the premises to ask and take and generally every thing to do which any procurator could do in the like case  And I hereby Assign and Convey to my said Disponees the Rents and maills and duties Writings title deeds and securities of the said subjects with warrandice from fact and deed only  Reserving always to myself not only my own liferent use of the whole subjects heritable and moveable before conveyed with full power and faculty at any time of my life and even on deathbed to alter umovate or cancel these presents in whole or in part or to burden or affect the sense as I may see proper  And I dispense with the delivery hereof and declare these presents though found lying by me or in the custody of any other person undelivered at my decease to be as valid as if delivered during my lifetime any law or practice to the contrary

 

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notwithstanding  And I consent to the Registration hereof in the Books of Council & Session or others competent therein to remain for preservation and Constitute

                                                               Procurators and to the end said Andrew Fergus whom failing the said William Fergus whom failing the said James Fergus whom also failing the said Robert Fergus and Charles Fergus and there foresaids may be more readily infift and seized according to their respective rights and interests in the subjects before conveyed  I hereby desire and require you

                           and each of you my Baillies in that part hereby specially constituted jointly & severally that on sight hereof ye pass to the ground of the subjects before described and there give and deliver to my said disponees and their foresaids according to their respective rights and interests heritable state and Sasine real actual and corporal possession of All and Haill the houses and yards with the three acres of land or thereby before disponed all parts of the lands of Easter Balgrochan lying bounded and described as aforesaid and her held as repeated brevitatis causa  But always under the express conditions burdens declarations and real liens herein before expressed and the conditions and declarations expressed in my title deeds thereto and that by delivering to my said disponees according to their said rights and interests & their foresaids or to their certain attorney or

 

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attornies in their names bearers hereof earth & stone of and upon the ground of the said subjects and all other Symbols usual and requisite  The which to do I commit to you full power by this my precept of Sasine directed to you for hat purpose  In Witness whereof I have subscribed these presents written upon this and the six preceeding pages of stamped paper by Charles Rankine Writer in Glasgow  And I the said Christian Hamilton or Fergus in token of my consent to accept of the provisions before written have also Subscribed the same  At Glasgow the 9th day of June 1841 years before these Witnesses Peter McBryde Sheriff Officer in Glasgow Thomas Govern Spirit Dealer there the said Charles Rankine Writer hereof and Thomas Donald Writer in Glasgow (signed) Andrew Fergus – By virtue of Special Mandate from Christine Hamilton or Fergus before named and designed consenter to the foregoing Disposition and Deed of Settlement who declares she cannot write never having been taught but who has heard the same read over and in token of her willingness to subscribe the same if she could has touched and delivered the pen to each of us William Mayne Notaries Public & co notaries in the premises we have subscribed the same in presence of the Witnesses above named and designed (signed) veritas Wm D Barclay N. P Zuae Attestor Wm Mayne N. P. P McBride Witness Thos Govern Witness Chas Rankine Witness Tho Donald Witness---

 


Codicil [continued in different ink on the same line as above]

 

I Andrew Fergus

 

Page 15

 

residing at Shawton with the consent of Christine Hamilton or Fergus my spouse In virtue of the reserved powers and faculties contained in my Disposition and Deed of Settlement within written bearing date the 9th day of June 1841. years  Do hereby revoke the provision in favor of my wife within written and in place thereof I Do hereby Legate and Bequeath to the said Christian Hamilton Fergus my spouse the sum of 300 Sterling and payable to her at the first term after my death and also I leave and Bequeath to her the whole stock crop cows [cour?] and farming and dairy utensils and all articles of plenishing and my body clothes but these articles are hereby Bequeathed to her in liferent and after my said wifes death whatever residue there may be of my or my wifes subject shall fall and belong to William Fergus my son whom we spouses hereby appoint to be our residuary legatee and the said William Fergus to pay all my and my wifes lawful debts and funeral expenses and the within legacy of 100 Stg Bequeathed to William Fergus my son is also hereby revoked and the annuity of three pounds ten shillings Sterling payable by the within mentioned Andrew Fergus to my wife is also hereby revoked  But Declaring that failing William Fergus my son and without leaving lawful heirs of his body what belongs to him and falling under these presents and within Deed of Settlement shall fall and belong to our sons Robert Fergus Andrew Fergus and Charles Fergus equally among them share and share alike and to their heirs and

 

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Executors  But declaring that these present shall noways infer a revocation of the other parts of the within deed but that the same shall stand in full force with this alteration and addition thereto and we consent to the registration hereof for preservation  In Witness Whereof these presents written by James Thomson Writer in Strathaven are subscribed by me at Shawton Cottage this 22nd day of November 1851 years  Before these Witnesses Hugh Hamilton Junior residing at Dykehole and John Hamilton residing in Chapelton (signed) Andrew Fergus Christian Hamilton Hugh Hamilton Jr Witness John Hamilton Witness.---

 

[in margin -- Minute of Declinature – then continuing on same line as above]

 

We Hugh Hamilton Senior Hugh Hamilton Junior and William Angus all within designed do hereby decline to act as Trustees or Executors under the within written Disposition & Settlement of the now deceased Andrew Fergus and consent to the registration of this declinature along with the said Disposition and Settlement in terms of the clause of registration therein written  In Witness Whereof this declinature written by John Barrie Writer in Strathaven Is subscribed as follows viz& by me the said William Angus at Carlston Campsie the 12th day of July 1862 years before these Witnesses William Simpson Farmer and James Simpson farm Servant both at Carlston foresaid and by us the said Hugh Hamilton Senior and Hugh Hamilton Junior both at Dykehole East Kilbride the sixteenth day of said Month of July  and year last mentioned before these Witnesses John Hamilton Farmer Dykehole & residing at Chapleton and

 

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Hugh Hamilton Farm Servant residing at Dykehole (signed) Hugh Hamilton Hugh Hamilton Jr William Angus John Hamilton Witness Hugh Hamilton Witness William Simpson Witness James Simpson Witness. -----

 

 


Fergus

Andrew

01/11/1862

residing at Shawton Cottage in the parish of Glassford, widow is Christian Hamilton or Fergus

Inventory

Glasgow Sheriff Court Inventories

SC36/48/49

 

 

Pages 138-139

 

Fergus

    -10s-

At Glasgow 1 November 1962 compared John Barrie Writer Strathaven & gave in the Inventory to be recorded whereof the Tenor follows: -

Inventory of the personal Estate & Effects wherever situated which belonged to the Deceased Andrew Fergus residing at Shawton Cottage Parish of Glassford at the time of the death which happened at Shawton Cottage foresaid on the 23 day of January 1862 yrs

1. Household furniture & other effects belonging to the Deceased conform to Appraisement by William Wyatt Licensed Appraiser in Strathaven                                    25- 7-6

2. Amount of a Deposit Receipt by the Royal Bank of Scotland at Strathaven in favor of Deceased dated 30th October 1861 for                                                        

6- 4-5

Interest due thereon till date of affidavit hereto

- - 2-5    6- 6-10

3. Amount of a Deposit Receipt by the Royal Bank of Scotland at Strathaven in favor of Deceased dated 25th July 1861 for                                                        

12- -  -

Interest due thereon till date of affidavit hereto                                                

- - 6 -   12- 6- -

4. Debt due to the Deceased upon the following documents: -

(1.) Bill drawn by the Deceased upon & accepted by Robert Hamilton of Shawton Glassford dated 24 June 1861 payable three days after date for           

20 - - - -

Interest due thereon till date of Affidavit hereto                                        

1 -1 -2    21- 1-2

(2.) Bill drawn by the Deceased upon & accepted by William Hamilton Smith in Chapelton dated 17th January 1860 payable three days after date for

15 - - - -

Interest due thereon till date of affidavit hereto

1 -1 -1     16 -1 -1

Amount of Estate in Scotland

81- 2-7

At Strathaven the 23rd day of October, 1862 years: In presence of John Barrie Writer in Strathaven Commissioner appointed by Alexander Stratheon Esq Commissary Depute of the Commissariat of Lanarkshire on the application of Christian Hamilton Fergus residing at Shawton parish of Glassford Widow of & solo accepting Executrix of the said Deceased Andrew Fergus who being solemnly sworn & examined. Deposes that the said Andrew Fergus died at Shawton Cottage foresaid on the 23rd day of January 1862 years and Deponent has entered upon the possession & management of the Deceased's Estate as solo accepting Executrix nominated by him (along with Hugh Hamilton portioner Dykehole East Kilbride

Confd 3 Nov 1862  Hugh Hamilton Junr his son residing with him and William Angus portioner Carlston parish of Campsie who all declined to accept of the office of Executors) in a Disposition and Deed of Settlement executed by him upon the 9th day of June 1841 with Codicil thereto dated 22nd day of November 1851 years

That the Deponent does not know of any Testamentary Settlement or writing relative to the disposal of the deceased personal Estate or Effects or any part thereof other than the said Deposition & Settlement: That the Inventory written on the two preceding pages and which is signed by the Deponent & the said Commissioner as relative hereto is a full & complete Inventory of the personal Estate & Effects of the said deceased Andrew Fergus wheresoever situated & belonging or due to him beneficially at the time of his death insofar as the same has come to the Deponents knowledge : and that the said Estate situated in Scotland is of the value of 20 & under the value of 100 : All which is truth as the Deponent shall answer to God: And the Deponent further declares that she cannot write. (signed) Christian Fergus her+mark

Confd  John Barrie Commr