Andrew Fergus, younger brother of James Fergus
Fergus
Andrew
18/07/1898
Farmer, Strutherhead, Parish of
Avondale, d. 08/02/1898 at Strutherhead, testate
Hamilton Sheriff Court
SC37/42/13
Page 756
Fergus
Stamp Duty
£ 36. 8. 7
At Hamilton the Eighth day of July Eighteen hundred and ninety eight Compeared J. & J. Barrie, Writers, Strathaven who gave in the Inventory and Extract Registered Trust Disposition and Settlement after insert to be recorded and whereof the tenor follows: Inventory of the Personal or Moveable Estate and Effects wheresoever situated of the late Andrew Fergus, Farmer, residing at Strutherhead, in the Parish of Avondale, Lanarkshire, who died at Strutherhead aforesaid on the Eighth day of February 1898
I. Scotland
Page 757
1. Amount realized for furniture sold
0. 15. 0
2. Bill for £800 by Andrew Semple
Farmer Midlinbank Avondale in favor of deceased dated 25th May
1895
£800
Interest from Whity 1897 to date
of death at 3 ½% less tax
19. 19. 0 819. 19. 0
3. Balance of £500 legacy left to
deceased under the Will of the late Robert Fergus of Strutherhead less £20 paid
to account on 20th October 1897 and £15 of Legacy & Succession
Duty
465. 0. 0
Gross Total Amount of Personal
Estate
£1285. 14. 0
(Signed) John Barrie
( " ) James Martin J.P.
At Strathaven, the Fourth day of July Eighteen Hundred and Ninety eight In presence of James Martin Esquire One of Her Majesty's Justices of the Peace for the County of Lanark Appeared John Barrie Writer in Strathaven who being solemnly sworn and examined, Depones : That the said Andrew Fergus Farmer residing at Strutherhead in the parish of Avondale died at Strutherhead aforesaid upon the Eighth day of February Eighteen Hundred and Ninety eight domiciled in the County of Lanark in Scotland that the Deponent is sole Trustee under Trust Disposition and Settle-
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ment granted by the said Andrew
Fergus in his favor as Trustee foresaid whom failing James Barrie, Writer,
Strathaven dated 25th Jun 1894 and recorded (B of C & S) on 9th
February 1898 that the Deponent has entered upon the possession and management
of the deceased's estate as Trustee foresaid. That the Deponent does not know
of any testamentary settlement or writing relative to the disposal of the
deceased's personal or moveable estate or effects, or any part thereof other
than that before mentioned That
the foregoing Inventory, signed by the Deponent and the said Justice of Peace
is a full and complete Inventory of the personal or moveable estate and effects
of the said deceased wheresoever situated and belonging or due to him
beneficially at the time of his death, in so far as the same has come to the
Deponent's knowledge. That the amount of Estate Duty (and interest thereon)
payable upon this Inventory, as particularly shewn in the Statement for Estate
Duty and summary annexed hereto, is paid to the Commissioners of Inland
Revenue, conform to the receipt upon page No 1 hereof. That confirmation of the
personal or moveable estate in Scotland is required all which is truth as the
Deponent shall answer to God (Signed) John Barrie James Martin J.P. The Estate £128. 5. 14/- Debts £66. 18. 1 Net Total £1218. 15. 11
Follows the
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Tenor of the Extract Registered
Trust Disposition and Settlement before referred to at Edinburgh the Ninth day
of February One thousand eight hundred and ninety eight the Deed hereinafter
engrossed was presented for registration in the Books of he Lords of Council
and Session for preservation and is registered in the said Books as follows:- I
Andrew Fergus, Farmer Strutherhead Avondale for the settlement of the
succession to my means and estate do hereby dispone and make over to John
Barrie Writer Strathaven whom failing James Barrie Writer there as Trustee for
the purposes after mentioned all and sundry the whole means and estate
heritable and moveable of every kind and wheresoever situate that shall belong
to me at the time of my decease including therein all means and estate over
which I have powers of disposal by will or otherwise together with the writs
and vouchers of the same and further I nominate the said John Barrie whom
failing the said James Barrie to be my sole executor and also to be Tutor and
Curator to such of the beneficiaries under this Settlement and any Codicils
thereto as may be in pupillarity or minority at and after my death but these
presents are granted in Trust for the following purposes vizt (First) for
payment of all my just and lawful
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debts sickbed and funeral
expenses Secondly I direct my
Trustees to pay the following legacies vizt (first) to Andrew Fergus son of my
brother german James Fergus Montana United States of America and his executors
the sum of Two Hundred pounds (Second) to my said brothers three daughters each
the sum of Fifty pounds & failing them their respective executors (third)
to Andrew Fergus son of my half brother William Fergus Montana foresaid and his
executors the sum of Two hundred pounds (fourth) to William Meikle son of Hugh
Meikle Avondale the sum of Twenty five pounds and (fifth) to the Ashley Down
Orphanage (George Mullers) Bristol the sum of Fifty pounds and (Sixth) to
Zuarriers Orphan Homes of Scotland a like sum of Fifty pounds which legacies
shall be payable at the first term of Whitsunday or Martinmas occurring six months
after my death and (Lastly) I direct my trustee to pay over the whole rest and
residue of my said means and estate to the Treasurer of the Stockwell Orphanage
Clapham Road London funded by the late C. H. Spurgeon and to enable my trustee
to carry out the purposes of this Settlement and of any Codicils thereto in
addition to the powers possessed by trustees by virtue of statute or common law
I confer on him power to sell my heritable estate by
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public coup or private bargain
and also power to act as law agent and factor for the trust and to take payment
out of the trust funds the same remuneration for services rendered which he
would have received had he no been a trustee any rule of law or equity to the
contrary notwithstanding and I reserve my own liferent and I dispense with
delivery and I consent to the registration hereof and of any Codicils hereto
for preservation In Witness Whereof these presents together with the marginal
addition consisting of the word "Fifty" all written by John Barrie Writer
Strathaven are (under the declaration that the words "one hundred" on
the thirty second line are deleted (subscribed by me at Strutherhaead foresaid
on the Twenty fifth day of June eighteen hundred and ninety four before these
witnesses Robert Fergus Farmer Struthaven and George Lammie Shepherd Chapel
Cottage Avondale (Signed) Andrew Fergus Robert Fergus Witness George Lammie
Witness Extracted from the
Register of Deeds & in the Books of Council and Session on this and the
four preceding pages by me Principal Keeper of said Register (Signed) Alex
Forbes Strathaven 4th July 1898 This is the Extract Registered Disposition and Settlement
referred to in the oath appended to the
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Inventory of the Estate of the deceased Andrew Fergus above designed which is signed of this date as relative thereto (Signed) John Barrie James Martin J.P. Written by Simon K. Bell