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 % 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-

 

Page 758

 

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

 

Page 759

 

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

 

Page 760

 

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

 

Page 761

 

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

 

Page 762

 

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