Robert Fergus, younger brother of James Fergus

 

Fergus

Robert

10/12/1897

Strutherhead, Parish of Avondale, d. 20/05/1897 at Strutherhead, testate

Hamilton Sheriff Court

SC37/42/12

 

 

Page 750

 

Fergus

Stamp Duty

166. 3. 10

 

At Hamilton the Sixth day of December Eighteen hundred and ninety seven 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 Robert Fergus of Strutherhead, in the Parish of Avondale, Lanarkshire who died at Strutherhead aforesaid on the 20th day of May 1897.

I. Scotland

1. Cash in the House

3. 5 0

2. (1) Household furniture and other effects in the deceased's house conform to Appraisement per John Stewart Licensed valuator

4. 13. 0

    (2) Stock and Agricultural implements on deceased's farm conform

 

Page 751

 

To appraisement

169. 11. 0    174. 4. 0

3. Money in Bank

    (1) Amount of Deposit Receipt by the Bank of Scotland Strathaven, in favor of deceased dated 11th December 1895

100. 0. 0

Interest thereon to date of death of deceased at 2%

2. 17. 6   102. 17. 6

    (2) Amount of Deposit Receipt by the same Bank at Strathaven in favor of deceased dated 11th March 1897

220. 0. 0

Interest thereon to date of deceased's death at say 2%

0. 16. 10   220. 16. 10

4. Debts due to the deceased upon the following documents viz:-

   (1) Bill for 300 dated 16th May 1895 at 3 days date drawn by the deceased upon and accepted by Wm. Meikle, Farmer Chapel Avondale and Hugh Meikle Farmer Kypeside Lesmahagow

300. 0. 0

Interest thereon at 3% from Whity 1896 to date of deceased's death

9. 2. 5   309. 2. 5

   (2) Principal sum contained in Bond & Disposition in Security by Andrew Dykes of Saint Brydes Chapel then Farmer in Westhouse now of Raws Avondale, in favor of the

 

Page 752

 

deceased over the lands of Raws and others in the Parish of Avondale dated 11th and recorded in the Division of the General Register of Sasines applicable to the County of Lanark on the 15th day of November 1886 for

2000. 0. 0

Deduct the sum of 150 paid by the said Andrew Dykes to the deceased on 15th May 1896

150. 0. 0

1850. 0. 0

Interest due thereon @ 3% from Martinmas 1896 to date of deceased's death less tax

27. 18. 7   1877. 18. 7

   (3) Principal sum contained in Bond & Disposition in Security by Allan Lindsay sometime Farm Servant residing at Skeoch in the Parish of East Kilbride, now Farmer Carnduff East Kilbride, in favor of the deceased over house and garden at Cadermill Avondale, dated 24th and recorded in the said Division of the General Register of Sasines on the 26th days of August 1881 for 90 valued

 

Page 753

 

At

80. 0. 0

Interest due thereon from 15th May 1896 to date @ 5% less tax

4. 8. 2   84. 8. 2

   (4) Half year's rent of Chapel Cottage, Avondale, occupied by Alexander Torrance, Tenant from Martinmas 1896 to date of deceased's death

2. 10. 0

Gross total amount of Personal Estate

2775. 2. 6

(Signed) John Barrie

(    "     ) James Martin J.P.

At Strathaven, the first day of December Eighteen Hundred and Ninety seven  In presence of James Martin Esquire One of Her Majesty's Justices of the Peace for the County of Lanark Appeared John Barrie, Writer, Strathaven who being solemnly sworn and examined, Depones: That the said Robert Fergus of Strutherhead in the Parish of Avondale Lanarkshire died at Strutherhead foresaid upon the twentieth day of May Eighteen Hundred and Ninety seven domiciled in Lanarkshire in Scotland That the Deponent is sole Trustee under Trust Disposition and Settlement granted by the said Robert Fergus in his favor as Trustee foresaid whom failing James Barrie, Writer, Strathaven, and which Trust Disposition and Settlement is dated the 6th day of October 1894 & along with two relative Codicils dated respectively the 29th day of

 

Page 754

 

June 1895 and the 27th day of July 1896 registered in the Books of Council and Session on the 5th day of June 1897. That the Deponent has entered, upon the possession and management of the deceased's estate as Trustee foresaid. 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 these 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 amounting in value to 2775. 2. 6 is required. All which is truth as the Deponent shall answer to God. (Signed) John Barrie James Martin J.P. In Estate 2775. 2. 6

 

Page 755

 

H. [perhaps R.] Estate 3082. 3/. Debts 277. 3. 4 Net  Total 5580. 2. 2

                                             Follows the tenor of the Extract Registered Trust Disposition and Settlement and Codicils before referred to :- At Edinburgh the Fifth day of June One thousand eight hundred and ninety seven the Deed hereinafter engrossed was presented for registration in the Books of the Lords of Council and session for preservation and is registered in the said Books as follows :- I, Robert Fergus of Strutherhead, Avondale & residing there for the settlement of the succession to my means and estate do hereby Assign and Dispone to John Barrie Writer Strathaven whom failing James Barrie Writer there as Trustees in succession 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 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 and appoint 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 he bene-

 

Page 756

 

ficiaries 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 debts sickbed and funeral expenses and the expenses of every kind connected with the trust hereby created (Secondly) I direct my Trustees to pay the following legacies vizt. (First) To Andrew Fergus residing with me my brother the sum of Five hundred pounds which sum shall however be accepted by the said Andrew Fergus in full settlement of any claims he may have against me for wages or in any other manner whatever (Second) To Andrew Fergus son of my Brother german James Fergus, Montana United States of America, and his Executors the sum of Three Hundred and fifty pounds (Third) To the three daughters of my said brother James Fergus each the sum of One hundred pounds and failing them their respective Executors (Fourth) to Robert Fergus son of my half brother William Fergus Montana foresaid and his executors the sum of One hundred pounds (Fifth) To the other children of my said half brother each the sum of Fifty pounds whom failing to their

 

Page 757

 

respective Executors (Sixth) To the children of my Aunt _________ Bulloch or Galbraith who was a sister of my mother Agnes Bulloch or Fergus the sum of Two hundred and fifty pounds equally among them share and share alike whom failing to their respective Executors, (Seventh) To the West United Presbyterian Church Strathaven the sum of Two hundred pounds one half of which shall be applied to the China Missions and the other half to the foreign Missions connected with the United Presbyterian Church (Eighth) To the Reverend James Martin, Foreign Missionary late of West Dykes Avondale for the Missions under his charge the sum of One hundred pounds (Ninth) To the Zuarriers Orphan Homes of Scotland the sum of One hundred pounds. (Tenth) To the Ashley Downs Orphanages (George Muellers) Bristol the sum of One hundred pounds (Eleventh) To the Metropolitan Tabernacle (Spurgeous) London for behoof of the Baptist Foreign Missions the sum of One hundred pounds, (Twelfth) To the Orphanages Homes of Dr. Barnardo Loudon the sum of One hundred pounds (Thirteenth) To the Blind Asylum Glasgow he sum of Two hundred pounds; (Fourteenth) To the Deaf and Dumb Institution Glasgow he sum of Two hundred pounds (Fifteenth) To the

 

Page 758

 

Broomhill Homes for Incurables Glasgow the sum of Fifty pounds and (Sixteenth) To the West of Scotland National Bible Society the sum of One hundred pounds & (Seventeenth) To William Meihle Chapel Avondale the sum of Fifty pounds for kind services rendered to me and I declare and provide that a receipt granted by the Treasurer or Secretary of each of the above mentioned Societies for the above mentioned bequests shall be a sufficient discharge thereof payable said legacies and bequests at the first term of Whitsunday or Martinmas occurring six months after my decease with interest thereon thereafter till paid at the rate of four per cent and Lastly I direct my Trustees to pay over the whole rest and residue of my said means and estate to the whole children of my said brother James Fergus equally among them declaring that should any of them have predeceased me leaving lawful issue such issue shall be entitled equally among them to the share which their parent would have taken if in life and that should any of them have predeceased me without leaving lawful issue the share of such deceaser shall be divided equally among the survivors jointly with the issue of any who may have predeceased leaving lawful issue, such issue taking equally

 

Page 759

 

among them the share which their parent would have taken if in life  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 property by 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, of the same remuneration for services rendered which he would have received had he not been a trustee any rule of law or equity to the contrary notwithstanding : And I reserve my own liferent : And I dispense with delivery hereof : And I consent to the registration hereof and of any Codicils hereto for preservation. In Witness Whereof these presents consisting of this and the preceding page written by the said John Barrie Writer Strathaven are with the marginal addition on the second page to be read between the words "pound" and "and" on the eleventh line from the top of that page Subscribed by me at Strutherhead foresaid on the sixth day of October Eighteen hundred & ninety four before these witnesses Andrew Dykes of Raws Avondale and William Meikel [sic] son of and residing with Hugh Meikle

 

Page 760

 

Farmer, Chapel Avondale. (Signed) Robert Fergus, Andrew Dykes, Witness, William Meikle, Witness. I Robert Fergus within designed the granter of the foregoing Trust Disposition and Settlement do hereby recal [sic] the legacy of Fifty pounds in favor of William Meikle Chapel Avondale and in place thereof I direct my Trustees to pay a legacy of Fifty pounds to Mrs. Annie Simpson or Mair residing at 16 Great George Street Hillhead Glasgow in consideration of her services to me and my brother Andrew and in other respects I confirm the said Trust Disposition and Settlement  In Witness Whereof this Codicil written by John Barrie Writer Strathaven Is subscribed by me at Strutherhead on the twenty ninth day of June Eighteen hundred and ninety five before these witnesses John Cochran of Struther Avondale and William Wilson, Farm Grieve residing at Burnbrae Avondale (Signed) Robert Fergus, John Cochran, Witness, William Wilson, Witness. I Robert Fergus within designed the granter of the foregoing Trust Disposition and Settlement and the previous Codicil do hereby Direct my Trustees to pay a legacy of one hundred pounds to Robert and James Fergus twin children of my half Brother William Fergus within designed and that between them

 

Page 761

 

share and share alike payable at the same time as the other legacies and I hereby recall the Legacy of Fifty pounds provided by the previous Codicil in favor of Mrs. Annie Simpson or Mair residing at 16 Great George St. Hillhead Glasgow and in other respects I confirm the said Trust Disposition & Settlement  In Witness Whereof I have subscribed this Codicil written by John Barrie, Writer, Strathaven, at Strutherhead on the Twenty seventh day of July Eighteen hundred and ninety six before these Witnesses Andrew Fergus residing at Strutherhead and Mary Barr my Housekeeper (Signed) Robert Fergus Andrew Fergus Witness Mary Barr Witness. Extracted from the Register of Deeds & in the Books of Council and session on this and the ten preceding pages by me Principal Keeper of said Register. (Signed) Alex Forbes Strathaven, 1st December 1897. This is an Extract of the Trust Disposition and Settlement referred to in my Affidavit of this date appended to the Inventory of the Personal Estate of the deceased Robert Fergus within designed. (Signed) John barrie James Martin J.P. County of Lanark

Written by Simon K. Bell

 

 

 

 

 

Page 762 starts the same for William Lohoar who died at High Merryton Cottage, Larkhall on the 9th day of July 1897. He is related to the Angus and Fergus families.