Source; National Archives of Scotland SC70/4/283 pp797-810
At Edinburgh the nineteenth day of April one thousand eight hundred and ninety five the deed hereinafter engrossed was presented for registration in the Books of the Lords of Council and Ression for preservation and is registered in the said Books as follows I Mrs Janet Isabella Nairne widow of John W[M] illis Nairne Esquire of Dunsiman in order to regulate the management and distribution of my means and estate after my death Do hereby assign dispose convey and make over and devise legate and bequeath to and in favour of my son-in-law Colonel John McGregor Kerr residing at Saint Andrews and James Craike Writer to the Signet Edinburgh and to such other person or persons as I shall hereafter name or shall be assumed to act in the trust hereby created and to the acceptors or acceptor and survivors and last survivor accepting of the persons hereby named or that may be named or assumed as aforesaid as trustees or trustee for executing the trust hereby created [ the said trustees hereby named or to be named or assumed and their foresaids being throughout these presents denominated or referred to as “my Trustees” or “my said trustees” a majority of my trustees in Great Britain for the time while more than two are alive and acting as trustees being always a quorum and to the assignees of my said trustees All and Sundry my whole means and estate heritable? And movable real and personal of whatever kind or wherever situated at present belonging and addebted or that shall belong and be addebted to me at the time of my death And I nominate and appoint my trustees to be my sole executors or executor But declaring that these presents are granted in trust for the uses and purposes after mentioned videlicet [ First] I direct my trustees from the first and readiest of my means and estate to pay all my just and lawful debts deathbed and funeral expenses and the expenses of the trust hereby created [Second]I direct my trustees to pay or deliver all such legacies gifts and bequests and implement all such instructions as shall be contained in any codicil memorandum or writing which may be left by me clearly expressive of my will though not formally executed declaring that the same whether formal or informal shall be held and taken to be part and parcel of these presents [Third] I direct my trustees to hold the residue and remainder of my said means and estate and to pay the income and annual produce thenceof as the same falls due and is received by them to my youngest daughter Florence Barclay Nairne during all the days of her life and I hereby authorise and empower my said trustees to invest a part of the residue of my said means and estate but not exceeding one thousand pounds in the purchase of an annuity on the life of my said daughter so as to make up her annual income from all sources to three hundred pounds but it shall be in the sole discretion of my daughter whether or not it is advisable to purchase the said annuity and in the event of the marriage of the said Florence Barclay Nairne I hereby direct my trustees to settle the said residue or so much thereof as may remain in their hands at the time in her marriage settlement for behalf of herself and any husband she may marry in liferent? And of the issue of her marriage in fee and [Fourth] In the event of the said Florence Barclay Nairne remaining un-married or in the event of her marrying and dying without issue I direct my trustees on her death and subject to any liferent whole may have been conferred on her husband to pay over to my daughter Mrs Jeannetta Margaret Nairne or Kerr wife of the said Colonel John McGregor Kerr whom failing to her issue equally among them one half of the residue of my said means and estate and as regards the remaining half of the residue of my said means and estate I direct my trustees to pay over the same to such one or more of my other children and their issue and in such shares and proportions as the said Florence Barclay Nairne shall direct by any deed or writing under her hand and failing such direction by the said Florence Barclay Nairne then I direct my trustees to pay the remaining half of my said means and estate equally among my said other children and their issue per stirpes and without prejudice to the powers and immunities conferred upon gratuitous trustees by statute or at common law but in addition thereto or in confirmation thereof I give full power to my trustees to enter into the possession and management of my said means and estate and to appoint a Factor or Agent under them for the management of the same either one of their own number or any other person with or without caution or security and in case my trustees shall appoint one of their own number as aforesaid it is hereby provided that in the event of the said trustee so appointed transacting any business relative to the trust whether as a Legal Practitioner or otherwise he shall be entitled to receive out of the trust funds payment of his full professional fees and charges and not merely his costs and disbursements any law or practice to the contrary notwithstanding declaring nevertheless that such trustee [as well as each of my other trustees] shall be held to be a gratuitous trustee with all the powers and privileges conferred on such trustees by the Trusts [Scotland] Acts Eighteen hundred and sixty one to eighteen hundred and ninety one and that the provisions of the said Acts shall be applicable to the present Trust And I also give to my trustees power to sell or convert into money all or any part of my said means and estate so as to enable them judiciously to carry out my instructions as herein set forth And I hereby authorize and empower my trustees to lay out and invest the trust funds or any part thereof in the purchase or on the security of any of the Government Stocks Public Funds or Securities of the United Kingdom or the Government of India or of any British Colony or Dependency or of any Foreign Government or in the purchase or upon the security of the ordinary preference guaranteed debenture or rent charge stocks or shares or annuities or annuity stock of any Railway Company or other Company or Municipal or other corporation or public trust or other public body in Great Britain or in India or any British Colony or Dependency as a-lo? to lend the trust funds upon the security of heritable or real property in Scotland or England including securities over the life interests of heirs of entail or liferenters of heritable or moveable property in conjunction with policies of assurance upon the lives of the Borrowers As also to lend out the trust funds upon the debentures mortgages bonds deposit receipts or other securities of any Railway Company or other Company or of any Municipal or other Corporation or Public Trust or other Public Body in Great Britain India or any British Colony or Dependency or to the deposit the Trust Funds or any part thereof with any Bank or Banking Company in Great Britain or India or any British Colony or Dependency and to alter change and vary the stocks funds and securities which they may take or receive or in or upon which they may have lent or placed out the trust funds coming into their hands as often as it shall seem to them expedient And I reserve full power to alter or revoke these presents in whole or in part and I dispense with the delivery hereof and I reserve any liferent right and I consent to the registration hereof and of any codicil or codicils or other writings or memoranda relative hereto for preservation In witness whereof I have subscribed these presents written on this and the two preceding pages by Alexander Gow Clerk to James Auldjo Jameson Writer to the Signet Edinburgh Paul Andrews on the sixth day of August Eighteen hundred and ninety four before these witnesses George Gordon Justice of the Peace six Chamberlain Road Edinburgh and James William Ralston Royal Bank of Scotland Melrose this testing clause from and after the words “ in witness whereof” being written by Peter McMurray clerk to the said James Auldjo Jamieson [signed] JI Nairne Signed by the said Mrs Janet Isabella Nairne the testatrix as and for her last will and testament and trust disposition and settlement in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses [signed ] George Gordon J.P. witness 6 Chamberlain Road Edinburgh JW Ralston witness Royal Bank of Scotland Melrose Extracted from the Register of Deeds re in the Books of Council and Session on this and the twelve preceding pages by me Principal Keeper of said Register [signed] Alex Forbes This is the Extract of the Trust Disposition and Settlement of the late Mrs Janet Isabella Featherston or Nairne widow of John Willis Nairne Esq of Dunsimon referred to in my affidavit to the Inventory of her personal estate signed by me of even date herewith [signed] James Craik George Dalziell JP 66 Queen Street Edinburgh 18th June 1895
Mrs Janet Isabella Featherston or Nairne £262 5s 3d 3per cent Testate 21 June 1895
At Edinburgh the twenty first day of June eighteen hundred and ninety five the following Inventory of the personal estate of the deceased Mrs Janet Isabella Featherston or Nairne and Deed relative to the disposal thereof were presented by Messrs Tods Murray & Jamieson WS 66 Queen St Inventory of the Personal or moveable estate and effects wheresoever situate of the late Mrs Janet Isabella Featherston or Nairne [widow of John Willis Nairne Esquire of Dunsinnan] who resided at No 19 Rutland Street Edinburgh who died at Edinburgh on the 23rd day of March 1895 Scotland
Cash in hand £11 Jewelry and personal articles which belonged to deceased at 19 Rutland Street Edinburgh conform to Inventory and Valuation by Alexander Dowell Appraiser Edinburgh dated 28 March 1895 20.16s
Balance due to deceased at date of death on account current with the Bank of Scotland George Street Edinburgh £377 Four per cent Guaranteed annuities Stock No 2 of the Caledonian Railway Company at 142 507. 7.2 535 .6 .9
Sum in Policy of Assurance No 6939a of the Standard life Assurance Company dated15 June 1853 on life of deceased £2000
Bonus Additions thereon at date of death 1207. 10/- 3207. 10/-
Sum in Policy of Assurance No 6940 a of the said Standard Life Assurance Company dated 15 June 1853 on life of deceased £500 Bonus additions thereon at date of death 301. 17. 6 801. 17. 6
Sum due to deceased by her son William Nairne Esq of Dunsinnan conform to Acknowledgment by him dated 23 August 1894 600 - -
England
Household furniture plate and other effects which belonged to deceased deposited at Messrs Whiteleys 147 Queens Road Bayswater and at the Bank of Scotland Lothbury London conform to Inventory and Valuation by Messrs George Gouldsmith Son &Co Valuers 2 Pont Street Belgrave Square London dated April 1895 168. 17. 0
Sum in Deposit Receipt by the Bank of Scotland Lothbury London dated 26 February 1981 in favour of deceased £60
Interest to date of death 3. 3. 2 63. 3. 2
Sum in Debenture No 127 of the Central Canada Loan and Savings Company of Ontario dated 5 August 1890 in favour of deceased £1000
Interest thereon from 11 November 1894 to date of death at 41/2 p,c. 16. 5. 5 1016. 5. 5
Sum in debenture NoF 2664 of the American Freehold Land Mortgage Company of London dated 3rd September 1890 in favour of deceased £1000 Interest thereon from 1st January 1895 to date of death @41/2p.c.10. 2. 2 1010. 2. 2
Sum in Debenture No 3198/2178 of the National Mortgage and Agency Company of New Zealand dated 25 November 1885 held by deceased £300
Interest thereon from 11th November 1894 to date of death @41/2 per cent 4. 17. 7 304. 17. 7
Sum in Debenture No 3200 of said National Mortgage and Agency Company of New Zealand dated 19 November 1890 in favour of deceased £200
Interest thereon from 11th November to date of death @ 41/2 p.c. 3. 5. 1 203. 5. 1
Proportion of one third share of Income of £12071-10-6
Consols liferented by deceased under the will of her father the late Jonathon Featherston dated 6 January 1830 and proved in the Prerogative Court of York 22 January 1831 from 1st January to date of death 24. 0. 7 £8474. 8. 5
Signed James Craig George Dalziel JP
At Edinburgh the eighteenth day of June eighteen hundred and ninety five In presence of George Dalziel writer to the Signet Edinburgh one of Her Majesty’s Justices of the Peace for East Lothian Appeared James Craik writer to the Signet Edinburgh who being solemnly sworn and examined depones That the said Mrs Isabella Featherston or Nairne widow of John Mellis Nairne Esquire of Dunsinnan died at Edinburgh upon the twenty third day of March eighteen hundred and ninety five without any fixed or known domicile except that the same was in Scotland That the deponent is executor Nominate along with Colonel John McGregor Kerr residing at Saint Andrews under a Trust Disposition and Settlement executed by the deceased dated sixth August eighteen hundred and ninety four and registered in the Books of Council and session nineteenth April eighteen hundred and ninety five an extract of which is now exhibited and signed by the deponent and the said Justice of the Peace of this date as relative hereto that the deponent has entered or is about to enter upon the possession & management of the deceased estate as executor foresaid along with the said John McGregor Kerr That the Deponent does not know of any testamentary settlements or writing relative to the disposal of the deceased personal or moveable estate or effects or any part thereof other than the before mentioned trust disposition and settlement That the foregoing Inventory signed by the deponent and the said Justice of the Peace is a full and complete Inventory of the personal or moveable estate and effects of the said deceased wheresoever situate and belonging or due to her beneficially at the time of her death in so far as the same has come to the deponents knowledge That the amount of estate duty payable upon this inventory as particularly shown in the statement for estate duty and accounts annexed hereto is £262. 5. 3 That confirmation of the personal or moveable estate in the United Kingdom is required All which is truth as the deponent shall answer to God
Signed James Craik George Dalziel JP
For deed see Test Record NolJx p797