Source; National Archives of Scotland SC/36/51/256 pp 286-295
At Edinburgh the twenty seventh day of August nineteen hundred and thirty six the deed hereinafter reproduced was presented for registration in the Books of the Lords of Council and Sessions for preservation and is registered in the said books as follows
I, William Fetherston ,retired Civil Servant residing at Berea, Balshagray Avenue Glasgow having resolved to settle the succession to my means and estate after my death in manner underwritten Do therefore hereby assign dispone and convey to and in favour of my daughter Mrs Mabel Alexandra Fetherston or Macphail residing at Two hundred and ninety one Crow Road Glasgow Allan Clarkson Macphail residing at Two hundred and ninety one Crow Road Broomhill Glasgow as trustees and trustee [hereinafter referred to as “my trustees” for the uses and purposes after expressed and to the assignees whomsoever of my trustees All estate heritable and moveable , real and personal wheresoever situated which shall belong to me at the time of my death including therein all estate over which I may have power of appointment or disposal by will or otherwise : and I appoint my trustees to be my sole executors : But these presents are granted always for the uses and purposes following, viz [First} For payment of my debts sickbed and funeral charges and the expenses of executing this trust to be paid out of the proceeds of the sale of Two hundred of my Ordinary Shares in JandP Coats Limited which I direct my trustees to realise for that purpose: And in the event of there being a surplus remaining after payment of the said debts charges and expenses I direct my trustees [primo] to hold the said surplus and in the event of the fund to be held and applied in terms of the Second Purpose hereof becoming exhausted prior to the death of my wife Mrs Margaret Wilson Mackenzie or Fetherston to apply the income [accrued and accruing] and such part of the capital of the said surplus as my trustees may think expedient for her maintenance on the same conditions as are contained in clause [second] hereof; and [secundo] on the death of my said wife I direct my trustees to hold the said surplus or any balance then remaining [including accrued income] for the liferent use and enjoyment of my daughter Mrs Ethel Margaret Fetherston or Blackwood and on her death of her son Thomas Blackwood as an unassignable alimentary provision for her and him respectively : [Second] I direct my trustees to hold the proceeds of my life insurance policy for Seven hundred pounds sterling for behoof of my said wife and to apply the income and such part of the capital as my trustees may think expedient for her maintenance not exceeding the sum of sixty five pounds sterling and not less than the sum of fifty two pounds sterling per annum over and above the payment of the whole feuduty, rates, taxes, insurance, upkeep and other outgoing of my dwelling house Berea aforesaid, and the contents thereof the liferent of which is given to my said wife under Clause [Forth] hereof; And on her death I direct my Trustees to hold the whole or any remaining part of the said proceeds of my life insurance policy for the liferent use and enjoyment of my said daughter Ethel Margaret Fetherston or Blackwood and on her death, of the said Thomas Blackwood as an unassignable alimentary provision for her and him respectively: [Third] I direct my Trustees to deal with the sum or sums standing at my credit in the Savings Bank of Glasgow as follows:- to pay or convey [free of legacy duty and charges ] [one] To the said Thomas Blackwood a legacy of one hundred pounds sterling and, in the event of the said Thomas Blackwood being a minor at the date of my death I direct my trustees to pay said legacy to his mother the said Ethel Margaret Fetherston or Blackwood on his behalf; [two] To Saint Silas’ Episcopal Church, Sixty nine Park Road Glasgow a legacy of one hundred pounds sterling ; And I provide that the receipt of the Treasurer for the said Church shall be a sufficient discharge for the said legacy; and [three] the balance of the said sum or sums to my grandson Allan Fetherston Macphail and in the event of the said Allan Fetherston Macphail being a minor at the date of my death I direct my trustees to pay and convey said balance to his mother the said Mabel Alexandra Fetherston or Macphail on his behalf; [Forth] I direct my trustees to give to my said wife while she survives the liferent use and enjoyment of my dwelling house Berea aforesaid together with the whole household furniture plenishing and contents thereof; And on her death to give the liferent use and enjoyment thereof to the said Mabel Alexandra Fetherston or Macphail and on her death to give the liferent use and enjoyment thereof to the said Allan Fetherston Macphail she and he paying the whole feuduty, rates, taxes, insurance upkeep and other outgoings in connection there with: It is my express wish that my said wife shall never allow my son Richard Bolster Fetherston to reside at my said dwelling house and if she shall at any time contravene this condition my trustees shall cease to allow her the liferent use of the said dwelling house, furniture, plenishing and contents and the said liferent in her favour shall thereupon cease as if she had died : [Fifth] I direct my trustees to set aside and hold my holding of shares in the Imperial Tobacco Company [of Great Britain and Ireland] and three hundred of my Ordinary Shares in J and P Coats Limited for the alimentary unassignable liferent use and enjoyment of the said Richard Bolster Fetherston and on his death the said Mabel Alexandra Fetherston or Macphail and on her death of the said Allan Fetherston Macphail: [Sixth] I direct my trustees upon the death of my said wife to convey the lair or burying ground and stone belonging to me in the Western Necropolis, Glasgow to the said Mabel Alexandra Fetherston or Macphail whom failing to the said Allan Fetherston Macphail: [Seventh] I direct my trustees to set aside and hold three hundred of my Ordinary Shares in J and P Coats Limited for the alimentary unassignable liferent use and enjoyment of the said Ethel Margaret Fetherston or Blackwood and on her death of the said Thomas Blackwood; and [Lastly] Subject to the foregoing purposes as and when available I direct my trustees to pay and convey the whole residue of my estate [ including the capital held to meet the said liferents ] to the Western Infirmary of Glasgow for the purpose of endowing a bed or beds therein, which shall be called the “William Fetherston Bequest” And I provide that the receipt of the Treasurer for the said Infirmary shall be sufficient discharge for the said bequest: And I provide and declare that the provisions hereinbefore made in favour of my said wife and daughters shall be in lieu and in full to them of all claims legally competent to them or any of them respectively against me or my estate upon my decease and in the event of either of my daughters claiming her legal rights then the daughter so claiming shall forfeit not only for herself but also for her issue all right and benefit under these presents: And in addition and without prejudice to the powers rights privileges and immunities appertaining to gratuitous trustees by statute or at Common Law I confer upon my trustees power to continue as permanent investments during the continuance of the trust or for such shorter time as they may see fit all investments which I may have at the time of my death: And I revoke a;; testamentary writings hitherto executed by me: And I consent to registration hereof for preservation: In witness whereof these presents typewritten on this and the three preceding pages are subscribed by me at Glasgow on the Fourth day of May Nineteen hundred and thirty four before these witnesses Andrew David Buchanan Reid, Clerk and Alexander Donaldson Junior, Apprentice both to Bannatyne Kirkwood France and Company, Writers, Glasgow
Signed William Fetherston Andrew D.B. Reid, Witness Alexr. Donaldson, Jr., Witness
Codicil
I William Fetherston, granter of the foregoing Trust Disposition and Settlement Do hereby make the following alterations thereon and additions thereto videlicet: I hereby revoke and cancel the bequest to my grandson Allan Fetherston Macphail of the balance of the sum or sums standing at my credit in the Savings Bank of Glasgow as contained in purpose Third [three] of my said Trust Disposition and Settlement. And in place of said bequest I direct my trustees [first] to pay to the said Allan Fetherston Macphail out of the balance of the said sum or sums a legacy of one hundred pounds sterling free of legacy duty and charges and [second] I direct my trustees to invest the remainder of the balance of said sum or sums in the Ordinary Stock of J. and P. Coats limited and to add said Stock to the three hundred ordinary shares directed to be set aside by purpose Seventh of my said Trust Disposition and Settlement and to deal with said stock in the manner provided with regard to said shares in said purpose Seventh. And with these alterations and additions I confirm my said Trust Disposition and Settlement and I consent to the registration hereof therewith for preservation : In Witness whereof these presents typewritten on this and the preceding page are subscribed by me at Glasgow on the Seventeenth day of July Nineteen hundred and thirty four before these witnesses Andrew David Buchanan Reid and Grace Theodora Browning both Clerks to Bannatyne Kirkwood France and Company , Writers, Glasgow Signed W Fetherston Andrew DB Reid Witness Grace T Browning Witness
Codicil
I William Fetherston granter of the foregoing Trust Disposition and Settlement and Codicil dated Seventeenth July Nineteen hundred and thirty four and Holograph Codicil dated sixth March Nineteen hundred and Thirty five hereby revoke and cancel Purpose [second] of the foregoing codicil dated seventeenth July nineteen hundred and thirty four and I leave and bequeath to my son Richard Bolster Fetherston absolutely the balance of any sum or sums standing at my credit in the Savings Bank of Glasgow after satisfying the legacies payable out of such sum or sums in terms of my said Trust Disposition and Settlement and Codicils; With these alterations and additions I confirm my said trust Disposition and Settlement and Codicils and consent to registration hereof for preservation : In witness whereof these presents typewritten on partly this and partly the preceding page are subscribed by me at Glasgow on the sixteenth day of May nineteen hundred and thirty five before the witnesses Andrew David Buchanan Reid and Alexander Donaldson Junior both clerks to Bannatyne, Kirkwood, France and Company, Writers Glasgow [Signed] William Fetherston Andrew DB Reid witness Alexr Donaldson Jr Witness
Codicil
I William Fetherston granter of the foregoing Trust Disposition and Settlement and Codicils dated seventeenth July Nineteen hundred and thirty four and Sixteenth May Nineteen hundred and thirty five respectively and Holograph Codicil dated Sixth March Nineteen hundred and thirty five Do hereby make the following alterations thereon and additions thereto videlicet:- [First] I hereby revoke and cancel purpose [First] [secundo] of said Trust Disposition and settlement and on the death of my wife Mrs Margaret Wilson Mackenzie or Fetherston I direct my trustees to hold the surplus mentioned in said purpose [First] [Secundo]or any balance [ including accrued income ] for the alimentary unassignable liferent use and enjoyment of my son Richard Bolster Fetherston and on his death of my daughter Mrs Mabel Alexandra Fetherston or Macphail and on her death of her son Allan Fetherston Macphail and [Second] I hereby revoke and cancel the wish and condition contained in Purpose [Forth ] of said Trust Disposition and Settlement prohibiting my said wife from allowing my said son to reside at my dwelling house: And with these alterations and additions I confirm my said Trust Disposition and Settlement and Codicils and consent to registration hereof therewith for preservation: In witness whereof these presents typewritten on this and partly on the preceding page are subscribed by me at Glasgow on the Sixteenth day of August Nineteen hundred and thirty five before these witnesses John Cameron Dobie and Andrew David Buchanan Reid both clerks to Bannatyne Kirkwood France and Company Writers Glasgow [Signed William Fetherston JC Dobie Witness Andrew DB Reid Witness
Codicil
I William Fetherston granter of the foregoing Trust Disposition and Settlement and Codicils dated seventeenth July Nineteen hundred and thirty four , Sixteenth May and Sixteenth Nineteen hundred and thirty five respectively and Holograph Codicil dated Sixth March Nineteen hundred and thirty five Do hereby make the following alterations thereon and additions thereto videlicet:-[First] I hereby revoke and cancel my said codicil dated Sixteenth August Nineteen hundred and thirty five : [Second ] I hereby revoke and cancel Purpose [First] [secundo] of the said Trust Disposition and Settlement and on the death of my wife Mrs Margaret Wilson Mackenzie or Fetherston I direct my trustees to hold the surplus mentioned in said Purpose [First] [secundo] or any balance [including accrued income] for the alimentary unassignable liferent use and enjoyment of my grand-daughter Hilda Agnes Fetherston and on her death of my grandson Allan Fetherston Macphail: [Third] I hereby revoke and cancel Purpose[Second] of my said codicil dated Seventeenth July Nineteen hundred and thirty four and in place thereof I direct my Trustees after satisfying the legacies payable out of the balance aftermentioned under my said Trust Disposition and Settlement and Codicils and Holograph Codicil to pay or convey free of legacy duty and charges the remainder of the balance of the sum or sums standing at my credit in the Savings Bank of Glasgow to the said Hilda Agnes Fetherston : and with these alterations and additions I confirm my said Trust Disposition and Settlements and Codicils and Holograph Codicil and consent hereof therewith for preservation : In witness whereof these presents typewritten partly on this and partly on the preceding page are subscribed by me at Glasgow on the Thirty first day of October Nineteen hundred and thirty five before these witnesses Andrew David Buchanan Reid and Alexander Donaldson both clerks to Bannatyne Kirkwood France and Company Writers Glasgow
Signed William Fetherston Andrew DB Reid witness Alexr Donaldson Witness
Minute of Acceptance
We the undersigned all named and designed in the foregoing Trust Disposition and Settlement and Codicils hereby accept the office of Trustee and Executor therein conferred on us [Signed] MA Macphail. AC Macphail. Chas Macpherson Glasgow 26th August 1936
Codicil
I bequeath to my grand-daughter Hilda Agnes Fetherston the sum of One hundred pounds . I direct that the foregoing bequest be paid out of any sum or sums standing at my credit in the Savings Bank of Glasgow Failing the said Hilda Agnes Fetherston I desire that the said sum be equally divided between my Grandsons namely Allan Fetherston Macphail and Thomas Blackwood Holograph of my hand Signed William Fetherston dated sixth March 1935
Codicil
Berea Balshagray Avenue Jordanhill Glasgow Codicil With reference to my bequest of One hundred pounds to St Silas Church Park Road I desire that the said sum form part of the endowment for this church Holograph of my hand [Signed] William Fetherston dated 16th March 1936
Codicil
Berea Balshsgray Avenue Jordanhill Glasgow Codicil I revoke and cancel the permission for my son to reside at my dwelling house after my decease It is my express desire that he is not permitted to do so during my wifes life Holograph of my hand Signed William Fetherston Dated 12th September 1935
Glasgow 10th October 1936 This is the Holograph Codicil referred to in my Deposition of this date to the Inventory of the estate of the late William Fetherston [Signed AC Macphail John Cuthbertson JP
Extracted on this and the ten preceding pages by me holding a Commission to that effect from the Keeper of the Registers and Records of Scotland [Signed] Robert D Gray
Glasgow 10th October 1936 This is the Extract Trust Disposition and Settlement and Codicils referred to in my Desposition of this date to the Inventory of the Estate of the late William Fetherston [Signed AC Macphail John Cuthbertson JP Collated by Archd Macwhirter
Glasgow 21st October 1936 The following Inventory was presented for registration in this Register conform to law by Bannatyne Kirkwood France & Co 145 West George Street Glasgow
Inventory of the Moveable or Personal Estate and Effects wheresoever situate of the late William Fetherston Retired Civil Servant late of Berea Balshagray Avenue Glasgow who died at 1 Claremont Terrace Glasgow on the twenty eighth day of July 1936
SCOTLAND
1 Cash in house 4 0 0
2 Furniture & personal effects per Inventory & valuation by J&R Edmiston Licensed
Valuators 7 West Nile Street Glasgow dated 28th August 1936 67 19 6
3 Savings Bank of Glasgow Sum at deceased credit in Ordinary Department with interest to date of death 466 11 10
4 St Georges Co-operative Society Ltd Deceased Share Capital 5 0 0
Deceased Loan Capital 2 18 6
5 General Post Office proportion of Pension due to deceased for period from 1st July 1936 to date of death 11 5 10
6 J & P Coats Ltd £800 Ordinary Stock @53/3 2130 0 0
ENGLAND
7 North British & Mercantile Insurance Co. Sum due under Policy No N 106241 on deceaseds life 198 1 6
do N106422 do 98 17 10
do N 112469 do 399 15 3
8 Imperial tobacco Co [of Great Britain & Ireland] Ltd £100 Ordinary Stock @ 159/9 798 15 0
£4183 5 3
Signed AC Macphail John Cuthbertson, JP
At Glasgow the tenth day of October Nineteen hundred and thirty six
In Presence of John Cuthbertson , Justice of the Peace of the County of the City of Glasgow
Appeared Allan Clarkson Macphail , formerly of 291 Crow Road , Glasgow and now of 41 First Avenue Netherlee Glasgow who being solemnly sworn and examined, Depones That the said William Fetherston Retired Civil Servant “Berea” Balshagray Avenue Glasgow died at Glasgow upon the twenty eighth day of July Nineteen Hundred and thirty six domiciled in the County of Lanark in Scotland
That the Deponent is Executor nominate of the deceased along with Mrs Mabel Alexandra Fatherston[sic] or Macphail formerly of 291 Crow Road aforesaid and now of 41First Avenue aforesaid and Charles Macpherson formerly of 267 Crow Road Broomhill Glasgow and now of 25 Thurston Road Glasgow appointed by and acting under Trust Disposition & Settlement by the said William Fetherston dated 4th May 1934 and with relative codicils dated 17th July 1934 16th May 1935 16th August 1935 and 31st October 1935 and Holograph Codicils dated 6th march 1935 and 16th March 1936 registered in the Books of Council and Session 27 August 1936 An extract of said Trust Disposition and settlement and Codicils is produced and signed by the said Allan Clarkson Macphail and the said Justice of the Peace as relative hereto
That the Deponent has entered or is about to enter upon the possession and management of the deceased’s Estate as Executor foresaid along with the said Mrs Mabel Alexandra Fetherston or Macphail and Charles Macpherson
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 those before mentioned and Holograph Codicil dated 12th September 1935 which is produced and signed by the deponent and the said Justice of the Peace as relative hereto
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 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 now to be paid to the Commissioners of Inland Revenue
That confirmation of the Personal or Moveable Estate in Great Britain amounting in value to £4183: 5: 3 is required
All which is truth as the Deponent shall answer to God
[Signed] AC Macphail John Cuthbertson, JP
Collated by Annie H W Bride ?
Amount of foregoing Inventory £4183: 5: 3:
Amount of Debts and Funeral Expenses 125 5 3
4058 - -
Value of Heritage £250 - -
Debts on Heritage £250 - -
£4308 - -
Other Moveables 103 15 5
Rate of Duty 3% - - -
Net Estate Duty Paid 132 7 1
Interest 16 6
£133 3 7
Comfw? 28/10/36