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Will and
Inventory - Joseph Bain
Will
27
Oct 1841 - Bain
Know all men by these presents that I Joseph Bain Esquire
of Morriston late mail contractor in Glasgow for settling the succession
to my subjects and estate after my decease and for certain other
good causes and considerations me hereto m? have given granted and
disposed as I hereby do give, grant, dispone, assign, convey and
makeover from me to and in favor of John Bain of Westport my only
surviving son and his heirs and assignees whomsoever all and sundry
lands tenements and other heritages, debts, sums of money stock
in trade or in the Government Funds household furniture goods and
gear and other moveable effects and in general the whole subjects
and estate heritable and moveable real and personal of whatever
description and wherever situated presently belonging and owing
or which may be belonging and owing to me at the time of my decease
together with the whole rents interest profits and produce of said
subjects and effects hereby converyed and also the writs evidents
Title Deeds and other documents thereof with all action and execution
which has followed or may be competent to follow thereon turning
and transferring the whole premises from me to and in favor of the
said John Bain and his foresaids whom I hereby surrogate and substitute
in my full right title and place of the same dispensing with the
generality hereof and declaring that these presents shall be as
good and effectual to all intents and purposes as if every particular
of my said subjects and estate had been herein expressed
And I hereby oblige me and my heirs and successors if an whenever
required to make up legal titles to the said heritable subjects
generally before conveyed and especially dispone and make over
the same to the said John Bain and his foresaid and for that purpose
to grant & execute the necessary converyances in implement hereof
but declaring always as it is hereby expressly provided and declared
that these presents are granted and shall be accepted by my said
son and his foresaids under the burden of payment of all my just
and lawful debts sickbed and funeral charges and also under the
burden of the payment to Mrs Janet Blair my spouse in the event
of her surviving me of a free yearly annuity or annual sum of
Two hundred and fifty pounds Sterling during all the days and
years of her life from and after my decease and which shall be
payable at two terms in the year Whitsunday and Martinmas by equal
portions beginning the first terms payment thereof at the first
of these terms which shall occur after my decease and so forth
continuing at these two terms during here life with the lawful
interest of the said annuity from and after the several terms
of payment thereof until payment And for the purpose of better
security the said annuity the said John Bain and his foresaid
shall be obliged within six months after my decease to invest
and secure on good heritable security at the sight and to the
satisfaction of the said Janet Blair the principal sum of Six
Thousand pounds or such other sum as shall yield an yearly interest
equal in amount to the said annuity and the writings of the said
security shall be conceived in favour of my said spouse in liferent
for liferent use allenarly during all the days of her life for
her farther security of the said annuity interest and consequents
thereof
And farther these presents are granted under the burden of the
said John Bain and his foresaids making payment to the said Janet
Blair in the event of her surviving me of the sum of Five hundred
pounds Stering payable at the first term of Whitsunday or Martinmas
occurring after my decease with the lawful interest thereof from
my decease till payment and also under the burden of their immediately
after my decease delivering over to and allowing my said spouse
to possess my whole household furniture and plenishing including
silver plate bed and table linen to be kept and used by her during
her own lifetime and for her liferent use allenarly But declaring
that the said John Bain and his foresaids shall have liberty if
they think fit to redeem and take the said furniture to themselves
upon making payment to my said spouse of the sum of Three hundred
pounds in lieu and place thereof at the expiration of the first
six months after my decease in which case my said spouse shall
be obliged to give up the liferent use and possession of the same
which provisions herein before contained in favour of my said
spouse it is hereby declared shall be in full and complete satisfaction
to here and her next of kin of all terce of lands half or third
of moveables and other claims whatever legal or conventions competent
to her or them from my estate or the goods in communion betwixt
us by and through my decease or otherwise
And farther these presents are granted and to be accepted by
the said John Bain and his foresaids under
the burden of the payment of the sum of Five hundred pounds Sterling
to Joseph Kelly the reputed son of my deceased son Joseph Bain
and which shall be payable upon his attaining twenty five years
of age but the lawful interest thereof from and after my decease
shall be payable to him or applied for his behalf half yearly
at the terms of Whitsunday and Martinmas by equal portions
And I hereby
nominate and appoint the said John Bain to be my sole executor
and intromitter of my moveable effects with full power to give
up Inventories thereof and confirm the same and generally to do
every other thing in the premises belonging to the office of executor
and I hereby reserve to myself my liferent use and disposal of
the subjects hereby conveyed with full power and liberty at anytime
in my life and even on deathbed to qualify revoke or alter these
presents at pleasure. But dispensing with the delivery hereof
and declaring these presents so far a not altered to be valid
and effectual though found lying by me or in the custody of any
other person undelivered at my decease any law or custom to the
contraty notwithstanding. And I consent to the registration hereof
in the books of Council and Session or others competent therein
to remain for preservation and thereto constitute ?
In wit ? whereof
these presents written upon this and the two proceeding pages of
stamped paper by John McClure ? to William & Adam Graham Writers
in Glasgow are subscribed together with the marginal additions on
the second page hereof written as aforesaid by me he said Joseph
Bain and also by the said Janet Blair my spouse in token of her
acceptance of the provisions herein before made in her favor in
full and complete satisfaction of all her legal and conventional
claims from my estate as before specified and which she hereby renounces
and gives up at Morriston the fourteenth day of February 1839 years
before these witnesses William Graham Writer in Glasgow and George
Bennie Gardener to me the said Joseph Bain (signed) Joseph Bain
Janet Blair William Graham - Witness George Bennie - Witness
Inventory
At Glasgow the 27th October 1841 compeared John Kerr writer
in Glasgow and gave in the inventory to be recorded whereof the
tenor follows.
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£
.
|
s.
|
p
|
|
1
|
Cash
found in the House and repositories of the defunct at the time
of his death |
120
|
10
|
0
|
|
2
|
Inventory
and valuation under the hands of John Graham licensed appraiser
of the whole furniture and effects cattle and cropping belonging
to the defunct |
430
|
14
|
6
|
|
3
|
The following
shares in the following joint stock companies
| Glasgow
Water Company 14 shares at £60 |
840
|
0
|
0
|
| Glasgow
Gas Company 30 shares at £51 |
1530
|
|
|
| North
British Insurance Company 8 shares at £17 |
136
|
|
|
| Bank
of Scotland 4 shars at £159 |
636
|
|
|
|
3142
|
0
|
0
|
|
4
|
Sum lent
to John Miller farmer at Westport and due at Martinmas next
| Principle
|
100
|
0
|
0
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| Interest
due at Marts |
5
|
0
|
0
|
|
105
|
0
|
0
|
| |
|
3798
|
4
|
6
|
At Glasgow the
27th day of October 1841 years. In presence of Henry Glassford Bell
Esq. Commissary Depute of Lanarkshire compeared John Bain Esquire
of Westport who being solemnly sworn and examined depones that Joseph
Bain Esquire of Morriston near Glasgow the Deponents father died
at Morriston aforesaid upon the 28th day of April last 1841, and
this deponent had entered upon the possession and management of
the said defuncts personal estate as sole executor constituted and
appointed by him by a Deed of Settlment dated the fourteenth day
of February 1839 which is exhibited and subscribed by the said Deponent
and Commissary deput of this date as relative hereto. That the Deponent
did not know of any settlement testament or other writing relative
to the disposal of the deceaseds personal estate and effects or
any part of them other than that now exhibited. That the inventory
written on the first page hereof and signed by the Deponent and
the said Commissary Depute as relative hereto is a full and true
Inventory of the deceaseds personal estate and effects wheresoever
situated already recoved or known to be existing belonging or due
beneficially to him at the time of his death. And the value of said
estate situated in Scotland is of the value of Three thousand pounds
and under the value of Four thousand pounds sterling. All which
is truth as the Deponent shall answer to God (signed) John Bain.
Henry Glassford Bell Com. Dep.
»
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Bain (1760 - 1841)
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