Will and Inventory of James McKean

Provost of Gatehouse of Fleet

Inventory of the Personal Estate, wherever situated, of James McKean, residing at Braeside, Gatehouse, in the Parish of Girthon and the Stewartry of Kirkcudbright, Scotland, who died at Braeside, Gatehouse, aforesaid on the 7th day of August 1879.

Scotland

(signed) W. Cairns, Wm Helme, Chief Magistrate of Gatehouse.

At Gatehouse the fourth day of November, One Thousand and Eight Hundred and Seventy Nine years. In presence of William Helme Esquire, Chief Magistrate of the Burgh of Gatehouse, appeared William Cairns, Bank Agent, Gatehouse, Executor of the deceased James McKean residing at Braeside, Gatehouse, in the parish of Girthon and Stewartry of Kirkcudbright, who being solemnly sworn and examined, deposes that the said James McKean died domiciled in Scotland at Braeside, Gatehouse aforesaid, upon the seventh day of August, Eighteen hundred and seventy nine, and the Deponent has entered upon the possession and management of the deceased Estate as Executor, nominated by him along with Thomas Rowatt Junior, Merchant, London in or ________ ________ and Settlement by the said James McKean dated the fifteenth day of July, Eighteen hundred and seventy nine which is now exhibited and signed by the Deponent and the said Chief Magistrate of this date as relative hereto that the Deponent does not know of any Testamentary Settlement or any past writing relative to the disposal of the deceased personal Estate or Effects or any party thereof, other than the said Trust Disposition and Settlement that the foregoing inventory, which is signed by the deponent and the said Magistrate as relative hereto, is a full and complete Inventory of the Personal Estate and Effects of the said deceased James McKean where soever situated and belonging or due to him beneficially at the time of his death, in so far as the same has come to the deponents knowledge, that the value at this date of the said Personal Estate and Effects, where soever situated, including the proceeds accrued thereof down to this date is Three thousand pounds and under Four thousand pounds Sterling, that confirmation of the said Personal Estate is ________ in favor of the deponent and the said Thomas Rowatt Junior, all which is truth as the deponent shall answer to God.

(signed) W. Cairns, Wm Helme, Chief Magistrate of Gatehouse.

WILL OF JAMES McKEAN

I, James McKean, residing at Braeside, Gatehouse, in the parish of Girthon and Stewartry of Kirkcudbright, having resolved to settle my affairs so as to prevent all disputes after my death, and having full confidence in the persons afternamed for executing the Trust hereby reposed in them, do hereby Give, Grant, assign, dispose, convey and make over to and in favor of Thomas Rowatt Junior, Merchant, London, my son-in-law, and William Cairns, Bank Agent, Gatehouse, and to such other person or persons as may hereafter be named by me or assumed by them or either of them, to the survivors or survivor, acceptors or acceptor of them as Trustees or Trustee, for the end uses and purposes and with the powers after specified, and to the Disponees and assigners of said Trustees or Trustee, heritably and irredeemably all and sundry my whole heritable and moveable property means and Estate, debts and effects, sums of money, heritable and moveable Cash, Bank Notes, Railway or other Stocks, Chief Rents, Policies of Insurance, Household furniture and others of whatever nature and denomination whosesoever situated, all as presently belonging or due which shall belong or be due to me at my death, together with the whole _____________ and evidents, vouchers and instructions thereof and all that has followed or is competent to follow thereon; But in trust always for the end uses and purposes after mentioned; and without prejudice to the generally of the conveyance,

I do hereby Give, Grant, Assign, dispose, convey and make over to and in favor of my said Trustees or Trustee, all and whole that plot or piece of ground with the building erected thereon lying on the north side of the public road leading from Gatehouse of Fleet to Castle Douglas extending sixty seven feet in a Curve along the line of the said Turnpike Road and running north in a curved direction from the East termination of these one hundred and fifty three feet from the length of two hundred and eighty six feet, then running West in a straight line for sixty one feet and then running South in a curved direction for the length of three hundred and twenty five feet or thereby till it joins the foresaid turnpike road, all as shown on a plan thereof signed as relative to a Fue Charter thereof granted by John Russell, one of the Principal Clerks of ________ Factor and Commissioner for Horatio Granville Murray Stewart of Broughton, and which said plot or piece of ground contains in whole an area of three roods and one pole imperial measure is bounded by the said Turnpike Road on the South and South West, by the plot or piece of ground _____dly the deceased Alexander Murray to Thomas Campbell on the West and by the property lands of the said Horatio Granville Murray Stewart on the North and East and South East, and lies within the Burgh and Barony of Gatehouse of Fleet in the parish of Girthon and Stewartry of Kirkcudbright but always within and under the Conditions, burdens, provisions, servitudes, limitations, reservations, restrictions and clauses inretant and resc___ve specified in the said Feu Charter granted by the said John Russell dated the twentieth day of March Eighteen hundred and fifty; and I bind and oblige myself, my heirs and successors to grant all necessary Deeds in favor of my said Trustees for implementing and fulfilling the conveyance generally and particularly above written; and I do hereby nominate and appoint my said Trustees or Trustee to be my sole Executors or Executor and Intramitters or Intremitter with my moveable Estate and to be ___ers and Curators to all Minors taking benefit under this ; But declaring that these presents are granted in Trust always for the end uses and purposes after mentioned viz.

First, my said Trustees or Trustee shall pay all my just and lawful debts, deathbed and funeral charges and the expense of executing this Trust;

Second, they shall from the first available proceeds of my Estate retain the sum of Nineteen pounds and Nineteen Shillings Sterling each to repay them for their trouble as Executors under this Trust.

Third, My said Trustees or Trustee shall at the first term of Whitsunday or Martinmas that shall happen six months after my death, pay over to my daughter Margaret Wallace McKean or Rowatt, spouse of Thomas Rowatt Junior, Merchant, London, the sum of Two thousand pounds Sterling as her share of my Estate, this sum is in addition to Two thousand pounds due by me to her on a Promissory Note, and which sum I borrowed from her to enable me to advance to my daughter Elizabeth McKean or Gordon, spouse of James Gordon, Merchant, Cardiff, her share of my Estate.

Fourth, if the remainder of my Estate will permit of it, after payment of my debts, legacy of Nineteen pounds and nineteen shillings Sterling to each of my Trustees and legacy of Two thousand pounds Sterling to my daughter the send Margaret Wallace McKean or Rowatt as above mentioned, I hereby direct said Trustees to pay the sum of three hundred pounds Sterling to my daughter Jessie Lewis McKean Campbell, spouse of James Campbell, Draper, Edinburgh, three hundred pounds Sterling to Elizabeth McKean Campbell or Gordon, spouse of James Gordon, Merchant, Cardiff, and Two hundred pounds Sterling to my son James Harker McKean, if there is not sufficient remainder to admit of these legacies being paid, whatever remainder there is, will be divided among my daughter Jessie Lewis McKean or Campbell, Elizabeth McKean or Gordon and my sons James Harker McKean and Thomas Campbell McKean in the same proportion as the legacies above mentioned. Declaring that my daughter Jessie Lewis McKean or Campbell, Elizabeth McKean or Gordon and my Sons James Harker McKean and Thomas Campbell McKean have been advanced and paid by me during my lifetime various sums of money equal to their shares of my Estate.

And Lastly, After payment of all above mentioned debts and legacies, the free Residue and Remainder of my Estate, if any, shall be paid over by my said Trustees or Trustee to my daughter Margaret Wallace McKean or Rowatt above mentioned. Declaring that the sums payable to my daughters shall be exclusive of jus ____, right of administration and every other right of their present or any future husbands and shall not be attachable for the debts or affectable by the deed of said husbands and shall be payable to my said daughters on their oun receipts and discharges alone.

And I do hereby authorize and empower my said Trustees to make up and compile all necessary Titles, give up Inventories and obtain Confirmation with power to assume other Trustees to act along with them or after their death, with power also to appoint one of their own number, or any other person with a reasonable allowance for their trouble, to be their Factor or Agent for all the purposes of this Trust. As also with powers of Sale by

Public roup and private bargain and of Compromise and Submission and power to invest the Trust funds on such real or personal Security as they may deem advisable and generally to do everything requisite for executing this Trust, and for these purposes to grant, subscribe and deliver all necessary Writs and deed; and declaring that my said Trustees shall not be liable for the errors, omissions or neglect of management of themselves or of any Factor or Agent that may be employed by them nor for the intramissions or responsibility of said Factor or Agent. With entry to the said subjects and others for new infeftment and investiture in favor of my Trustees To be holder a me velde me, And I assign the writs and I assign the rents, And I revoke and cancel all former Settlements made by me, And T reserve my own liferent and power to alter innovate or revoke these presents in whole or in part, And dispense with the delivery hereof and of any Codicils hereto, And I consent to the registration hereof and of any relative Codicils or Writings for preservation.

In Witness whereof these presents written on this and the two preceding pages by William Cairns, Bank Agent in Gatehouse are subscribed by me at Gatehouse this fifteenth day of July Eighteen hundred and Seventy nine before these Witnesses Richard McDade and David Cairns both Clerks in the Union Bank of Scotland at Gatehouse. Declaring that the word “Campbell” on the twenty second line from the top of the second page is deleted and “McKean” substituted on the margin for it before signing.

(signed) James McKean

(signed) Rich McDade, Witness

(signed) David Cairns, Witness.

Gatehouse, 4^th November 1879. This is the Trust Deposit and Settlement referred to by me in my oath to the Inventory of the deceased James McKean’s Personal Estate of this date.

(signed) W. Cairns and Wm Helme, Chief Magistrate, Gatehouse