MISS
ELIZABETH BRUCE DUNLOP RECORD OF INVT. VOL.334.
P.82 6 th DECEMBER 1912.
At Edinburgh the twenty third day of November One thousand nine hundred and twelve (23 November 1912) the Deed hereinafter engrossed was presented for registration in the Books of the Lords of Council and Sess ion for preservation and is registered in the said Books as follows:-
I,
Miss Elizabeth Bruce Dunlop, presently residing at Number Fifteen
Stafford
Street, Edinburgh in order to settle my affairs in the event of my
death, Do
hereby Assign and Dispone to and in favour of
my
sister Mrs Helen
Scott Dunlop or MacDougal, wife of Edward Sambourne
MacDougal of
Sonachan Argyll shire;
my
Brother Alexander
Johnston Dunlop, Companion of the Most Eminent Order of
the Indian
Empire
and
Alexander
Somerville Cumming, Doctor of Medicine residing at Number
Eighteen
Ainslie Place, Edinburgh,
and
to such other person or persons as
shall be hereafter named by me by any writing under my hand, or as
shall be
lawfully assumed for executing the Trust hereby created and to the
acceptors
and survivors and acceptor and survivor of them (all of whom and their
quorum
are throughout this deed in cluded and referred to under the general
designation of "my trustees" declaring that a majority of my trustees
or my only trustee resident within the United Kingdom for the time
shall be a
quorum and to the assignees of my trustees, heritably and irredeemably,
the
whole Estate heritable and moveable real and personal wherever situate,
which
shall belong to me at the time of my death including any fund of which
I shall
then have the power of disposal, with the whole writs titles vouchers
and
instructions of and concerning my said estate: and I do hereby nominate
and
appoint my Trustees to be my Executors (a majority of my Executors or
my only
Executor resident in the United Kingdom for the time being always a quo
rum):
But these presents are granted by me in trust only for the following
purposes
videlicet
In
the first
place for payment of my debts deathbed and funeral charges
and the expenses of executing this Trust:
In
the second
place my Trustees shall deliver to my said sister
(whom failing to my Brother the said Alexander
Johnston Dunlop) all my corporeal moveables excepting money to be
distributed
by her as she sees fit among our relations and friends, - she retaining
to her self
everything that she desires and dispersing the remainder in
affectionate
remembrance of me to those whom I may name in a separate memorandum;
and to
other friends whom I may have omitted:
In
the Third
Place, For payment to my Brother the said Alexander
Johnston Dunlop at the first term of
Whitsunday or Martinmas occurring six months after my death of the sum
of One thousand six hundred pounds
in
grateful remembrance of his continued generosity to myself and to our
brother
John Rankin Dunlop since Eighteen hundred and ninety three,
when at that
time it necessitated great self denial:
but
in the event
of the said Alexander Johnston
Dunlop
predeceasing me my Trustees shall hold the said sum of one thousand six
hundred
pounds (less Government duties) for behoof of his Wife Constance
Susan Dunlop, in life rent and his son Henry
Johnston Dunlop in fee, and if the said Henry
Johnston Dunlop predeceases me then for behoof of his son
and my
grand-nephew, Bruce Alexander
Johns ton Dunlop
in fee:
and
Lastly
I direct my Trustees to hold the residue of my Estate
for behoof of my two grand-nieces Muriel
Ouliss
Sinclair Dunlop and Elizabeth
Bruce Dunlop
daughters of Charles Edward
Dunlop equally
between them and the survivor of them, and during her minority my
Trustees
shall apply the income of each child's share for her benefit, and as
each child
attains twenty one years of age her share is to be paid to her, and the
said
residue shall vest at my death:
and
in executing
this trust my trustees shall have and enjoy all the powers and
privileges conferred
or to be conferred upon gratuitous trustees by Acts of Parliament
relating to
Scotch Trusts and in addition there to the following powers and
privileges
videlicet:
Power
to borrow
money upon the security of the trust estate or any part thereof; to
sell the
trust Estate or any part thereof either by public or private sale; To
allow my
own Investments to remain undisturbed or to invest call up and
re-invest as
often as they please the trust Estate and funds or proceeds thereof in
any
manner they may think advisable And as it is my wish that my Trustees
should
endeavour to obtain a high return upon the trust Estate I specially
exempt them
from any liability should the investments they hold or make depreciat
or fail
altogether:
And
it is hereby
declared that no person paying money to my trustees shall be concerned
with the
application thereof or with any of the conditions herein contained. And
I
revoke all previous testamentary writings executed by me:
And
I consent to
registration hereof for preservation, In Witness Whereof I have
subscribed
these presents, written on this and the preceding page, at Edinburgh on
the seventh
day of June
Nine teen hundred and six (7 June 1906) before
these Witnesses Alexander
Rankin Johnston Dunlop (who subscribes
"A.R.Dunlop") Civil Service, British North Borneo Chartered Company,
and Charles Edward Loudon,
Writer to the Signet,
Edinburgh. (Signed) E.B. Dunlop A.R. Dunlop Witness, C.E. Loudon
Witness.
I,
Miss Elizabeth Bruce Dunlop within
designed do hereby make the following Codicil
to my Trust
Disposition and Settlement dated the seventh day of June Nineteen hundred
and six I
revoke
the Third purpose of my said Trust
Disposition and Settlement and
in lieu thereof I direct my Trustees to set apart and invest in their
own names
the sum of Sixteen hundred pounds or securities representing the same
less
Government duties, and apply the income thereof or so much thereof as
may be
necessary for the maintenance of my Brother, John
Rankin Dunlop during his life: and the balance of income,
if any shall
be paid to my Brother Alexander
Johnston Dunlop:
and on the death of the said John
Rankin Dunlop,
my Trustees shall pay the capital of the said sum So set apart, whether
it has
increased or diminished in value, to my Brother Alexander
Johnston Dunlop, and the fee shall vest in him at my
death; but in the
event of the said Alexander
Johnston Dunlop
predeceasing me, my Trustees shall subject to the provision in favour
of the
said John Rankin Dunlop,
hold the said capital
sum for behoof of Mrs Constance
Susan Dunlop
wife of the said Alexander
Johnston Dunlop, in
liferent and his son, Henry
Johnston Dunlop in
fee, whom failing, for behoof of my Grand-nephew Bruce
Alexander Johnston Dunlop in fee.
In
Witness Whereof I have subscribed
these presents, at
(Signed)
E.B.
Dunlop, C.E. Loudon Witness, William Hall Witness.
I,
Miss Elizabeth Bruce Dunlop, within
designed, do hereby make the following Codicil
to my Trust Disposition and Settlement dated the seventh day of June
Nineteen hundred and six:
I appoint James Luke Rae, Agent of the Commercial Bank of Scotland Limited (Haymarket Branch) Number Two Grosvenor Street, Edinburgh, a Trustee and Executor under my said Trust Disposition and Settlement,
In
Witness whereof I have subscribed
this Codici at Edinburgh on the Fourth day of June Nineteen hundred and
eight (4 June 1908),
before these witnesses,
Charles
Edward Loudon,
Writer to the Signet,
EXTRACTED
from the Register of Deeds
&c. in the Books of Council and Session on this and the ten
preceding pages
by me Keeper of said Register.
(Signed)
Alex.
(Signed)
C.E.
Loudon, R. C. Maclagan, J.P.
I,
Alexander
Johnston Dunlop, Companion of the Most Eminent Order of
the Indian
Empire, of Secunderabad, India, considering that I am a Trustee and
Executor
nominated by my sister the deceased Miss Elizabeth
Bruce Dunlop, who resided at Fifteen Stafford Street,
Edinburgh, who
died on the seventeenth
day of September, Nineteen hundred and twelve,
in her Trust
Disposition and Settlement and two Codicils dated respectively the seventh day
of June
Nineteen hundred and six, the Twenty fourth day of January, Nineteen
hundred and eight,
and the Fourth day
of June, Nineteen hundred and eight, along with
the deceased
Mistress Helen Scott Dunlop
or MacDougal, (who
died on the third
day of January, Nineteen hundred and twelve)
then the wife and after
wards the widow of Edward Sambourne MacDougal of Sonachan, Argyllshire,
and Alexander
Somerville Cumming, Doctor of Medicine, residing
at Number Eighteen
Ainslie Place, Edinburgh, and James Luke Rae,
formerly Agent of the
Commercial Bank of Scotland, Limited, (Haymarket Branch) Number Two
Grosvenor
Street, Edinburgh, and now Agent of the said Bank at Paisley, and
considering
that the said Alexander
Somerville Cumming and James Luke Rae
have both declined to accept of
the office of Trustee and Executor under the said Trust Disposition and
Settlement and Codicils, and that I am about to enter on the possession
and
management of the personal estate in Scotland and England of the said
deceased,
as sole surviving and accepting Trustee and Executor, and it is
necessary that
I should exhibit and record in the proper Court in Scotland an
inventory of
said personal estate, but that, in consequence of my residence abroad,
it would
be inconvenient for me to do so personally, do therefore hereby
authorise and
empower Charles Edward Loudon, Writer to the Sig net, six Rutland
Square,
Edinburgh, as my Factor and Mandatory, to give up an inventory of the
said
personal estate, make oath thereto, and record the same in the Books of
said
Court, and also to crave confirmation thereof in my favour as sole
surviving
accepting Executor foresaid. And I further authorise and empower the
said
Charles Edward Loudon for me and in my name as Executor foresaid, to
uplift and
receive, administer and dispose of the personal estate and effects to
which he
may obtain confirmation in my favour as a foresaid, to grant discharges
thereof, if needful to pursue therefor, and generally every other thing
concerning the same to do that I as Executor foresaid could do if
personally
present. And I bind and oblige myself, and my heirs and successors to
ratify
and confirm whatever the said Charles Edward Loudon may do or cause to
be done
in virtue of the powers conferred upon him by these presents.
In
Witness Whereof I have hereunto set my
hand and seal and have subscribed these presents at Secunderabad,
India, on the
sixth
day of
November one thousand nine hundred and twelve
before the subscribing
Witnesses
below named and designed.
Signed, sealed and
delivered by the
within named Alexander Johnston Dunlop in
the presence of
(Sgd.)
Alex. J. Dunlop (L.S.)
(Sgd.)
G.W. Rawit Witness 10 th
Accountant, Can: Magte's Office, Secunderabad.
("
)
W. Chanaratte, Offg: Head Clerk, Cannt. Office, Witness.
Executed
before me this sixth
day of
November one thousand nine hundred and twelve (6
November 1912). (Sgd.) w.g. Hodgson,
Lt. Col. Cantnnt. Magistrate, & J.P. Secunderabad. (L.S.)
This is the Power of Attorney referred to in my deposition of this date on the Inventory of the Personal Estate of the late Miss Elizabeth Bruce Dunlop. (Sgd.) C.E. Loudon, R.C. Maclagan, J.P. Henry /
ORIGINAL