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 Edinburgh on the Twenty fourth day of January Nineteen hundred and eight (24 January 1908) before these witnesses Charles Edward Loudon Writer to the Signet, Edinburgh and William Hall, Law Clerk, Number six Rutland Square, Edinburgh.

(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, Edinburgh and William Hall, Law Clerk, Number six Rutland square, Edinburgh. (signed) E.B. Dunlop C.E. Loudon Witness, William Hall witness.

 

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. Clark. Edinburgh / 433 Edinburgh, 5th December 1912. This is the Extract of the Trust Disposition & Settlement and Codicils referred to in my deposit ion of this date on the Inventory of the Personal Estate of the deceased Elizabeth Bruce Dunlop.

(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.) Edinburgh, 5th December 1912.

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