I James Dunlop Cotton Spinner in Glasgow having resolved to settle my affairs and having full confidence in the persons after named whom I appoint Trustees for the ends and purposes after mentioned – have disponed assigned conveyed + made over as I by these presents (but under the burdens conditions provisions reservations and for the uses and purposes aftermentioned) dispose assign convey and make over from me my heirs executors and successors to and in favor of
Mrs Bruce Ellis or Dunlop my spouse
Mr Charles Tennant residing in St Rollocks
Mr Robert Dunlop of Carlebar,
Mr James Dunlop of Arthurlee
Adam Gib Ellis Writer to the Signet
Robert Ellis Writer in Edinburgh
Henry Dunlop
Charles Dunlop and
William Dunlop my sons and to
John Dunlop and
Colin Dunlop also my sons
declaring that the said John Dunlop and Colin Dunlop shall not be entitled to act as Trustees under this deed until they arrive respectively at majority and to such other person or persons as I may afterwards appoint by a writing under my hand which I reserve full power to do at any time of my life or even on death bed and to such other Trustee or Trustees as the Survivor or Survivors of those above named or who may be named by me accepting may elect and assume into the Trust in virtue of the powers hereinafter conferred and to the acceptors or acceptor and to the acceptors or acceptor and survivors or survivor of those accepting a majority of acceptors surviving being always a quorum in Trust and to their or his assignees heritably and irredeemably [p.367] All and Whole lands tenements and heritages presently belonging or which shall belong to me at the time of my decease with the whole writs and evidents thereof conceived in favors of me my authors and predecessors and whole clauses therein contained, as also my whole goods gear and effects debts and sums of money and in general my whole property and Estate and Effects heritable and moveable real and personal of whatever nature and denomination heirship moveables included with the whole vouchers of the moveable property and all that has followed or may follow thereon and particularly without prejudice to the foresaid generality All and Whole that tenement of land high and layh back + fore with the yards and haill pertinents of the same lying within the Burgh of Paisley above the Cross thereof near the Meal Market upon the south side of the Kings High Street of the said Burgh and bounded betwixt the tenement lately belonging to the laird of Fergulee on the west, the tenement lately belonging to William Ereton now to John Gibb Merchant on the East the Burn called St Mirrins or Nether Baillie to the South, and the Kings High Street of the said Burgh on the north parts together with all right lette (?) and interest claim of right property and possession petitory and possessory which I my predecessors or authors heirs or successors have had or can pretend to the said subjects providing and declaring always that these presents are granted in trust and for the uses ends and purposes after specified; That is to say
In the first place I appoint my said Trustees out of the readiest of my effects to pay my whole lawful debts and funeral charges and the expenses of this present Trust and I allow them to satisfy all claims which may be brought forward against my Estate if they consider them to be just without putting the Creditors to the expense of constituting them.
In the second place, In the event of my said spouse surviving me I appoint my said Trustees to pay to her a liferent annually of £600 sterling during all the days of her life, the said annuity to be payable half yearly at the terms of Whitsunday and Martinmas by equal portions beginning the first half yearly payment at the first of these terms which shall happen after my decease for the half years immediately succeeding and so on half yearly during the life of my said spouse with interest thereof from the term of payment until paid; and to answer the said liferent annuity I direct my said Trustees to lay out as soon as it can be realised from my funds the sum of £12000 sterling or such other principal sum as will be sufficient to afford interest equal to the said annuity and that upon good heritable security if it can be obtained, and if not then upon the best personal security the Bond to be taken payable to themselves and the interest to be set aside by them for paying the sd annuity during the life of my said spouse and after her death the said principal sum shall fall and accrue to the remainder of the trust estate and be deviseable as after directed. I further direct my said Trustees to deliver over to my said spouse in case of her surviving me such part of my plate bed and table linen and furniture to be used by her during all the days of her life and after her decease to fall and accrue to the Trust Estate; the remainder of my furniture to be sold and the proceeds added to the Trust Estate and also to pay her immediately on my decease the sum of £150 sterling for mournings for herself and for such of my daughters and sons as may be then in family with her and also the sum of £50 stg per calendar month from the time of my decease till the term when her first half years annuity becomes due and which is to be applied by her for the subsistence of the family for that period.
In the third place in respect of my having granted a certain provision on behalf of the wife and children of James Dunlop my eldest Son now deceased and in respect of certain sums paid to him by me during his lifetime he and his family are already sufficiently provided for out of my Estate, but I hereby direct my said Trustees to make payment of the sums of £500 Sterling to the children alive at my decease of my said son James Dunlop , and that equally among them share and share alike payable at the first term of Whitsunday or Martinmas after my decease, with interest thereafter during the not [?] payment and in case of any of them predeceasing me leaving issue such issue to come in place of their parent and receive the share which he or she would have received had he or she survived – Which sum together with the provisions above alluded to as granted by me to the wife and family of my said Son James Dunlop and the sums advanced to him during his lifetime I hereby declare to be in full of all legitim havins [?] part of gear executry or other right whatsoever which the said James Dunlop or those in his place could have claimed or which his heirs executors and successors may in any wise claim by and through my decease or by and through the decease of the said Mrs Bruce Ellis or Dunlop my spouse should she happen to predecease me.
In the fourth place I direct my said trustees to set aside for each of my daughters Cleland Dunlop Bruce Dunlop and Margaret Dunlop who shall survive me the sum of £4000 Stg each – and which shall be set aside at the following date or dates that is to say in the event of my predeceasing my said spouse the sum of £3000 Sterling thereof shall be so set aside for each of my said daughters, subject always to the provisions and declarations herein after contained at the first term of Whitsunday or Martinmas after my decease and the balance being £1000 Sterling at the first of the said terms which shall happen after the decease of my said spouse, but in case my said spouse shall predecease me, then the whole sums of £4000 Sterling each shall be so set aside for each of my said daughters at the first term of Whitsunday or Martinmas which shall happen after my [p. 370] death subject always to the provisions and declarations after mentioned. And I hereby declare that the sums above directed to be set aside for my said daughters shall be disposed of in manner following and no otherwise That is to say during the minority of each, I direct my Trustees to pay out of the proceeds of the sum set aside the board of £70 Sterling yearly after mentioned and such further sum as they may find necessary for clothing + education the balance of any such proceeds being added yearly to the Capital Stock set aside for each; and on their respectively arriving at majority and during the time they shall thereafter remain unmarried I direct my said Trustees to pay to them the annual proceeds of the sums which are so set aside and in the event of the death of any of them after me, but before majority and without issue then I direct my said Trustees to make over to their respective executors the principal sum or sums so set aside; and in the event of the marriage of any of my daughters with the consent of my said spouse or in Case of her death the Consent of a majority of my Trustees and provided likewise that a proper settlement is executed to the satisfaction of a majority of my said Trustees I hereby direct that there shall be paid over to her one half of the said sums (that is to say one half of the Sum of £3000 or of he sum of £4000 and of the accumulation thereon according as my said spouse may then have deceased or be in life and in the event of her being in life the half of the said sum of £1000 being paid at the first term of Whitsunday or Martinmas after her decease) And I direct my said Trustees in the event of the [p.371] marriage of any of my daughters consented to as aforesaid and whereas Settlement to the satisfaction of a majority of them is executed, to retain the other half of the said sums and accumulation thereon, and in the event of the marriage of any of my said daughters without the consent above mentioned or without a Settlement being executed to the satisfaction of a majority of my Trustees then I appoint them to retain the whole of the sums set aside as aforesaid with the accumulation thereon such retention in both events (that is to say whether of the half or of the whole sums set aside for such daughter with the accumulation) to continue all the days of the life of such daughter and I appoint my Trustees to pay to her the interest of what is so retained during her life and at her death to the pay the principal to her children in such manner as she may have appointed by a writing under her hand and failing such appointment then equally among such children share and share alike and failing her having issue of the marriage then the said principal sum to be paid to her heirs executors and assignees declaring that the jus mariti of the husband of my said daughter shall be as the same is hereby expressly excluded in so far as regards the said sum or sums and accumulation retained under the direction contained above and the interest thereof and declaring that none of these shall be affectable by the debts or deeds of such husbands or attachable at the instance of their Creditors and that the receipts and other writings of my daughters alone and without Consent of their husbands shall be sufficient in all matters connected with the said monies and in case of the death of any of my said daughters before me and leaving issue I direct the sums which under this deed would have been set aside for such daughter to be paid to her children in such proportions as she may have appointed and failing such appointment equally among them share and share alike and that at the date or dates when the same would have fallen to be so set aside with interest thereafter during the not payment and it is hereby declared that in case my Trustees shall not find it [372] convenient to advance the principal Sums which may have become payable to my said daughters and their children under the above directions at the terms at which the same may become due and be payable then and in that event they shall be entitled to retain the said principal sums (paying always the legal interest thereof) until such time as they find it convenient to pay the same, so as the business of Cotton Spinning carried on by my sons or some of them may not be distressed –
In the fifth place, I direct the whole rest remainder and residue of my estate and effects heritable and moveable real and personal including the sum set apart for the liferent annuity of my said spouse on her decease if she survives me or on my decease if I survive her and furniture and other articles liferented by her when they fall on the same event into the Trust Estate to be divided equally among my sons Henry Dunlop Charles Dunlop William Dunlop John Dunlop and Colin Dunlop share and share alike and failing any of them before my decease having issue the share which would have fallen to the deceaser if he had survived to be made over to his issue in such proportions as he may have appointed and failing such appointment equally among them share and share alike but failing any of my said sons before me and without issue then the deceasers share to accresce and accrue to the survivors of my said named sons equally share and share alike + to the children of the deceasers who shall come in place of their parent in such shares as such deceaser may appoint by a writing under his hand and failing such writing equally among them the share which would have fallen to him if he had survived which shares of my several sons shall be payable or made over to them as follows vizt one fourth thereof upon their respectively arriving at majority and the remainder either then or at such other time or times as my Trustees shall consider to be proper but [373] such remainder to be at all events paid or made over to them upon their respectively arriving at the age of twenty five years and the interest or proceeds of the whole or of the part retained being paid over to them yearly from and after my decease until the sums are paid up under the qualification contained in the fifth place applicable to the period before their arriving at majority and under the other qualification contained in the sixth place; which several provisions herein contained in favor of my said sons Henry Charles William John Dunlop and Colin and my daughters Cleland, Bruce and Margt Dunlop I hereby declare to be in full of all legitim bairns part of gear executry and every other claim whatever which they or any of them or their heirs and successors may in any wise have by and through my decease or by and through the decease of my said spouse should she predecease me; And I Bruce Ellis or Dunlop spouse of the said James Dunlop do hereby accept of the provisions in my favor contained in these presents in full of all teace [?] jus relictae half or third of moveable and every other claim whatever which I could make on the decease of the said James Dunlop my husband or which in case of my predeceasing him my heirs Executors or successors could make on my decease In the fifth place I direct my said Trustees to employ such part as they may think necessary of the annual proceeds of the shares of my sons and daughters who have not arrived at majority at the time of my decease in alimenting clothing and educating them the remainder to be added yearly to the principal stock and this until they respectively arrive at majority –
In the sixth place I wish my children to remain in family with their mother until they settle in life, and I direct my said Trustees to pay her Seventy pounds Sterling out of the interest of their respective portions for each, as bed board and washing the expenses of their education and clothing to be paid out of the interest of their portion over above.
In the Seventh place I direct my said Trustees in my decease to sell to such of my sons as may [374] be twenty one years of age and either are or incline to go into the Cotton Spinning business, all the Mills Machinery and every thing connected with my business of Cotton Spinning which may then belong to me and that at the price at which they shall stand valued at the last preceding balance in my books the price to bear interest from the time possession is given to them and to be paid in five equal instalments the first payable one year after possession the second two years the third three years the fourth four years the fifth five years if my said children and all of them decline to purchase the said Mills Machinery and other things connected with the Cotton Spinning business then I appoint my said Trustees to dispose of the same by public roup[?] or private bargain as they shall best for the interest of my children; but though I state this mode of settlement as what appears to me at present reasonable I leave it with my Trustees to alter the terms of payment if they Consider it to be proper and to give larger credit to the purchasers of the mills and machinery and if it shall happen that my funds cannot with safety and without detriment to those of my children who may be in possession of the Mills and machinery, be realised so as to pay the shares or portions of shares of my children ar the periods before directed then the payment according to the discretion of my trustees shall be deferred until the money necessary for these purposes can be recovered. And I authorise my said Trustees to settle with the Company in which I may be engaged at my decease in the way they consider most proper.
In the Eighth Place, I direct my said Trustees to lend out to my sons who may be in business the shares or part of shares either of my sons or daughters which by this deed are directed to remain under their management and that during the period they are to remain or so long as they shall judge it expedient upon my said sons granting proper security therefore over their [375] Cotton Mills or other heritable property;
And first I hereby declare that it shall be in the power of my said Trustees name dor to be named accepting or the survivors or survivor of them when they or he shall judge proper to assume into the said trust such person or persons as they or he may think fit who shall have all the powers and privileges which are hereby conferred on themselves and among others that of choosing other Trustees in the same way;
and Secondly it is hereby declared that the said Trustees and their successors shall not be liable for omissions or for not doing diligence or in solidum for one another but each shall be liable only for his own actual intromissions
and third I hereby empower them to name Factors and appoint men of business under them who shall receive a suitable allowance for their trouble and for neither of whom shall they be answerable further than that they are reputed solvent and in good credit at the time;
And fourth I hereby Nominate and Appoint my said Trustees and their foresaids to be Tutors and Curators to such of my children as may be under majority at the time of my decease during the whole years of their pupillarity + minority
And fifth I hereby appoint them and their foresaids my true and lawful executors and only intromitters with my whole moveable and personal Estate after my death secluding all others from that office with power to expede Confirmations + eik [?] thereto if necessary but declaring that any inventory or list of debts to be annexed hereto shall be sufficient to supersede the necessity of Confirmation;
Sixth reserving always to myself at any time of my life and even on deathbed by any Deed under my hand full power of liberty either to Nominate and Appoint other persons trustees in the room of any one or more of those hereby named or to add others to their number, as I may see proper who shall have the same powers and privileges as those above named. In which subjects generally and particularly above Conveyed I Bind and Oblige myself and my foresaids to infest and seise the said Trustees and their foresaids and that by two several [376] infestments and manners of Holding the one thereof to be held of me and my foresaids in free clench [?blench] for payment of a penny seats yearly upon the ground of the subjects respectively if asked only and relieving us of the feudaties [?] and services paybel by us to our superior thereof and the other of the said infestments to be held from us of and under our immediate lawful superior thereof respectively and that as freely and by the same tenure as we hold or might hold the same and that either by Confirmation or resignation or both the one without prejudice of the other and for completing the said Infestment by Resignation in the subjects in which I myself may be infest i bind myself and my foresaids to grant prories [?] of resignation and other deeds necessary And that my said Trustees may be infest in the foresaid subjects in which I myself may not be infest at the time of my death I hereby Assign and Convey to my said Trustees and their foresaids all charters dispositions contracts heritable bonds or other rights and securities and all procuratories of Resignation and precepts of Seisine and assignations thereto in my favor that in virtue thereof and of these presents they may be infest and seised in the said subjects And I Bind and Oblige myself and my foresaids to warrant this disposition and all deeds and writings to be granted by my said Trustees in purpousice [?] of the purposes hereof at all hands and against all deadly And I hereby reserve full power to me at any time of my life and even on deathbed to revoke alter cancel or annul these presents in whole or in part or to create other or new purposes for the application of my Estate. And I dispense with the delivery hereof and declare this deed wherever found after my death to be as valid and effectual as if delivered by me in my lifetime; And I reserve to myself my liferent use of the whole subjects before conveyed And if the said Bruce Ellis or Dunlop consent to the Registration hereof in the Books of Council and Session or others competent for preservation and that letters of horning on six days charge [377] and all other necessary execution may follow on a Decree to be interposed [?] hereto in common form and thereto Constitute
[Pror4 ??] Moreover in order that my said Trustees named or to be named accepting and the survivors or survivor of them and their foresaids may be infest and seised in the foresaid subjects I hereby desire and require you and each of you my bailies in that part hereby specially constituted that on sight hereof ye pass to the ground of the subjects before conveyed respectively and successively and there Give and Deliver to them and their foresaids heritable state and seisine real actual and corporal possession of all and whole the subjects before conveyed and that by delivery to them or their foresaids or their certain attorney or attornies in their names bearers hereof of earth and stone of + upon the ground of the said subjects respectively and successively and all other symbols usual and necessary and this in no ways ye leave undone which to do I commit to you and each of you full power by this my precept of seisine directed to you for that effect
In witness thereof these presents written upon this and the eight preceding pages of stamped paper by Walter Rutherford Clerk to William Ellis Writer in Edinburgh Are subscribed under this declaration that the annuity provided to my said spouse if £600 by us at
Glasgow the 4th day of April 1826
before these witnesses the said William Ellis + John Murray servant to me the said James Dunlop (sigd) James Dunlop B Dunlop Wm Ellis witness John Murray witness Recorded in the Books of Council + Session the 1 Augt 1826.
p620
At Glasgow the 12th day of July
Dunlop 1827 years Compeared Moncrieff Finlayson
£350 + Moncrieff Writers in Glasgow + gave in the Inventory to be recorded whereof the tenor follows
Inventory of the personal Estate of James Dunlop Cotton Spinner in Glasgow who died at Glasgow upon 3 day of July 1826 with interest due on principal sums at that date given up by Henry Dunlop Cotton Spinner there one of the Executors nominated and appointed by the deceased by his Trust Dispositions and Deed of settlement dated the 4th day of April 1826 and recorded in the Books of Council + Session the 1st day of Augt 1826
1. Sums at the Credit of the deceased in the books of James Dunlop + Sons Cotton Spinners in Glasgow of which Company he was a partner 13005.17.4
2. The deceased’s household furniture bed and table linen plate &c both in the deceased’s house in town & in his country house conform to inventory + valuation by Thomas Watson [?] Auctioneer in Glasgow here [621] with exhibited 1184.5.2
3. Ten shares of the Capital stock of the Benhar [?] Railway Company on which there has been paid up £1 per share 10._._
4. Fifteen shares of the Capital stock if the Commercial Bankg Company of Scotland valued at £160 per share £2400._._
Dividend thereon 72 2472._._
5. 105 shares of the Capital stock of the Edinburgh + Glasg Union Canal Company valued at £24 per share 2520._._
6. 100 shares of the capital stock of the Scottish Union Insurance Company on which there has been paid £1 per share 100._._
Dividend thereon 5._._
7. Ten shares of the Capital stock of the Manchester Insurance Company on which there has been paid up £1 per share 100._._
Dividend thereone 3.10._ 103.10._
8. Sum due to the deceased by Charles Dunlop his son 100._._
9. Sum due to the deceased by Henry Dunlop his son 889.12.4
10. Value of an old carriage + horses (omitted in valuation of furniture)
£60
Gig (also omitted) 15 75._._
Value of the deceased’s Estate in Scotland £20465.4.10
Note the only other property belonging to the deceased consisted of heritage situated at Glasgow Largs + Gateside all occupied by himself + family including 2 cotton mills + machinery therein
At Glasgow the 12th day of July 1827 years In Presence of William Rose Robinson Esquire Commissary of Lanarkshire Appeared Henry Dunlop Cotton Spinner there who being solemnly sworn and examined depones that the said James Dunlop died upon the third [622] day of July 1826 and the Deponent then entered upon the possession and management of the deceaseds personal Estate along with the other Executors nominated by him in a Trust Disposition and Deed of Settlement dated the 4th day of April 1826 and recorded in the Books of Council + Session the 1st day of Augt thereafter, an extract whereof is now exhibited and signed by the deponent and the said Commissary of this date as relative hereto That the deponent does not know of any settlement or writing relative to the disposal of the deceaseds personal Estate or Effects or any part of them other than that now exhibited – That the said Inventory each page of which is signed by the Deponent and the said Commissary as relative hereto is a full + true Inventory of all the personal or moveable estate + effects of the said deceased wheresoever situated already recovered or known to be existing belonging or due to him benefically at the time of his death+ that the value of the said Estate situated in Scotland is of the value of £20,000 and under the value of £25,000 sterling All which is truth as the Deponent shall answer to God (sigd) Henry Dunlop WRRobinson.
