Will of Andrew Hendry 1906
COPY TRUST DISPOSITION and SETTLEMENT by Andrew Hendry
I, ANDREW HENDRY, Joiner, Gladsmuir, in order to regulate the succession to my means and estate after my death, do hereby give, grant, assign and dispone to and in favour of the Reverend Bruce McEwan, Minister of the Parish of Gladsmuir, and John Dods, Joiner, Gladsmuir, and such other person or persons as I may hereafter nominate or appoint to act in the Trust hereby created, or as may be assumed therein, and the acceptors and acceptor survivors and survivor of the persons above named, or to be named or assumed as aforesaid, the major number accepting and surviving and resident in Great Britain for the time being a quorum (the said Trustees named and to be named or assumed as aforesaid being hereinafter denominated "my Trustees"), the whole means and estate heritable and moveable, real and personal, of every kind and description, and wheresoever situated that shall belong to me at the time of my death, together with the writs, titles and vouchers of the same, but that only in trust for the uses and purposes and to carry out the provisions and instructions aftermentioned vizt: - (First) To pay all my just and lawful debts, deathbed and funeral expenses of executing the Trust; (Second) To give to my sister Elizabeth Hendry, in the event of her surviving me, during all the days of her life, the liferent use and enjoyment of the whole household furniture and plenishing which shall belong to me at the time of my death; (Third) To pay to the said Elizabeth Hendry in the event of her surviving me, during all the days of her life, the whole of the annual income or produce of the remainder of my said means and estate, and also such part of the capital as she may require for her comfortable maintenance and support, and (Fourth) on the death of the said Elizabeth Hendry, in the event of her surviving me, or on my own death in the event of her predeceasing me, to realise the residue and remainder of my said means and estate and divide the free proceeds equally between my grandchildren Christina Gowans and Janet Gowans; And I authorise my Trustees to sell my means and estate and that either by public roup or private bargain and to endeavour to arrange for Andrew Smith, Joiner, nineteen Panmure Place, Edinburgh, becoming tenant of the shop after my death and taking over the stock in trade and effects at valuation; And I also authorise my Trustees to appoint a Law Agent and to allow him the usual remuneration: Declaring always that my Trustees shall have full discretionary powers as to the sums to be paid out of capital to my sister Elizabeth and shall not be liable to be called to account for any payments so made by them, nor shall they be liable for omissions or neglect of management, or for the insolvency of debtors, or in respect of any appointment of any Law Agent under them, nor shall they be obliged to do any other diligence against debtors than to them shall seem proper: And I nominate my Trustees to be my Executors; And I reserve my own liferent; And I revoke all prior settlements executed by me; And I dispense with the delivery hereof; And I consent to the registration for preservation. IN WITNESS WHEREOF, these presents written on this and the preceding page by Arthur Richardson, Apprentice to George Rattray, Solicitor, Haddington, are subscribed by me at Gladsmuir on the tenth day of April Nineteen hundred and six before these witnesses the said George Rattray and William Hendry, Roadman, Cottyburn in the Parish of Gladmuir.
(Signed) Andrew Hendry, Geo. Rattray witness, William Hendry witness.
I Andrew Hendry designed in the foregoing Trust Disposition and Settlement do hereby recall the appointment of the Reverend Bruce McEwan and John Dods as Trustees and Executors and appoint Matthew Gowans, residing at fifty nine East London Street, Edinburgh, and William Hendry, Roadman, Cottyburn, to be Trustees and Executors with the same powers discretions and immunities and to the same effect in all respects as if they had been appointed in the said Trust Disposition and Settlement, and except as altered by the Codicil I confirm said Trust Disposition and Settlement.
IN WITNESS WEREOF, theses presents written by Arthur Richardson, Apprentice to George Rattray, Solicitor, Haddington are subscribed by me at Gladsmuir on the twenty fourth day of April Nineteen hundred and six before these witnesses John Dods, Joiner, Gladsmuir, and the said Arthur Richardson. (Signed) Andrew Hendry, John Dods witness, Arthur Richardson witness.
Haddington 1st August 1906. The foregoing are the Trust Disposition and Settlement and relative Codicil by Andrew Hendry, Joiner, Gladsmuir, referred to in my deposition of the date.
(Signed) Matthew Gowans, A. Falconer J. P.