Will of William Brash 1915
I, William Brash, presently residing at number Fifteen Dublin Street, Edinburgh, in order to settle the succession to my means and estate after my death Do Hereby nominate and appoint John Farquharson Macdonald, Solicitor, Fifty George Street, Edinburgh, whom failing James Kidd Andrews, Solicitor, Supreme Courts, Edinburgh, as my Trustee and Executor; And I Assign, Dispone, Devise, Legate and Bequeath to him as Trustee under these presents, and of such other person or persons as I may hereafter name, or as may be assumed by the Trustees or Trustee acting for the time being under these presents in the Trust hereby created (the person or persons acting for the time as Trustees or Trustee under these presents being hereinafter referred to as "my trustees" and a majority of my Trustees resident in the United Kingdom for the time being always a quorum) the whole means and estate, heritable and moveable, real and personal, wherever situated, which shall belong to me or over which I may have power of disposal at the time of my death, in trust for the following purposes namely, (First) For payment of all my just and lawful debts, sick-bed and funeral expenses, and the expenses of executing this Trust; (Second) I direct my Trustees to pay or make over any Legacy or Bequest which may be contained in any writing under my hand subsequent to the date of these presents, however informal the same may be, provided it be clearly expressive of my intentions, as to which my Trustees or Trustee shall be the sole judges: (Third) I Bequeath the whole of any monies in the Edinburgh Savings Bank, Bank Street, and any other monies I may have, as follows :- (1) Two-thirds thereof to my grand-niece Eleanor Brash Gaines, and One-third to my niece Catherine Smith or Gaines, wife of and residing with Edward Gaines at number Nine Montgomery Street, aforesaid: Declaring That in the event of the death of the said Eleanor Brash Gaines the share which would have fallen to her to be taken by my niece the said Catherine Smith or Gaines, and that in the event of the death of the said Catherine Smith or Gaines the share which would have fallen to her to be taken by the said Eleanor Brash Gaines; Further Declaring that in the event of the death of both of the said Eleanor Brash Gaines and Catherine Smith or Gaines the shares which would have fallen to them to be paid to my grand-niece Eleanor Brash Bone, and that failing all these three the whole to be divided equally between my late sister Eleanor's grand-daughters: but in the event of the sum in Bank being above Forty pounds I Bequeath the sum of Five pounds to my niece Isabella Brash Smith, if unmarried: And authorise and empower my Executor to pay that sum to her accordingly: (Fourth) I make the following specific Bequest, (1) To Willie Gaines, son of Mrs Catherine Smith or Gaines, my Silver Watch, (2) To Jacky Bone my Chronograph Watch, and (3) To my nephew, Andrew Brash Smith, my Gold Albert and Seal, to whom I also bequeath my Medal Case, Military Papers, and Silver-headed Cane, with the pious wish and desire that these articles shall be kept by him, as far as possible, in the Brash Family; Declaring That the share of my estate falling to the said Eleanor Brash Gaines shall be payable to her on her attaining the age of twenty-one years, or being married, whichever event shall first happen, and that on her own receipt, Declaring Further that the same is not to be subject to the debts or deeds of any husband she may have married, but is to be purely alimentary, and to be payable to her on her own receipt alone, with power to my Executor to break in upon and apply any part of the Capital to the upkeep, maintenance, and education of the said Eleanor Brash Gaines, until she attains the age of twenty-one years, and that in his dole discretion: With reference to my Body Clothes and Wearing Apparel, it is my wish and desire that my nephew Andrew Brash Smith shall with the assistance of my niece Catherine Smith or Gaines, distribute these amongst my friends and relations as to them seems best: Declaring that the said John Farquharson Macdonald, or any one of my Trustees who may act as Law Agent, shall be entitled to charge and receive the usual professional fees for any business done by him or them in the Trust; And I revoke all further testamentary Writings executed by me; And I reserve my own liferent and right to alter or revoke these presents in whole or in part: And I consent to registration hereof for preservation: In witness Whereof these presents typed on this and the preceding page by Catherine Hynd, Typist to the said John Farquharson Macdonald, Solicitor, Edinburgh, Are Subscribed by me at Edinburgh on the Twelfth day of July Nineteen hundred and twelve before these witnesses the said Catherine Hynd and William Ruha Hutchison, Clerk to the said John Farquharson Macdonald. (Signed) William Brash, Catherine Hynd, witness, William R. Hutchison witness.
Edinburgh 31st March 1915. This is the Settlement referred to in my Deposition of this date in the Inventory of the Estate of William Brash. (Signed) J. K. Andrews, J. Steele.