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The following is the transcribed Will of David Douglas Bannerman, Abernyte House. The first page has been uploaded as an image and the remaining original document scans are attached, below.
Extract Registered Settlement by Reverend David
Douglas Bannerman.
In presence of
Andrew Jameson Esquire Advocate Sheriff of Perthshire, compeared Sommerville Greig, Writer to the Signet,
Edinburgh as procurator for the Executrix after named and designed, and gave in
the Extract Registered Settlement by Reverend David Douglas Bannerman after designed and the Inventory of his Estate
( duly stamped with one hundred and sixty three pounds ten shillings and ten
pence sterling of duty) and oath there on afterwritten desiring the same to be
recorded in the Register of Inventories of Personal Estates kept at Perth for
the county of Perth conform to the Act of Parliament which desire the said
Sheriff found reasonable and ordained the same to be done accordingly the tenor
whereof follows: at Edinburgh the thirteenth day of April one thousand nine
hundred and three the Deed hereinafter engrossed was presented for registration
in the Books of Session for preservation and is registered in the said books as
follows:-
I, the Reverend
David Douglas Bannerman of Abernyte, Perthshire, Doctor of Divinity considering
that by ante nuptial contract of marriage entered into between me therein
designed colleague minister of the Free Church congregation at Dalkeith and Mrs
Margaret Helen Omond now Bannerman, my wife, dated second June Eighteen hundred
and sixty nine. I inter alia provided my said wife in case she should survive
me in a free life rent annuity of Three hundred Pounds sterling but
restrictable as herein mentioned and in security of payment thereof disponed to
her the lands of Abernyte hereinafter mentioned and being desirous in place
thereof to provide her in a liferent of the said lands including the Mansion
House and office of Abernyte therefore in the event of my death and of my said
wife surviving me: I do hereby Dispone to and in favour of the said Mrs
Margaret Helen Omond or Bannerman in life rent for the liferent use, all and whole of the land of Abernyte and
others belonging to me lying in the parish of Abernyte in the county of Perth
being the lands and others particularly described in the Disposition granted by
Mrs David Ann Douglas or Bannerman, widow of the deceased James Bannerman, Doctor
of Divinity, Professor of Divinity in the New College, Edinburgh, my mother and
other Trustees under the Trust Disposition and Settlement of the said James
Bannerman in my favour dated the seventh, tenth, twelfth and sixteenth
days of September and registered in the
General Register of Sasines at Edinburgh the seventh day of October all in the
year Eighteen hundred and sixty eight, and also the house and garden at Balfour
of Abernyte bought by me from John Whittet Abernyte and known as the Bield.
Declaring that the said Mrs Margaret Helen Omond or Bannerman shall have power
to cut trees in the Policy of the woods as in the ordinary course of management
as if she were the feur but not to cut them down to an excessive extent: and
she shall have full power to erect a hall or other buildings in the village of
Abernyte taking for the purpose not more than one acre of ground and to provide
for the management and disposal of such hall or other buildings as she may
think right.
With entry as at
the day of my death and I assign the writs so far as necessary for defending my
wife in her said liferent and I assign the rents, Declaring as it is hereby
specially provided and declared that all the other provisions in favour of my
wife contained in the said Ante Nuptial Contract of Marriage, including the
conveyance to her therein of all my household furniture and plenishing which I
hereby declare shall include all the furniture and plenishing belonging to me in Abernyte House, shall remain in full
force and effect in so far as not affected by these presents: And further I
hereby dispone the feu of the said lands and estate and others to my brother Dr
William Burney Bannerman of her Majesty’s Indian Medical Service and his heirs
and assignees whomsoever but under burden always of the said liferent in favour
of my wife and also under burden of payment to my brother James Patrick
Bannerman Writer to the Signet, Edinburgh or his children of the sum of One
hundred pound a year for five years from the first term of Whitsunday or
Martinmas after the termination of the said liferent payable half yearly at
Whitsunday and Martinmas by equal portions beginning the first payment at the
first of those terms that shall happen after the termination of said liferent with
a fifth part more penalty in case of failure in the punctual payment thereof
and interest at the rate of five per cent per annum from the terms the same
shall respectively become due until payment or in the option of the said
William Burney Bannerman or his aforesaids of a single payment of five hundred
pounds and also under burden of payment of the sum of one hundred pounds a year
for three years from the first term of Whitsunday or Martinmas that shall
happen after the term: ination of said liferent to be divided equally share and
share alike among my sisters Miss Mary Turing Bannerman, Mrs Jemima Margaret
Bannerman or Lorimer and Mrs Katherine Maria Bannerman or MacKay and the
survivors and survivor of them, the children of any who shall predecease always
taking the share that would have fallen to their parent had she survived:
payable said sum of One Hundred Pounds at two terms in the year Whitsunday and
Martinmas by equal portion beginning the first payment of these terms that
shall happen after the termination of said liferent with a fifth part more of
penalty in case of failure and interest at the rate of five per cent per annum
from the respective terms the same shall become due till payment and further
being desirous to provide for settlement of my affairs otherwise in the event
of my death, I do hereby leave and bequeath all my books of a theological of
ecclesiastical kind along with those belonging to the library of Doctor Adam
Smith ( The clause here deleted has
been already implemented by me DDB) to the library of the new collage,
Edinburgh after my wife has chosen from them a few she may wish to retain and
all my other books of every kind and also all pictures and prints in my
possession to my said wife: and after payment of all my just and lawful debts
and funeral expenses I do hereby leave and bequeath the sum of Twenty Pounds
sterling free of Legacy Duty payable at the first term of Whitsunday or
Martinmas after my death to Charles Rattray, gardener , Abernyte, whom failing
to his wife if she shall survive him in
token of my warm appreciation of their long and faithful service and all the
residue and remainder of my movable and personal means and estate and effects
to my sisters, the said Miss Mary Turing
Ann Bannerman, Mrs Jemima Margaret Bannerman or Lorimer and Mrs Katherine Maria
Bannerman or MacKay equally among them shared and share alike and the survivors
or survivor of them I hereby appoint my residue legatees or legatee the issue
of any who shall predecease me always
taking the share their parent would have received had she survived per
stirpes. I do not leave any money to my sister Mrs Cecilia Helen Bannerman
or Brown as she is sufficiently provided for otherwise but I leave her my copy
of Milton’s Prose Works (two volumes) with any other book in English or French
literature which she may wish to select in token of my warm affection for her.
And I hereby nominate and appoint my said wife Mrs Margaret Helen Omond or
Bannerman whom failing my brothers, the said James Patrick Bannerman and
William Burney Bannerman or the survivor of them to be my sole Executrix or
Executors for carrying these presents into effect with all the powers competent
to an Executor. And I reserve to myself
the liferent of the said lands and estate and of my other means and estate and
also full power at any time to alter innovate or revoke these presents in whole
or in part as I shall think proper and I shall dispense with the delivery
hereof and I consent to Registration hereof for preservation. In witness whereof I have subscribed these
presents written on this and the preceding pages by Robert Gibson Bowie, Clerk
to Sommerville Greig Writer to the Signet, Edinburgh at Gilmerston by Crieff on the eighth day of July Eighteen
hundred and ninety two years, before these witnesses William Cowan and John
Cowan both Shoemakers at Gilmerston aforesaid.
Signed
D D Bannerman
William Cowan -
Witness
John Cowan –
Witness
Extracted from
the Register of Deeds in the Books of Council and Session on the eleven
preceding pages, by me, Keeper of said Register ( Signed) J A Cameron,
Edinburgh 3rd September 1903.
This is the Extract Registered Settlement referred to in my affidavit of
this date relating to the Inventory of the Estate of the late Reverend David
Douglas Bannerman of Abernyte, Perthshire,
Doctor of Divinity (Signed)
Margaret H Bannerman, William Graham JP for the County of Midlothian.
Inventory of the
personal moveable Estate and effects wheresoever situated of the late David
Douglas Bannerman of Abernyte, Perthshire, Doctor of Divinity, who died at
Northbank, Craigie, Perth on the Fifth day of April 1903
Cash in the house
|
4
|
4
|
0
|
Household furniture, silver
plate and personal effects belonging to deceased at Northbank, Craigie, Perth
conform to appraisement
|
185
|
19
|
9
|
Household furniture belonging to
deceased at Abernyte house, Perthshire
|
80
|
3
|
0
|
Sum in Account Current with the
Union Bank of Scotland, Perth
|
|
10
|
6
|
Sum in account Current with the
Saving Bank of the County and City of Perth
|
83
|
8
|
3
|
Interest thereon to date of
death
|
|
18
|
10
|
Amount due from the Sustenation
Fund of the United Free Church of Scotland
|
67
|
9
|
2
|
Balance of Supplement due by the
Congregation of the United Free Church of St Leonards, Perth
|
3
|
3
|
6
|
Proportion of rents of the
Estate of Abernyte due to the deceased at date of death viz.
Rent payable by Mr J Douglas
Campbell for Mansion House, Offices, Gardens, Shooting and Parks at Abernyte
to Whitsunday 1903 was paid in advance so that no proportion was due to the
deceased at date of death. Proportion of ½ years rent due by Mrs Katherine
Miller for Abernyte Farm and House from 11th November 1902 to date
of death.
Ditto by Mr James Auchterlonie for the Farm
and House, Lands and Woodlands of South Latch Farm. Ditto of rent due by Misses Margaret and
Ann Gillies for Balfour Cottage
|
81
16
3
|
13
13
3
|
9
8
6
|
Proportion of rent due by David
Greig Blacksmith for Cottage and Garden Abernyte from 11th
November 1902 to date of death
|
2
|
8
|
|
Ditto Donald Shaw, Shepherd
|
2
|
7
|
8
|
Ditto James Reid
|
4
|
3
|
5
|
Ditto Margaret Whittet
|
2
|
|
1
|
Ditto William McKinnon Taylor
|
|
15
|
10
|
Ditto Laurence Thomson, Labourer
|
2
|
7
|
8
|
Ditto George Stewart, Joiner
|
2
|
15
|
7
|
Ditto James Will, Forrester
|
1
|
7
|
9
|
Ditto Robert Douglas
|
3
|
7
|
6
|
Ditto John Greive, Confectioner
|
2
|
1
|
8
|
Total amount of
personal Estate in Scotland £577 18s
3d
Signed Margaret
H Bannerman
William Graham
JP
Note of Funds
due to the deceased in Trust as sole surviving Executor of the late Mrs Louisa
Cecilia Smollet or MacFarlane, widow of Dr MacFarlane, Dalkeith £31 10s
Balance of Legacy of £105 bequeathed to the said Mrs Louisa Cecilia
Smollett or MacFarlane by the late Mr
James Ewing of Levenside with the interest due thereon ( signed) Margaret H
Bannerman, William Graham JP at
Edinburgh the third day of September nineteen hundred and three in the presence
of William Graham Esq, one of His Majesty’s Justices of the Peace for the
County of Midlothian. Appeared Mrs Margaret Helen Omond or Bannerman widow of
the late Reverend David Douglas Bannerman of Abernyte, Perthshire, Doctor of Divinity
of Northbank, Craigie, Perth who being solemnly sworn and examined Depones that
the said Reverend David Douglas Bannerman pf Abernyte, Perthshire, Doctor of
Divinity died at Northbank, Craigie, Perth upon the fifth day of April nineteen
hundred and three, domiciled in the County of Perth in Scotland.
That the
Deponent is the sole Executrix of the deceased nominated in a Settlement
executed by him dated Eight day of July Eighteen Hundred and Ninety Two and
recorded in the Books of Council and Session the Thirteenth day of April
Nineteen Hundred and three an Extract of which is now exhibited and signed by
the Deponent and the said William Graham: as relative hereto. That the Deponent has entered or is about to
enter upon the management of the deceased’s estate as Exec