Person:John Fothringham (2)

A transcription of his will:

I John Fothringham of Heathpool in the County of Peebles with the view of Settling my affairs and providing for the disposal of my means and estate after my death do hereby Give Grant Assign Dispone Convey and Make over to and in favor of John Laud Murray of Heavyside Lanarkshire the Reverend John Anderson Minister of Coulter Lanarkshire and William Duncan solicitor supra(?) Courts Edinburgh and to such other person or persons as I may hereafter nominate and appoint or as may be assumed into the Trust and to the acceptors or acceptor survivors or survivor of them and to the heirs of the last survivor of them as Trustees for the ends uses and purposes after mentioned In the first place All and whole the lands of Winkston and Heathpool marached and bounded by and with the lands of Winkston Windylaws Burnheadlaw coach Stuthope and Fowlage and the lewds paronsonage and vicarage of the said lands and had(?) parts pendicles privileges and pertinants whatsoever thereto belonging and which lands of Winkston and Heathpool are deliverted and plan thereof forming number thirty eight of Process of Declarator and Division and Sale raised in [?] eighteen hundred and forty eight before the court of session as the instance(?) of the now deceased Andrew Pluson Esquire of Hallyard as one of the pro indiviso proprietors of the said lands and [?sted] in at the instances(?) of his Trustees against the Reverend [?] Minister of the free Church Dalyiel and others and which plan is subscribed by Charles Clark Solicitor before the supreme Courts agents for the Trustees of the said Andrew Pluson and authorized so to subscribe and which lands as appears from the said plan consist of five hundred and nineteen acres imperial measure or thereby and which lands be in the Parish of Peebles and County of Peebles In the second Place All and whole that stable and Hayloft formerly a Dwelling house rebuilt my me some years ago lying on the West side of the Northgate of Peebles with the courtyard and piece of Garden Ground which stable and courtyard are bounded on the east by the coachhouses formerly belonging to Mr Phaderlash on the south by the property formerly belonging to Mr Symington on the north by the entry leading to the said stable and on the west by the garden formerly belonging to James King and which garden is bounded on the east by the garden formerly belonging to the said James King on the south by the garden formerly belonging to Mr Symington on the north by the garden belonging to Miss Marion Forbes and on the west by Eddeston Water all lying within the Burgh of Peebles. In the Third Place All and whole that house high and laigh with the yard belonging thereto lying in the Northgate of Peebles and Westside of the High Street thereof bounded by Peebles Water in the west, the houses and yard formerly belonging to Thomas Gibson afterwards to the deceased Mrs Janet Aightman or Gibson widow of George Gibson Esquire of Bouland and after disponed on the south the houses and yard formerly belonging to the heirs of John Giddes on the north and the north Gate Street on the East parts with the pertinents and free use and entry thereto, As also all and whole these other houses back and fore and yard lying in the Northgate of Peebles and westside thereof bounded of old betwixt the houses [?] to the heirs of John Dickson on the South Peebles Water on the west Clark Williamson’s houses formerly John Dicksons on the north and the High Street on the East with the whole parts pendicles and pertinents thereof, which several subjects last above described be together and are now bounded by the properties formerly belonging to James King and the heirs of Angus Teorlies on the sourth, Peebles Water on the west the properties formerly belonging to Thomas Ferguson Miss Davidson and on the north and by the north the Street on the East Parts In the fourth Place All and whole these five computed acres of land lying in the Kingsmuir of Peebles sometime possessed by the deceased Provost John Alexander proprietor thereof described in an Instrument of Lasme(?) in favor of John Ker Esquire of Kerfield added the eighteenth day of April eighteen hundred and twenty three and Recorded in the Registor of S(?) Reversions etc kept within and for the burgh of Peebles the same day as bonded by the said John Alexanders own lands on the east the lands formerly belonging to Treasurer Salton, thereafter to Archibald Murray on the north by the crossroad leading through the Kingsmuir on the south and the Common lean on the west parts with the whole parts and pendicles of the same together with the Lands parsonage and vicarage thereof As also all and whole that piece of land with the growing lumber thereon situated upon the west front of the said two computed acres of land above disponed and which piece of Land is part of all and whole these two acres two roods and twenty eight poles or thereby imperial measure with the growing lumber thereon acquired by the said John Ker from the Town of Peebles situated on the west part of the property, which belonged to the said John Ker in the part called the K?muir and bounded by the servitude roard leading to Ladningdales upon the west by the road leading through the Kingsmuir on the south the property of the said John Ker upon the east and by a line extending from the end of the wall bounding the said John Ker’s property on thereith to the said road upon the west all as delineated upon a plan made and by John Kershgale hand surveyor in Peebles and which lands above disponed were formerly enclosed by a stone wall and were bounded as follows viz on the east by the property of the late Sir Adam Hay Baronet on the north by my own property on the south by the cross road leading through the Kingsmuir and on the west parts by the common lean(?) In the fifth place All and whole there [?] the poles or therely [?] measure of law with the growing lumber thereon acquired by me from the Town of Peebles situated upon the west front of the property belonging to me in that part called the Kings Mall and bounded by the road leading to Loaningdale upon the west by a hut extended from the end of the wall above referred to bounding my property on the south to the said road upon the north by my property upon the east and by a line extended from the march between the properties of me and the late Sir John Hay of Hayston Baronet on the north to the said road on the north parts all as delineated upon a plan made out by John Bathgate Land surveyor in Peebles In the sixth place All and whole my [?] indivise two third parts or shares of First All [?] equal half of that acre of and lying in the Kingsmuir of Peebles which of old pertained to John Muir Provost of Peebles and which was formerly bounded by the said Kingsmuir on the east and sourth the leaning of the said Burghs leading from Peebles to Ca(?) upon the west and the land pertaining to the heirs of (?) John and Margaret Tweedie upon the north parts (second) (?) and equal half of that piece and portion of the said Muirland consisting of about three roods of land or thereby lying in the Kingsmuir of Peebles upon the westside thereof next to the Common loan formerly enclosed with a Dyke on the south and west sides thereof and formerly bounded as particularly described in the investitures thereof which part acre and piece of ground above described were purchased by Archibald Murray and John Fothringham then in Company Merchants in Peebles equally betwixt them from Margaret Hope daughter lawfully procreated betwixt the deceased Thomas Hope, Taylor Burgess of Peebles and Margaret Salton his spouse daughter of the deceased James Salton late Treasurer of the Burgh of Peebles with consent of Christopher Brown Wright in Biggar her husband Conform to disposition dated twenty fourth and twenty fifth day of November seventeen hundred and seventy three and recorded in the Burgh record of Peebles the twentieth day of July eighteen hundred and seven and which two pieces of land above mentioned with the two acres two Roods and twenty five poles acquired by me from the heirs of the late John Ker Esquire and also the twenty six poles acquired from the town of Peebles are now land with one field which is bounded as follows On the east by the lands belonging to the late Sir John Hay Baronet the south part by the lands belonging to the said Sir John Hay Baronet and the road leading through the Kingsmuir on the west by the leaving leading from Peebles Wlademuir and on the north parts by the lands belonging to the said Sir John Hay Baronet with the pertinents In the Seventh Place All and whole that pew in the new Church of Peebles marked number nineteen allocated and set off to the Burgh of the heretors of the Parish of Peebles and measuring nine feet in length or therely with the ground on which the same is erected conform to assignation by the magistrates of Peebles to the deceased John Forthringham dated seventeenth June seventeen hundred and eighty five And In the last place All and sundry other lands and bu??ages goods a?? debts and  ?? of money household furniture and in general the whole other estate and effects heretable and moveable real and personal of what kind and nature soever or wheresoever situated presently belonging or which shall pertain and belong to me, at the time of my death Together with the whole vouchers and matructions [?] titles and securities of and concerning my said estate and effects particularly any generally above conveyed and all that has followed or is competent to follow thereon And I do hereby nominate and appoint my said Trustees to be my sole Executors and only [?ers] with my whole moveable estate and effects Declaring always that these presents are granted in trust for the ends uses and purposes following vizt In the first Place I direct my Trustees to make payment of all my just and lawful debts sickbed and funeral expences and the expences of executing the Trust In the Second Place I direct and appoint my tp Assign Dispone Convey and make over to Mary Scott residing with … daughter of the Late Doctor James Scott Gilmarton and to her heirs & assignees whomsoever free of the expences of the Conveyance First All and Whole the lands of Wuikston and Heathpool and others being the lands and others hereuntobefore contained in the first Place with entry at the first term of Whitsunday or Martinmas after my death Declaring that the said Mary Scott and her foresaids shall have right to the whole rents of the said lands payable subsequent to the paid term of entry although the same shall be payable in respect of the possession of the same preor to the time of entry and my Trustees shall relieve her and her foresaids of all [?] and public and parochial burdens [?ible] for the same at and prior to the term of entry. Second All and Sundry the whole household furniture and household effects which shall belong to me at the time of my death including household furniture, silver plate bed and table linen china books, pictures paintings wines liquors and provisions and all household effects whatsoever with my watches jewellery and wearing apparel In the third place I direct and appoint my Trustees to make payment of the following Legacies free of legacy duties and expences Vizt To each of my said Trustees who shall accept office as Trustees under these pres...? the sum of nineteen pounds nineteen pounds nineteen shillings sterling To the said Mary Scott whom failing to her lawful issue equally among them per stirpes the sum of two hundred pounds Item To James Fothringham Flesher residing in Boston United States of America my nephew whom failing to his lawful issue equally among them per stirpes the sum of two hundred pounds sterling To Mrs Agnes Fothringham or Grieve my niece widow of Robert Grieve Mason residing at Cherry Creek Canada West whom failing to her lawful issue equally among them per stirpes the sum of two hundred pounds sterling Item to Mrs Janet Fothringham or Yorston my niece wife of William Yorston Flesher in Glasgow whom failing to her lawful issue equally among them per stirpes the sum of Two hundred pounds Sterling Item to the lawful issue of the late Mr Mary Anne Fothringham or Buchanan my niece who was the wife of John Buchanan Teach at Hurlaford near Kilmarnock equally among them per stirpes the sum of Two hundred pounds Sterling Item To Mrs Elizabeth Towers or Robertson residing in Biggar widow of James Robertson Leith whom failing to her lawful issue per stirpes the sum of one hundred pounds Sterling Item To David Lithgow Ploughman residing at Poulton Lankarkshire whom failing to his lawful issue equally among them per stirpes the sum of one hundred pounds Sterling Item to John Fothringham Lithgow son of James Lithgow residing sometime at the Knock now in Biggar whom failing to the said James Lithgow the sum of one hundred pounds Sterling Item to Mrs Agnes Anderson or Monfries wife of Alexander Monfries cattle Dealer Sterling whom failing to the said Alexander Monfries the Sum of one hundred pounds sterling: Item to William Forrest servant Anneston near Symington the sum of one hundred pounds Sterling Item to James Forrest Butcher Forrest Road Edinburgh the sum of one hundred pounds Sterling Item to Mary Jackson residing at Rowly Bank Biggar the sum of One hundred pounds Sterling To Isabella Gibson residing at Topscombs near Biggar the sum of one hundred pounds sterling which several Legacies above mentioned shall be payable at the first term of Whitsunday or Martinmas after my death and shall bear interest at the rate of four per centum per annum from and after the sum of payment till paid or set apart and deposited in a Chartered or incorporated Bank or otherwise invested In the fourth Place For the purpose of establishing two lavisances in the University of Edinburgh for the benefits of students of arts in attendance thereat to be called “The Fothringham And Forrest Bursaries” I direct and appoint my Trustees at the first term of Whitsunday or Martinmas which shall happen after the lapse of one year from my death to make payment to the principal and Professors of the University of Edinburgh of the sum of one thousand pounds Sterling free of Legacies duty and expences with interest on said sum at the rate of four per centum per annum from the said term of payment till paid But always with and under the provisions and declarations following vizt First The said Principal and professors shall invest the said sum of one thousand pounds in lands or heritable estate or in heretable properties of Government Stocks or funds or in the Mortgages Bonds Debentures or Debenture Stock of any Incorporation or Incorporated Company and until such investment be made they shall lodge the said sum in a Chartered or Incorporated Bank for the purposes hereof: Second the said Principal and Professors shall be the [?] and perpetual Patrons of the said two bursaries and they shall so soon as conveniently may be but not sooner than one year after the term of payment of the said sum of one thousand pounds and thereafter from time to time as often as a vacancy or vacancies shall happen nominate and present to the said Bursaries two students qualified in manner after mentioned which students so nominated and presented shall be entitled subject to the powers hereinafter conferred on the parties to the yearly produce of the said sum equally between them under deduction of the expenses aftermentioned, and that for the space of four years to each Bursar if he shall continue so long to prosecute his studies in Arts at the said University, and if not, then for the whole less space each Bursar shall so continue Declaring that in shall be in the power of the said Patrons should any Bursar fail to conduct himself to their satisfaction to declare his right to the bursary to be forfeited and to withdraw the same and that it shall be in the power of the said Patrons to pay the said Bursaries at such dates and in such sums as to them shall seem advisable and also if they shall see fit to [?] a sum approximating to the half of the annual income as the amount of each bursary for any one or more years. Third, I direct the said Patrons in nominating and presenting students as aforesaid to prefer firstly such as are of my own kindred: Secondly such as are of the name of Fothringham: and thirdly such as are of the name of Forrest: Providing always that such students are in the opinion of the said patrons properly qualified by their previous education for entering to the University as to which qualification the said Patrons may satisfy themselves in such way as they may see fit and failing students of my own kindred and of the name of Fothringham and Forrest properly qualified as aforesaid then such as on examination or being otherwise tested in such manner as to the said patrons shall seem proper shall in their opinion be best entitled to or most deserving of the same: Fourth: The said Principal & professors shall pay and apply out of the produce of the said fund the necessary expenses attending the execution and management of this mortification: And in the last Place I direct and appoint my Trustees to pay assign and Dispone the free residue of my real estate and effects heretable and moveable above conveyed to and in favor of the said James Fotheringham Agnes Fothringham or Grieve Janet Fothringham or Yorston and the lawful issue of the said Mary Anne Fothringham or Buchanan as in place of their sead mother equally among them per stirpes share and share alike Declaring that in the event of any of the said James Fothringham Mrs Agnes Forthringham or Grieve and Mrs Janet Fothringham or Yorston predeceasing me leaving lawful issue who shall survive me such issue shall be entitled equally among them per stirpes to the share or shares to which their deceased parent or parents respectively would have been entitled if alive and in the event of any of the said James Fothringham Mrs Agnes Fothringham or Grieve and Mrs Janet Fothringham or Yorston predeceasing me without leaving lawful issue who shall survive me the share or shares destined to such predeceaser or predeceasers shall belong to the survivor or survivors or the said James Fothringham Mrs Agnes Fothringham or Grieve and Mrs Janet Fothringham or Yorston jointly with the lawful issue surviving me of any one or more of them who shall have died leaving lawful issue and with the lawful issue surviving me of the said Mrs Mary Fothringham or Buchanan the division being per stirpes and further in the event of the lawful issue of the said Mrs Mary Fothringham or Buchanan all predeceasing me the share of the residue testured to such issue shall belong to the said James Fothringham Mrs Agnes Fothringham or Grieve and Mrs Janet Fothringham or Yorston and the survivors or survivor of them [?] with the lawful issue surviving me of any of them who may have died leaving such issue the division being always per stirpes And I provide and declare that the whole provisions above written so far as in favor of or descending on females are granted expressly exclusive of the jus marisi and right of administration of husbands and shall not bee affectable by the debts or deeds or by the diligence of the predisors of such Husbands and the receipts of the said married females alone without the consent of their respective husbands shall be a sufficient exoneration to my said Trustees: And I farther provide and declare that the provisions herein contained so far as in favor of persons who may be in pupillarity or minority at the time of Payment may be Paid to their legal Guardians for their behoof or in the case of minors to such minors themselves or may be applied or Paid by my Trustees for the benefit of such pupils or minors And therely Give ful power to my Trustees to enter into possession of the said Trust Estate to output and input tenants to Compromise submit & refer all claims and differences connected with the Trust Estate to sell or dispose of all or any part thereof to invest the trust funds in lands or heritable estate or in heritable securities or in the Government Stocks or funds in the Mortgages Bonds Debentures or Debenture Stock of any Incorporation or incorporated Company to appoint factors and agents either of their own number or other [?] persons and to allow them [?able] remuneration for their trouble And I declare that my Trustees and Executors shall not be further liable for such Factors and Agents that that they are ha(?) and repute responsible at the time of appointment: And I declare that my Trustees shall have all the powers privileges and immunities of gratuitous Trustees And I hereby reserve to myself not only my own [?] of the estate above conveyed but also full power at any time of my life and even on deathbed to alter innovate or revoke these presents in whole or in part as I shall see proper And I revoke all former Settlements executed by me at any time heretofore; And I dispense with the delivery hereof, and I consent to registration for publication and preservation In witness whereof these presents written on with the five preceding pages by Gregor Stuart McGregor Clerk to Messrs Dunan and Archibald Solicitors Supreme Courts Edinburgh are subscribed by me at Portobello the first day of December eighteen hundred and seventy four before these witnesses William Archibald Solicitor Supreme Courts Edinburgh and William McIntyre Licenciate of the Royal Colleges of Physicians and Surgeons Edinburgh residing in East Claremont Street Edinburgh (Signed) J Fothringham William Archibald witness William McIntyre Witness Extracted from the Register of Deeds etc in the Books of [?] Session on this the thirty two preceding pages by me Assistant Keeper of said Register the word “Burgh” on the eleventh line of page fifth written on an erasure and one word on page twelfth delete before signing (Signed) Alex Forbes Biggar 29th April 1875 This the Extract of the Trust disposition and Settlement of the late John Fothringham of Heathpool in the County of Peebles referred to in my affidavit of the date to the Inventory of his Personal estate (signed) Jh Murray John Paul J.P.

1. ↑ ^1.0 1.1 General Register Office for Scotland. 1851 Scotland Census. (Edinburgh).
2. ↑ House of Commons Papers Volume 14.
3. ↑ Will of John Fothringham, 1874.
4. ↑ England. 1861 Census Schedules for England and Wales, Isle of Man and the Channel Islands. (
   Kew, Richmond, Greater London TW9 4DU, United Kingdom:
   The National Archives (abbreviated TNA), formerly the UK General Register Office.).
5. ↑ Scotland. Statutory Records of Births, Marriages and Deaths. (ScotlandsPeople (National Records of Scotland)).

   retired writer, widower of Mary Ann Balfour, male, about 75 years old, father Thomas Fothringham (deceased), mother Marion Fothringham (maiden surname Forrest) (deceased), cause of death apoplexy (2 days) as cert by John Kelso, Phy. Surgeon, informant William Forrest, cousin, Anneston, Symington, registered 27 March.

6. ↑ Pigot and Co.'s national commercial directory for the whole of Scotland...
   page 661.