James Harvey...

Will of James Harvie 9 November 1860

The Trust Deposition and Settlement and the Inventory

James Harvie, Farmer in West Crindledyke in the parish of Cambusnethan, considering it to be a duty incumbent on me for the welfare of my family to settle my affairs in case of my death, have therefore Given, Granted, Assigned and Dispersed as I do hereby with and under the burdens, provisions and reservations aftermentioned Give, Grant Assign and Dispose to and in favour of (First) William Wilson, Farmer residing at West Crindledyke aforesaid my son-in-law and failing him by his predeceasing me to and in favour of my daughter Janet Harvie or Wilson, his wife and their heirs, executives and assignees (and that without prejudice to but in corroboration of an Assignment executed by me upon the 16th day of July 1860, in favour of the said William Wilson of the heritable and moveable subjects hereinafter specially assigned and disposed to him) All and While my right interest and title as Tenant in and to a lease or missive of lease, dated 22nd day of February 1848 entered into between the late Robert Lockhart Esquire of Castlehill on the one part and me on the other part, whereby the said Robert Lockhart for the causes and on the conditions and stipulations therein mentioned set or agreed to set or grant a lease to me and my heirs of the Farm of West Crindledyke in that parish of Cambusnethan aforesaid for the space of 18 years from the term of Martinmus 1847, as to the arable lands & the term of Whitsunday then following as to the house and pasture lands; with my whole right and title as tenant to said farm and the lease or missive thereof as the same containing sundry other clauses in itself more fully bears.  Provided always that the said William Wilson and his foresaid shall be bound and obliged to perform implement and fulfil the whole obligations and presentations incumbent upon me by the said lease or missive of lease.  (Second) I further hereby in like manner (without prejudice to but in combination of the said Assignation before mentioned) Give, Grant Assign, Dispose, Convey and make over to and in favour of the said William Wilson and, failing him by his predeceasing me to and in favour of my daughter Janet Harvie or Wilson, his wife and their heirs, executives and assignees All and Sundry the whole stock, crop, cattle and farming and dairy utensils of every kind and description in and upon the Farm of West Crindledyke that shall pertain and belong to me at the time of my decease.  Declaring however, that these presents are granted under the burden provision and reservation that the said William Wilson and his foresaid and eventually the said Janet Harvie or Wilson shall make payment to me and my executors of the principal sum of £350 Sterling with interest thereon, or such part thereof as may remain unpaid at my decease, contained in a personal bond granted by the said William Wilson in my favour upon the said 16th day of July 1860.  Further (Third) Having full confidence in the integrity and ability of the said William Wilson for executing the First hereby reposed in him have therefore assigned and Disposed as I do by these presents with and under this burdens, provisions and reservations after mentioned Give, Grant, Assign, Dispose, Convey and make over from me and my heirs to and in favour of the said William Wilson as Trustee for the ends, uses and purposes after mentioned and to his assignees All and Sundry the remaining parts and portions of lands and heritage, goods and gear, debts and sums of money, including the said Personal Bond of £350, and in general the whole remaining estate and effects heritable and moveable real and passive of what kind and denomination soever and wherever situated at present belonging to me at the time of my decease. Other than my right interest and title in and to the said lease or missive of lease of the farm of West Crindledyke aforesaid and stock crop cattle and Farming and dairy utensils thereon already specially conveyed to the said William Wilson and hereby expressly excepted and excluded from this general conveyance in favour of my said Trustees.  Together with the whole vouchers and instruction, writs and evident of and concerning my said effects and estate heritable and moveable hereby conveyed with all that has followed or may be competent to follow therein: And I hereby nominate and appoint the said William Wilson and failing him, by him predeceasing me the said Janet Harvie or Wilson, to be my sole executors and universal legalities and inheritters with my means and estate debarring all others from the Office of executor with full power to them to [intu with my said moveable estate, to give up Inventories thereof, to confirm the same, and generally to do everything competent in the premises; Declaring always that the said William Wilson and failing him as aforesaid, the said Janet Harvie or Wilson and their