The Will of
Rev. John Whyte
and Janet Wyse Mackie
of Pitfar,
Cameron Park, Edinburgh
dated 25 November 1893
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We the Reverend John Whyte and Mrs Janet Wyse Mackie or Whyte spouses
residing at
Pitfar, Cameron Park, Edinburgh, for the settlement of the
succession to our means and estates.
Do hereby Give grant and Assign, Dispone convey and make over to and
in favour of
James Wyse Mackie and George Mackie both Bakers and Confectioners
in Edinburgh ,
George Skinner Baker and Confectioner residing at number twenty
eight India Street, Glasgow,
John Mackie Whyte, Master of Arts Bachelor of Medicine &
residing at number fifteen Airlie Place Dundee, our eldest son, and
William Whyte lately in the Bank of Johannesburg, South Africa our second son
, and to any other person or persons whom we may hereafter nominate and appoint
by any joint writing under our hands, or who may be Lawfully assumed into the Trust,
and to the acceptors and survivors and acceptors and survivors of them, the major
number of them accepting and surviving and residing in Great Britain from time to time
being a quorum, and to the heirs of the longest liver of them, as trustees and trustee
for the ends uses and purposes aftermentioned and to the assigns of the said Trustees,
or their said quorum.
All and sundry lands and heritages, debts goods gears effects and sums of money
and in general the whole subjects and estate heritable and moveable, real and
personal owing and belonging or which shall be owing and belonging to us respectively
at our respective deaths, with the rents, interest, profits and produce and writings
, titles and vouchers thereof.
And we hereby severally nominate and appoint our said Trustees and their forsaids
to be our sole Executors and executor respectively .
But these presents are granted and are to be accepted by our said Trustees
and their forsaids in trust , with the powers and for the ends , uses and purposes
following videlicet:-
That they may as they are hereby authorised and empowered to do, call, sue for,
realise uplift receive assign and discharge the whole means and debts and effects
due and belonging to us respectively at our respective deaths, with power to sell
realise and convert into money or to concur in selling realising and converting
into money any lands or other heritages, as well as any personal estate or
effects belonging to us respectively or in which we may be interested receptively
and that either by public roup? or private bargain and in whole or in such lots
and for such price or prices or other consideration as they may think proper.
That they may let or concur in letting the said lands and Heritages or the
said moveables or any part or portion thereof for such period and for such terms
as they may think proper.
And we provide and Declare that the receipt of our said Trustees shall
be a sufficient discharge to all Parties dealing and transacting with them
in their character of Trustees, and that such parties shall have no
concern with or right to enquire respecting the application of moneys paid
by them to our Trustees or the management of our respective means and estates
and our said Trustees shall hold and apply our respective means and estates
and the produce and proceeds thereof for all ends uses and purposes
following videlicet:-
sheet 2
In the First Place.
For the payment of all my just and lawful debts
due by us respectively at our respective deaths.
The sickbed and funeral expenses of us respectively and the expenses of
executing this Trust.
In the Second Place.
For the payment or delivery of any legacies
or bequests which we may leave or bequeath by any joint writing under our hands
though neither holograph nor tested
In the Third Place.
Our Trustees shall hold the whole residue and remainder of the means and estate
of the first deceased of us, for the liferent use and behoof of the survivor
of us and shall pay over to such survivor during all the days of his or her life
the whole rents, interest and annual produce and income thereof.
In the Fourth Place:
Should either of the presently unmarried daughters of our marriage survive
and remain unmarried at the death of the survivor of us.
We direct our Trustees
to hold the dwelling house and apertiments? called Pitfar,
situated at Cameron Park Edinburgh and the whole household furniture and
plemsling? including books pictures bed and table linen china ornaments
silver plate and plated articles and in general the whole household effects
and furnishings therein
( all herein after referred to as the said house and furniture)
together with three tenths of the free residue and remainder of the means
and estates of both of us (exclusive of the said house and furniture)
for the liferent use and behoof of such daughters then surviving
and remaining unmarried jointly and equally or such daughter then surviving
and remaining unmarried wholly if there be only one and that so long as they
respectively or she shall survive and remain unmarried .
We Declare that should both of the presently unmarried daughters of
our marriage then survive and remain unmarried but one of them subsequently
die or be married , our Trustees shall after such subsequent death or marriage
of one of them, hold the said house and furniture and the said three tenths
of residue for the liferent use and behoof of the other of them solely,
so long as she shall survive and remain unmarried.
And on the death or marriage
of both of such daughters, we direct our Trustees to hold and apply pay
and convey the said house and furniture or proceeds thereof and
the said three-tenths of the residue to and for behoof of the whole
children of our marriage and the issue of deceasers in the same
way and manner as is hereinafter provided with regard to the
remaining seven-tenths of residue aftermentioned.
In the Fifth Place;
Upon the death of the survivor of us, we Direct our Trustees in the event
of the fourth purpose hereof taking effect to hold and apply pay and
convey seven-tenths of the said free residue and remainder of the means
and estate of both of us exclusive of the said house and furniture
as aforesaid,
Or in the event of the said fourth purpose not taking effect to hold and
apply and pay and convey the whole free residue and remainder of the
means and estates of the both of us including the said house and furniture
to and for behoof of the whole children of our marriage and the issue
of such of them as may predecease the term of payment thereof; payable
in such proportions at such terms on such conditions and under such
restrictions as we or the survivor of us may direct by any writing
under our joint hands while both of us shall survive, or by any writing
under the hand of the survivor of us executed after the death of the
first deceaser of us, the survivor of us having full power after the
death of the first deceaser or us to execute any such writing to the
effect of superseding cancelling or altering, in whole or in part,
any such writing which may previously have been executed by us jointly;
And failing any such writing then equally to and for behoof of and
among the whole children of our marriage, payable to them after the death
of the survivor of us.
In the case of sons on their respectively attaining Majority and
In the case of daughters on their respectively attaining Majority
or being married whichsoever of these events shall first happen.
sheet 3
And in the event of any of the said children dying before the said
period of payment
leaving lawful issue, such issue shall be entitled
equally among them if more than one to the share to which their parents
would have been entitled if in life.
And in the event of any of the said children dying before the said
period of payment,
without leaving lawful issue, the share of such
deceaser as far as unpaid on not conveyed, shall fall to and be divided
equally amongst the survivors and survivor of the said children jointly
with the lawful issue of any of them who may be deceased leaving issue
such issue succeeding equally among them to the share to which their
parent would have been entitled if inlife.
And the share falling to minor representatives of any of the said children
who may predecease shall be paid over to their lawful guardians for
them behoof.
And we Direct or Trustees after the death of survivor of us,
to hold and apply the interest or annual income of the share
prospectively falling to each of the said children , or such part
thereof as our Trustees may deem necessary and proper for
the maintenance and clothing , education or advantage of the
said children respectively , until actual payment of their shares.
And it is hearby Declared that the shares of succession
effecting to the said children shall become vested interests in
their persons at and only upon the arrival of the period of payment
above mentioned, except in so far as the same may be advanced to them
by these presents.
And it shall be in the power and option of our Trustees, if
they shall think fit to advance and pay after the death of the survivor
of us and before the arrival of the term of payment above mentioned
to or for behoof of the said children, or any of them, any part not
exceeding one half of the fee or capital of the provisions hereby made
in his or her favor for establishing or assisting a son in business,
or fitting out a daughter on marriage or otherwise for behoof of the
said children.
And it is hereby Declared that the whole provisions hereby made
in so far as in favor of or
descending? upon females shall be expressly exclusive of the
Jus Marite right of administration of any of the husbands
they may have married or may marry, and shall not be affectable
by the debts or deeds of any such husbands or any diligence or
execution competent to follow thereon.
And we Provide and Declare that the acceptance of the forgoing
provisions in favor of the said children shall be deemed to be in
full satisfaction to them of Legiteiu and executry and of all
claims legally competent to them upon the death of either of us,
and that the liferent provision hereby made in favor of the survivor
of us, is hereby accepted in full satisfaction of all claims competent
by law to the survivor in or against the means and Estate of the
predeceaser.
And we Reserve our liferent use of our own respective means
and estate and full power to us jointly to revoke , burden, qualify
explain or in any said way to alter these presents at pleasure.
And we Revoke all former WILLS and Settlements heretofore made
by us and we dispense with the delivery hereof.
And Declare that these presents so far as unaltered though
found lying by us or either of us, or in the custody of any person
undelivered at the decease of us or either of us, shall have the
full effect of a delivered evident.
And we consent to the registration hereof for preservation.
sheet 4
IN WITNESS whereof these presents written on this and
the two proceeding pages by
Peter W. Murray clerk to
Robert Macdougald solicitor Edinburgh are
(under the declaration that the word "lately" occurring
on the ninth line of the page first hereof is written on erasure)
subscribed by us the said Reverend John Whyte and
Janet Wyse Mackie or whyte both at Edinburgh on the
twenty fifth day of November in the year Eighteen hundred and ninety three.
before these witnesses the said Robert Macdougald and
Robert Lochie Gibson residing at number ten Cameron Crescent
Edinburgh .
Signed:-
John Whyte - Janet w. Whyte
Witness:- R Macdougald
Witness:- W.L. Gibson
I hearby accept the office of Trustee and Executor conferred upon me by
the forgoing Trust Disposition and Settlement.
Signed:- J. W. Mackie, Edinburgh, 8th October 1894
I hearby accept the office of Trustee and Executor conferred upon me by
the forgoing Trust Disposition and Settlement.
Signed:- George Mackie, Edinburgh, 8th October 1894
I George Skinner within designed hearby accept the office of Trustee
and Executor conferred upon me by
the forgoing Trust Disposition and Settlement.
Signed:- Geo. Skinner , Glasgow, 28 India St. 9th October 1894
I John Mackie Whyte within designed hearby accept the office of Trustee
and Executor conferred upon me by
the forgoing Trust Disposition and Settlement.
Signed:- J. Mackie Whyte , Dundee, 15 Airlie Place. 13th October 1894
I William Whyte within designed hearby accept the office of Trustee
and Executor conferred upon me by
the forgoing Trust Disposition and Settlement.
Signed:- Wm. Whyte , Edinburgh, . 9th October 1894
EDINBURGH 12 Oct 1894
This is the natural Trust Disposition & Settlement referred to
in my affidavit of this date to the inventory of the Estate of the late
Reverend John Whyte within designed.
Signed:- J. W. Mackie
Signed:- J. Clapperton J.P.
sheet 5
PROBATE
Rev. John Whyte
3 per cent £35.9.9
Testate
16 November 1894
INVENTORY
At Edinburgh the sixteenth day of November eighteen hundred and ninety four,
the following Inventory of the personal Estate of the deceased Reverend John Whyte
and Deed relative to the disposal thereof were presented by W R MacDonald,
Solicitor 22 London St
Inventory of the personal or movable Estate and Effects, wheresoever situate
of the late Reverend John Whyte, Pitfar, Cameron Park, Edinburgh, who died
at Edinburgh on the 11th day of September 1894 Scotland
- Principle sum in Policy of Assurance with the Scottish Provident Institution
(No. 8165) £200 . .
Bonus additions thereto 112.16/.
- Principle sum in Policy with the said Institution (no. 8882) £500
Bonus addition thereto 282 9/.
- Household furniture re which belonged to the deceased
as per Inventory & Valuation herewith £ 99.12/.
- Balance on Current account with the National Bank of Scotland
South side Branch £32.5.9
£1227.2.9
Signed J.W. Mackie
signed J. Clapperton J.P.
At Edinburgh the twelfth day of October eighteen hundred and ninety four.
In the presence of John Clapperton Esquire one of the Justices of the Peace
for the County.
Appendix
VIDELICET (Viz.)
ADVERB: That is to say: namely, as follows, specifically.
Idioms: to wit
BEHOOF
. Verb (archaic) advantage; profit; benefit; interest; use. Nearest:
behold, beholden, beholder, beholding, behoove
Roup=auction in public
