Location: Edinburgh, Scotland
Will of William Gibson, died 1807
This is a transcription of the Will of William Gibson, died 5th May 1807 in Edinburgh.
8th October 1808
The Testament Testamentar and Inventory of the goods and gear which pertained and belonged to Umq[uhi]le Wm. Gibson merchant in Edinburgh at the time of his decease who died upon the fifth day of May Eighteen hundred and seven years, Made & given up by himself upon the eighth day of December Eighteen hundred and one years In so far as concerns the nomination of his Executors, and now made and given up by James Gibson writer to the Signed, Archibald Gibson merchant in Edinburgh and John Thomson Merchant in Edinburgh In so far as concerns the Inventory of the said Defunct his goods and gear after mentioned, Which James Gibson, Archibald Gibson John Thomson together with John Gibson Merchant in and Lieutenant Colonel Thomas Gibson of the eighty third regiment of foot in case they were in Scotland at the time of his death, which the said John Gibson and Lieutenant Colonel Thomas Gibson were not & he the said Umq[uhi]le William Gibson did nominate and appoint to be his sole Executors universal Legatees and intromitters with his goods and effects, and that by his Trust Disposition and deed of Settlement dated the said eighth day of December Eighteen hundred and one years and registered in the Commissary Court books of Edinburgh the twenty eighth day of May Eighteen hundred and seven, which is hereafter ingrosed.
Follows the Inventory
In the First the said Umq[uhi]le Wm. Gibson had pertaining and belonging to him at the time of his decease foresaid
Ten share or one thousand pounds Sterling of the Capital Stock of the Royal Bank of Scotland.
Extending the said sum of one thousand pounds Sterling in Scots money to twelve thousand pounds.
Summa of the Inventory
Follows the Defuncts trust
Disposition of Settlement
Know all men by these presents that I William Gibson merchant in Edinburgh Considering that I am resolved to execute the trust Disposition underwritten Therefore I have disponed, assigned and made over as I by these presents, (but with and under the burdens, provisions, conditions, power and faculty underwritten) give, grant, and assign and dispone from me, my heirs and successors to an in favour of John Gibson Merchant in Dantrig James Gibson W.S. Archibald Gibson merchant in Edinburgh, John Thomson Merchant in Edinburgh and Lieutenant Colonel Thomas Gibson of the eighty third regiment of foot, Declaring hereby that in case the said John Gibson and Lieutenant Colonel Thomas Gibson or either of them shall not be in Scotland at the time of my death, there [sic] nomination as Trustees or the nomination of the one absent shall be void and null in the same manner as if they had not been named and I further declare that in case any three of my said Trustees so long as that number shall exist shall be a quorum and failing such quorum by Death or non acceptance to the Survivors or Survivor of them accepting and their assignees as Trustees for the ends and purpose after mentioned all Lands, teinds, heritages and every Subject of an heritable nature presently belonging or which shall belong to me at the time of my death with the whole writs and evidents thereof conceived in favour of me, my predecessors or authors; as also all debts and sums of money and every subject of a moveable nature including heirship moveables due owing and belonging or that shall be due, owing or belonging to me at the time of my death by any person or persons by Bond, bill or any other manner of way with the vouchers and instructions thereof and all that has followed or may be competent to follow thereon and particularly without prejudice to the said generality. All and whole that dwelling houses in St. John’s Street Canongate with the whole pertinents thereof belongs now possessed by me and lately purchased by me from Dr. James Gregory Physician in Edinburgh lying the parish of Canongate and Sheriffdom of Edinburgh as the same is more particularly described in the Disposition thereof executed by the said Dr. James Gregory in my favours dated the second day of December Seventeen hundred and ninety nine As also all and whole that large shop presently possessed by the sd. Archibald Gibson being the corner shop of Avernment fronting Southbridge street built upon Lot eighteenth with a cellar in the upper storey of the second vault from the Canongate arch entering from the common-stair of said tenement and Lot nineteenth as also all and whole that dwelling house being the first flatt of that store tenement built upon the second lot eighteenth immediately above the shop possessed by Robert Shepherd Grocer and the foresaid shop possessed by the said Archibald Gibson together with the cellar No. First in the second vault below the said bridge upon the right hand of the said vault as the said house and cellar were sometime possessed by Henry Johnston Surgeon and are now possessed by the said Archibald Gibson which lot eighteenth on which the said subjects are built is the corner area on the southside of the Canongate and west side of South bridge Street corner on the west by the property belonging to the heirs of Wright on the north by the [?] On the east by South bridge Street with freeish and entry to the premises and with the privilege of having access to the chimney tops by a window fore the purpose of weeping vents at any time between six and eight oclock in the morning and for the purposes of repairing chimney heads at the usual hours of working they always paying for and repairing any damages which may be done to the roof in making use of the aforesaid privilege But always with & under this burden that the said Trustees and their foresaids shall be bound and obliged to pay one half part of the expence of keeping the roof of said tenements in good and sufficient repair in all time coming and together with all right and title which I have or can pretend thereto or to any part or portion thereof But declaring hereby theat these presents are granted by me In trust only for the purposes after mentioned Viz In the first place for payment of all my debts and funeral expences. In the second place my said trustees and their foresaids shall be bound and obliged to pay to Helen Gibson my second daughter while she shall remain unmarried an annuity of fifty pounds a year at two terms in the year Whitsunday and Martinmas by equal portions beginning the first terms payment thereof at the first term of Whitsunday or Martinmas after my death for the half year preceding and so forth yearly, termly and proportionally thereafter with a fifth part move of each terms payment of finality in case of not payment & interest still paid. In the third place my said Trustees shall also be bound to make payment of an annuity of six pounds a year to my faithful Servants May Gifford during all the days of her life payable in the same manner with the above annuity in favour of my said Daughter. Fourth I hereby direct and appoint my said Trustees to pay the sum of one hundred pounds to each of William, James Thomson, Mary, Cecilia and Margaret Gibson children of the said James Gibson and of the like sum of one hundred pounds Sterling to William Gibson natural son of William Carmichael Gibson my son and Margaret Gibson his lawful daughter and of the like sum of One hundred pounds Sterling to each of James Gibson Thomson and Cecilia Margaret Thomson children of my eldest daughter Cecilia Gibson and the said John Thomson her husband and the same sum to every Grand Child lawfully born I may have alive at my death which sum of One hundred pounds Sterling each of the Persons above named shall be payable at the first term of Whitsunday or Martinmas that shall happen twelve months after my decease with a fifth part move of penalty in case of not payment with the interest thereof from said term till paid. And fifthly my said trustees and their foresaids are hereby directed and impowered to divide my whole remaining funds with the capital sums that may be set aside to answer the foresaid annuities when these shall be no longer due among John, James William Carmichael Alexander, Archibald Louis Thomas Henry, and Mitchell Gibsons my sons and the said Cecilia and Helen Gibson my daughters equally among them share & share alike. Declaring that in case of the death of any of my said Children without issue the share falling to such child and Children deceasing shall be equally divided among the Survivors; and providing always that in case any of my said children son or daughter shall happen to predecease me or die before they receive their provision above written but shall have lawful issue of their bodies such issue shall succeed and have right to the portions of their parents in the same manner as the parents themselves would have had had they remained in life as also providing always as it is hereby provided and Declared that the provision above written to be paid to my said children are and shall be in satisfaction to them of all legitem, Executry and every thing else which they or does of them can ask, claim or demand out of my heritable or moveable Estate either by Law or by virtue of the Marriage Contract between me and my deceased beloved Spouse Mary Cecilia Balfour their mother dated the twenty second August Seventeen hundred and sixty one or which the said Cecilia Gibson my eldest daughter can claim or demand of me or out of my said Estate in consequence of my obligation which Have under by the marriage Contract entered into between her and the said John Thomson her husband dated the twenty three February Seventeen hundred ninety Seven. As also providing always that all and whatsoever debts and sums of money or balances shall be state in my books as due and owing to me by any of my said sons or my said son in Law for advances of cash made by me to them or on their account with the interest due therefore shall be deducted from and [?] As a part of their provisions above written or if the said sums so advanced to & charged against them or any of them shall exceed the sum to which he, she, or they will be entitled in virtue hereof exclusive of their interest & in the sums to be set apart for the foresaid annuities they shall be debtors to the Estate in the Surplus. And my said Trustees shall immediately adapt? The balance due by them reserving their right to a share of the sums set apart for the annuities when these annuities shall be longer due. As also providing always as it is hereby express by provides and Declares that the provision. Above written granted to the said Henry Gibson my son (any thing herein before contained to the Contrary notwithstanding) not be excesible by him until he attains the age of thirty years compleat and until then shall be vested in my said Trustees in trust for his behalf which Trustees hall only apply the interest thereof for his support maintainance untill his attaining the age above mentioned and therefore his said provision is hereby declared not to be liable for any debts due or to become [?] by him nor shall the same or the interest thereof be arrestable or attachable by any legal diligence at the instance of all or any of his Creditors at least untill after he shall have attained the said age of thirty years complete and moreover I hereby empower my said trustees and the Survivors or Survivor of them accepting & their foresaids upon my decease to sell & dispose of all or any part of the subjects as well heritable as moveable hereby conveyed to them and that either by private sale or public [?] as they shall see fit and thereafter to grant, subscribe deliver to the purchasers ample and legal dispositions or other write necessary containing the usual clauses for establishing the rights thereof also [?] and irredeemably in the persons of the purchasers binding me and my heirs in absolute warrandice of the said purchasers and of the minutes of sale, Dispositions and Investments of the same I hereby or not only ratify such sales which shall be made, less which shall be granted and acts which shall be done in virtue hereof but also Bind & oblige me and my heirs & Successors to perform and fullfill the same and to free and relieve the said accepting Trustees and their heirs and Successors of all or any obligation they shall Grant or pretestations they shall undertake for or on account of such sale and all damages and expences which they shall sustain thereby and I hereby declare that the Purchaser or Purchasers shall no way be concerned with the application of the price of the said subjects and that the simple receipt of the said Trustees shall be a full and sufficient exoneration to the said purchasers for the respective prices and I hereby declare that my said Trustees shall have power to lay out upon heritable, Personal, Government or other Securities or in the purchase of the stock of any of the public Barns of Edinburgh as they shall think proper the whole funds that may come into their hands and to [?], dispose or sell and again invest the same as they shall think proper having it always in view to divide the same among my Children in terms of this will as soon as can conveniently be done and generally authorise my said Trustees to grant all discharges, assignations or other writes necessary to enter into submissions and to do every thing that I could do myself and I hereby declare that my said Trustees shall only be liable each of them for this own actual intromissions and no way for the solvency of the tenants or purchases nor for any neglects in the sale or application of the price nor shall they be liable in solidurn for one another even as to such actual intromissions nor for any [?] to be appointed by them which they are hereby empowered to do and to commit to him the whole powers which they themselves have under this trust disposition and they shall be allowed all necessary charges to be expended thereament conform to an account thereof under their own hand without farther evidence. In which heritable subjects generally and particulary above disponed I hereby ind and oblige myself my heirs and Successors legally & validly to infer and sease my said Trustees and their aforesaid heritably and irredeemably on my own proper cost and charges to be held on either of me and mine aforesaid in- free blench fore payment of one penny Scots money a the term of Whitsunday yearly in name of blench duty if demanded or of my Superiors of the same by the same tenure and as freely in all respects as I now hold or may hold the same and that utter of them or their aforesaid an for accomplishing the said infullment by resignation I hereby make & Consent and each of them jointly and severally my lawful and irrevocable Procurators for me and in my name & behalf to resign and Surrender by staff and baton as use is all and whole the house in St. John’s Street particularly above disponed with the whole privileges and pertinents thereof lying and described as foreseaid. In the hands of my immediate lawful superiors or of their Commissioners in their names having power to receive resignations and to grant new infeftments thereupon. And also to resign the said shop house and cellars in South bridge Street in the hands of the Lord Provost of Edinburgh or any of the Baillies thereof for the time as in the hands of his Majesty immediate lawful superior thereof, in favour and for new infeftment of the same to be given and granted to the said John Gibson, James Gibson, Archibald Gibson, John Thomson and Colonel Thoms Gibson as Trustees foresaid under the declaration before written or their foresaid heritably and irredeemably in legal and proper form; and upon the said respective resignations to ask and take instruments and do every thing else requisite and necessary that to the office of Procurator in such cases belong, all which I promise to ratify and hold hfirm which dwelling house and shop above disponed with the pertinents with this present Disposition thereof and infeftment to follow hereon. I bind and oblige me and my heirs & Successors whatsoever to warrant to be good, valid and sufficient free, safe and sure to my said Trustees and their foresaids for the uses and purposes foresaid at all hands and against all deadly: and I hereby make and constitute my said Trustees for the purposes above written and their foresaids my Cessioners and assignees not only in and to the whole writes and evidences rights, titles and Securities of the said dwelling houses and shop with the pertinents made and granted in favour of my predecessors and [?] And whole clauses therein contained with all that has followed or may be competent to follow thereupon fore ever [?] also in and to the rents, mails and duties of the said dwelling houses and shop from and after my decease; further I hereby nominate and appoint my said Trustees and their quorum or Survivors or Survivors of them and their foresaids my sole Executors universal Legatees an intromittors with the Goods and Effects and debar all others that office; and also I appoint my said Trustees and their foresaids to be Curators to the said Mitchell Gibson during his minority, Declaring that they shall not be liable for omissions or neglect nor singular in solidum but only each his own actual intromissions. And further I hereby revoke and alter all former Dispositions or Settlements mortis causa formerly executed by me: Reserving always my own [?] of my heritable and moveable Estate before disponed but also full power and liberty to me to alter & revoke these presents in whole or in part as I shall tink fit at any time of my life and even on deathbed; Dispensing with the delivery hereof and declaring these presents to be a good, valid and effectual deed through found lying by me at the time of my death or in the Custody of any other person to whom I may entrust the same. And I Consent to the registration hereof in the books of Council and Session or other competent therein to remain for preservation and thereto Constitute My Procurators. Lastly I hereby desire and require you and each of you jointly and severally my Baillies in that part specially Constituted to the effect underwritten that on sight hereof ye pass to the ground of the siad dwelling house and there give and deliver heritable state and sasine, real actual and conferral possession of all and whole the foresaid dwelling house in St. John’s Street Canongate with the whole pertinents thereunto belonging lying in the parish of Canongate and Sheriffdom of Edinr. As more particularly described in the Disposition clause hereof and in the Disposition herein referred to which description held as repeated brevitatis causes to the said John Gibson, James Gibson, Archibald Gibson, John Thomson and Colonel Thomas Gibson trustees fores. Or their quorum or Survivors or Survivors of them (but with and under the burdens, provision conditions, power and faculty above written) and that by delivery to them or to their attorney or attornies in their names bearers hereof of earth and sone of the ground of the said dwelling house and all other symbols usual and necessary and this in no ways ye leave undone the which to do. I Commit to you jointly and severally my full power by this my precept of Sasine directed to you for that effect.
In witness whereof I have subscribed these Presents written on this the six preceding pages of stamped paper along with the marginal note on the second page hereof by George Anderson Clerk to the said James Gibson at Edinburgh the eighth day of December Eighteen hundred and one years before Robert Craig Esquire Advocate and James Balfour Senior Esquire Writer to Synet witnesses to my signing the note on the second page the place and date of Subscribing with the names and Designation of the witnesses being inserted by the said James Gibson
signed William Gibson Witnesses: Robert Craig, James Balfour
Masters John Arsbruther C. Cautioner David Wardlaw writer in Edinburgh dated eighth October Eighteen hundred and eight.
Image citation: 1808 Gibson, William (Wills and testaments Reference CC8/8/137, Edinburgh Commissary Court) Image 574 Last image © Crown copyright, National Records of Scotland. Image generated 02 February 01:32.
Transcription of image by [[Todd A. Murray, 3rd February 2022.
Minor corrections and reformatting by Damien C. A. D. Blunderfield-Garwood, 5th February 2022.