Testament of Alexander Davidson

Date: 1860 [unknown]
Location: Newmachar, Aberdeenshire, Scotland, United Kingdom

[Will written 25 February 1860 at Meadowhead.]

Extract Testament of Alexander Davidson
[6 November] 1860

At Aberdeen the sixth day of November in the year One thousand eight hundred and sixty. In presence of Archibald Davidson Esquire Advocate Commissary of the Commissariot of Aberdeen. Compeared David Mitchell Advocate in Aberdeen as procurator and gave in the Testament underwritten of the after designed now deceased Alexander Davidson and craved that the same might (along with an Inventory of the said deceased's personal estate ) be insert and registered in the Commissary Court Books of Aberdeenshire in terms of the Acts of Parliament 44 Geo:III bap 98 and 48 Geo:III bap 149. Which request the Commissary foresaid finding reasonable ordained the same to be done accordingly and of which Testament the tenor follows viz.

I Alexander Davidson residing at Meadowhead in the parish of Newmachar, do make my Testament as follows namely I nominate and appoint David Davidson residing at Waulkmill, and John Thomson, both in the parish of New Machar, and the survivor of them to be my sole Executors and universal intromitters with my moveable Estate, with all the powers competent to Executors by the Law of Scotland; But declaring that these presents are granted for the purposes following First for payment of my debts, sickbed and funeral expenses, including among my debts the proportions of my daughters Janet Davidson wife of Alexander Edward, Inschford, Ordiquhil and Jane Davidson wife of Thomas Morrison, Stonebridge, Pitsligo of the share of the goods in communion between me and my first wife Jane Chalmers that fell to her children on her death as the same was ascertained between me and my said first wife's children on my second marriage and the proportions of which were paid to all my said first wife's children and mine excepting our said daughters Janet and Jane the principal sums of whose proportions respectively of the like amount I have already paid to each of the said other children of my first wife being hereby appointed to be paid to the said Janet Davidson or Edward and the said Jane Davidson or Morrison respectively with interest from the term of Martinmas last, the interest up to that date having been paid by me to them or their children respectively;-

Second, for the setting apart in the names of my said Executors or the survivor of them a Legacy or Sum of Eighty pounds Stirling for behoof of my minor son Alexander Leith Davidson presently residing with me, which sum I appoint to be invested by my said Executors or the Survivor of them either in a common or Savings Bank or any other Security to their satisfaction, and both principal and interest to be applied for the suitable maintenance of my said son, and for his suitable education and upbringing at such times in such ways, and in such sums as my said Executors or the survivor of them shall think prudent and best; Declaring that failing proper receipts or vouchers for any of the disbursements which either of my said Executors may thus have to make for behalf of my said Son their own honest word respectively that any such disbursement was made shall be sufficient discharge to my said Executors respectively.

Third, for the purpose of realising and converting into Cash the whole of my means and Estate falling under this Testament and after paying and deducting as aforesaid and discharging all necessary expenses and payments connected with the execution of these presents for paying over the whole Residue of my said Means and estate subject to the conditions and declarations afterspecified to my children William Davidson, George Davidson, Nicholas Davidson wife of Andrew McKenzie, Janet Davidson wife of Alexander Edward aforesaid, Jane Davidson wife of Thomas Morrison, Robert Davidson, and the said Alexander Leith Davidson equally between them as my Residuary Legatees, But declaring that the said William Davidson shall not be entitled to the said share of Residue in the event of his claiming and availing himself of his right of Succession to the remainder of my present Lease of Meadowhead, but in that event he shall be cut off from any share of said Residue or of my means and estate falling under these presents;-

Declaring farther that in the event of said eldest son not availing himself of the said right of succession to my said Lease then and in that event it is my desire that my Executor, on the same being renounced to the Landlord and being relet by him, should endevour to arrange with the Landlord to get the benefit of any surplus rent that may be obtained for said Lease for the remaining period thereof that may be unexpired at my death for behoof of my said minor son Alexander Leith Davidson, and I hereby recommend to my Executors to use their endevours accordingly, which provision to my said children I hereby declare to be in full to them respectively of Legition or bairns part of gear, deads part, and of all that they can ask claim or demand in any manner of way in and through my death and also all claims and demands competent to them or either of them against me or the representatives of their respective mothers, in respect of the goods in communion between me and their said respective mothers at their death respectively, All which claims have been settled as aforesaid with the exception of my daughters Janet and Jane for which I have made provision as above specified and of my Son the said Alexander Leith Davidson in respect of his mother in lieu of which and in consideration of his tender years I have bequeathed for his behoof the said Legacy of eighty pounds Stirling and I therefore hereby debar my said son from all further claims in respect of his said Mothers share;

Farther I appoint the share of said Residue that may fall to my said minor son Alexander Leith Davidson or any surplus rent that may be obtained, if any, as aforesaid to be in like manner set apart in the names of my said Executors or the survivor of them for my said sons behoof and to be applied in like manner and under the like conditions as is above provided in regard to the said Legacy of Eighty pounds;-

And I consent to the registration hereof for preservation. In Witness whereof I have subscribed these presents written on this and the three preceding pages by Robert Mortimer Moir, Clerk to David Mitchell Advocate in Aberdeen at Meadowhead aforesaid the twenty fifth day of February eighteen hundred and sixty years, before these Witnesses Robert Milne and Robert Reid both residing at Waulkmill in the parish of New Machar the said Robert Milne presently following the occupation of a Mason and the said Robert Reid that of a Farm Servant both of Waulkmill aforesaid.

(signed)
Alexander Davidson
Robert Milne Witness
Robert Reid Witness
Extracted on this and the ten preceding pages by me Commissary Clerk Depute of Aberdeenshire. C Warrack...

Received up the Testament within recorded.
P. David Mitchell
John Milne

6th Nov. 1860
Ext. Testament of Alexander Davidson

Source

ScotlandsPeople: 1860 Davidson, Alexander (Wills and testaments Reference SC1/37/46, Aberdeen Sheriff Court Wills)