Settlement by W^m Johnston

At Paisley upon the Eighth day of April Eighteen hundred and forty six years. In presence of the Commissary of the Commissariat of Renfrew. Compeared Peter Jack Writer in Paisley and gave in the Settlement and Inventory underwritten desiring the same to be recorded which was appointed to be done and of which Settlement and Inventory the tenor follows.

I, William Johnston, Printer, in Greenock, in order to settle my affairs and prevent all disputes in regard to the succession to my Means and Estate after my decease, do hereby, but always with and under the burden, declarations, reservation, power and faculty aftermentioned, Give, Grant, Assign, Dispone, Convey and Make Over, to and in favor of John Ker, Merchant in Greenock, James Duff, Brass Founder there, and William Johnston Junior, Writer there, my Son, and to the survivors or survivor of them (the major part alive and accepting at the time being always a quorum) as Trustees for the ends uses and purposes aftermentioned, All and Sundry lands and heritages, debts, heritable and moveable goods, gear, household furniture and plenishing, Cash, Bills and Bank Notes, and in general my whole Estate heritable and moveable of whatever nature or denomination the same may be presently belonging or which shall be belonging to me at the time of my death, together with the whole Vouchers and instructions of my said debts and effects and all that has followed or is competent to follow hereon. But these presents are granted in trust always and for the ends uses and purposes aftermentioned Viz^t.

In the first place, my Trustees shall pay all my just and lawful debts, sick bed and funeral charges.

In the Second place they shall allow Elizabeth Thomson, my Wife, the liferent use and enjoyment of my household furniture, and bed and table linen, during her lifetime, and on her decease, the Same shall Continue to be possessed and enjoyed by my daughter Mary during her lifetime and as long as she is unmarried, declaring that on her entering into the married state her exclusive right or interest therein shall cease, and my Trustees shall dispose of my said furniture and bed and table linen and divide the net proceeds thereof among the whole of my Children, as aftermentioned.

In the third place my Trustees shall at my decease, convey and make over to my son Andrew, my Stock in Trade and Goodwill of business, and in Consideration thereof, he shall be burdened with and bound to pay to his Mother during her lifetime, an Annuity of Eighty pounds Sterling: it being hereby expressly provided and declared that my Said Spouse shall be burdened with the maintenance and cloathing of my daughter Mary while unmarried and living in family with her Mother, out of the said Annuity of Eighty Pounds, and which annuity shall be payable by my Said Son Andrew to his Mother half yearly at Martinmas and Whitsunday, beginning the first payment at the term of Martinmas or Whitsunday after my decease.

In the fourth place as the said Annuity shall cease and terminate at the death of my Spouse, and in order still to provide for my said daughter Mary, I recommend my Trustees to lay out on good heritable or personal security, at my decease, as much of my lying Cash as will yield an Annual Return of Twenty Pounds Sterling, and which sum of Twenty Pounds my Trustees shall on the decease of my wife, pay over annually to my said daughter, Mary, half yearly, towards her maintenance and support in addition to her use and enjoyment of my furniture as-aforesaid, declaring that on the marriage of my said daughter, the principal or stock corresponding to the said Annuity of Twenty Pounds shall along with the proceeds of my furniture, bed and table linen as aforesaid, be equally divided among the said William Johnston Junior, and Robert, Janet, John, James, Kerr and Mary Johnston, my children, and the survivor or survivors of them and their heirs.

In the fifth place should there be a sum of lying money belonging to me at the time of my death, more than will yield the said Annuity of Twenty Pounds to my said daughter Mary, then and in that case I hereby instruct my said Trustees to divide the said surplus after paying my debts and funeral charges, equally among the said William, Robert, Janet, John, James and Kerr Johnston and the survivors or survivor of them and their heirs.

In the Sixth Place as my said son James has been absent from this Country for several years and as it is now uncertain whether he is still living, I request my Trustees to deposit in a public Bank taking the receipt in their own name for his behoof the Share falling to him of the surplus of my said lying money and should no intelligence be received of him within four years after my decease they shall divide the said share equally among the said William, Robert, Janet, John and Kerr Johnston, and on the Marriage of the said Mary Johnston, the Share falling to James of the Stock corresponding to the foresaid Annuity of Twenty Pounds shall also be deposited by my Trustees in a public Bank for his behoof as aforesaid for a like period of four years, and on the expiration of that period, without intelligence of my said son James, my Trustees shall likewise divide the said Share among the said William, Robert, Janet, John and Kerr Johnston equally among them and their heirs.

In the Seventh Place I hereby leave and bequeath my Gold Watch and Appendages to my Said daughter Mary deliverable to her at my death.

And lastly, I hereby leave and bequeath to my Said daughter Janet, in addition to her shares of my means before mentioned and to Elizabeth McDonald Johnston my Step daughter, spouse of John Miller, General Inspector of the Fisheries, Leith, a legacy of Twenty Pounds Sterling each, payable at the first term of Martinmas or Whitsunday after my decease.

And for carrying these presents into effect, I hereby Nominate and Appoint my said Trustees, or the survivors or survivor of them to be my Executor or Executors, with Power to expede Confirmations, and all other Writings necessary Reserving my own liferent and enjoyment of the premises with liberty to alter or Revoke these present as I shall think proper. And I hereby and revoke all former Dispositions or other Deeds in favor of whatever person or persons the same may have been granted, which can in any Shape interfere with the purposes of this deed; and I hereby declare all such to be void and null to all intents and purposes dispensing with the delivery hereof. And I consent to the Registration hereof in the Books of Council and Session, or others competent therein to remain for preservation And Constitute .......................Procurators &c In Witness Whereof these presents written upon this and the two preceding pages by the said William Johnston Junior, my Son, Are Subscribed my me At Greenock the Fourteenth day of March, Eighteen hundred and thirty nine years, before these witnesses Archibald Langwill Junior, Clerk, to William Kerr and Andrew Ingles, Writers in Greenock and James Robertson, Apprentice to the said William Johnston Junior.

(Signed)
W^m Johnston
Arch^d Langwill Junior, Witness
James Robertson Witness

Codicil

On reviewing and more fully considering the foresaid Settlement of my affairs, it is my will, that my furniture, bed and table linen etc to be disposed of, on the decease of my foresaid spouse, and the proceeds thereof be added to my lying Cash. That instead of the foresaid Annuity of Twenty Pounds, and the use and enjoyment of my Furniture, my daughter Mary shall be paid by my Trustees as aforesaid, Thirty Pounds Sterling per annum, and that on her Marriage her Annuity shall cease - and that in addition to her share of the principal that produced said Annuity, she shall like her two sisters aforesaid, receive a bequest of Twenty Pounds Sterling. In all other respects it is my will, that my Trustees act upon the preceding Settlement, this Codicil being designed only to regulate the provision of my daughter Mary. Given under my hand At Greenock this Twenty Seventh day of June, One Thousand Eight hundred and nineteen [= thirty-nine?] years.

(Signed)
W^m Johnston
Greenock 1st January 1840. [N.B. He died on 22 Dec 1839!]

We hereby ratify and approve of the within written Settlement and Codicil, and in addition to the Annuity of Eighty pounds provided to our Mother. We Agree that she receive the Interest or Annualrent of the Bond for Five Hundred Pounds Secured upon the property in Sir Michael Street belonging to Hugh Campbell, Shipmaster in Greenock, and granted by him in favor of our deceased Father, of date the fourth day of October last.

(Signed)
W^m Johnston
Robert Johnston
John Johnston
Kerr Johnston
Andrew Johnston.
Greenock 7 April, 1846

This is the Settlement referred to in my deposition to the Inventory of the Personal Estate of the Defunct of this date.

(Signed)
W^m Johnston
A^w Ingles, Com^r

(Follows inventory)

Inventory of the Personal Means and Estate of the deceased William Johnston, Printer in Greenock, as made and given up by John Kerr, Merchant in Greenock, James Duff, Brass founder there and William Johnston Writer there, Executors Nominate and to be confirmed to the said Defunct as per Affidavit of the said William Johnston, dated the seventh day of April Eighteen hundred and forty six hereunto annexed.

Greenock 7 April 1846

This is the Inventory referred to in my deposition hereunto annexed.

(Sig^d)
W^m Johnston
A^w Ingles, Com^r

[£8 Stamp Inventory of W^m Johnston]

At Greenock the Seventh day of April Eighteen hundred and forty six years.

In presence of Andrew Ingles Writer in Greenock, Commissioner appointed by the Commissary of the Commissariat of Renfrew. Compeared William Johnston Writer in Greenock, one of the Executors nominated by the deceased William Johnston Printer in Greenock, under the Settlement executed by him of date the fourteenth day of March Eighteen hundred and thirty nine years who being solemnly sworn and examined depones that the Said William Johnston died At Greenock upon the Twenty Second day of December Eighteen hundred and thirty nine years. That the Deponent and John Ker, Merchant in Greenock, and James Duff, Brassfounder there, the other Executors under the said Settlement, are about to enter upon the management of the deceaseds personal or moveable estate as Executors nominated by the said Settlement, which is herewith produced and Signed by the Deponent and Commissioner as relative hereto. That the Deponent does not know of any settlement or other Writing relative to the disposal of the deceaseds personal Estate and Effects, other than that now exhibited. That the foregoing Inventory now exhibited and Signed by the Deponent and Commissioner of this date is a full and complete Inventory of the Personal Estate and Effects of the deceased wherever situated or due to him at the time of his decease, in so far as the same has come to the Deponents knowledge. That the whole of the deceaseds personal or moveable Estate, situated in Scotland in so far as the same has come to the Deponents knowledge is above the value of Three Hundred Pounds and under the value of Four Hundred and fifty pounds Sterling. All which is truth as the Deponent shall answer to God.

(Signed)
W^m Johnston
A^w Ingles Com^r.