PJ Peddie
A trust-disposition and settlement was executed by the late George Ogilvie, some time of the island of Jamaica, thereafter residing in Dundee. By the dispositive clause of this deed, which bore to be dated 4th July 1808, Mr Ogilvie gave, granted and disponed, to and in favour
" of the Rev. Messrs Archibald M'Lauchlan and James Thomson, ministers of the gospel, and their successors in the ministry, James Smith, merchant, Andrew Peddie, wood-merchant, Charles Adie, student of divinity, and David Brown, merchant, all in Dundee, and to such person or persons as they shall assume in virtue of the powers hereinafter committed to them, and to the survivors or survivor of them (the major part alive, and accepting at the time, and residing in Scotland, being always a quorum,) as trustees for the uses and purposes aftermentioned, and to the assignees or disponees of the said trustees, All and sundry lands and heritages, money," &c.
and whole estate and effects then belonging or which should belong to him at the time of his death, for the purpose, 1st, of implementing and fulfilling to bin widow the whole obligations contained in a marriagecontract between hint and his spouse ; 2d, of giving (o her a liferent of a certain tenement in Dundee; 3d, appointing her to manage and receive the whole rents, profits, &c, of the deceased's estate, out of which she was to retain her own annuity, and
" to apply the balance as her discretion shall direct, for the maintenance, clothing, and education of the children, till they should reach the age of twenty-one;"
4th, the residue of the estate and effects was to be divided equally among the children of the deceased; and, btfi, failing the children, without issue, the trustees were directed to make payment of certain special legacies to various individuals, and to apply the residue to the erection of an hospital in Dundee. The deed contains the following clause: " And I do hereby nominate and appoint my said spouse to be always one of the quorum of my trustees, while alive and residing in Dundee; but, in case of her refusal or leaving Dundee, my said trustees or their quorum shall proceed in the execution of the trust in the same manner as if she were not appointed one of them ; and I also appoint her to manage and receive the whole rents, interest, and annual profits of my trust-estate, out of which she shall retain for herself the annuity she is entitled to receive from it, and she is to apply the balance as her discretion shall direct, for the maintenance, clothing and education of my children, and the expense attending the present trust, until my said children respectively arrive at the age of twentyone years complete, if they shall live till then."
This deed, which was holograph of the truster, was also tested. But, in the dispositive clause of the deed, the names and designations of two of the trustees, viz., Andrew Peddie, wood-merchant, and David Brown, merchant, and the name of a third, viz., James Smith, were written upon erasures.
At the time when this deed was executed, Mr Ogilvie had a son, George Ogilvie, junior, and a daughter, Lillias Ogilvie, alive. The daughter predeceased her father in minority, and without issue. As regarded his son, Mr Ogilvie, senior, executed a holograph addition or codicil relative to the deed of 1808, and dated 3d February 1819, whereby he revoked the before mentioned settlement, in so far as it related to George Ogilvie his son, in place of which he directed that
" he and his children (if he shall have any) shall have the interest or annual profit of the whole residue and remainder of my trust-estate, and effects paid to him and them quarterly, or in such proportions as my trustees shall think proper, during his and their lifetime, as an annuity for their alimentary support, and after his and their decease, my trust-estate shall be applied as directed in tills settlement."
book
The Scottish jurist:
containing reports of cases decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts (Google eBook)
" of the Rev. Messrs Archibald M'Lauchlan and James Thomson, ministers of the gospel, and their successors in the ministry, James Smith, merchant, Andrew Peddie, wood-merchant, Charles Adie, student of divinity, and David Brown, merchant, all in Dundee, and to such person or persons as they shall assume in virtue of the powers hereinafter committed to them, and to the survivors or survivor of them (the major part alive, and accepting at the time, and residing in Scotland, being always a quorum,) as trustees for the uses and purposes aftermentioned, and to the assignees or disponees of the said trustees, All and sundry lands and heritages, money," &c.
and whole estate and effects then belonging or which should belong to him at the time of his death, for the purpose, 1st, of implementing and fulfilling to bin widow the whole obligations contained in a marriagecontract between hint and his spouse ; 2d, of giving (o her a liferent of a certain tenement in Dundee; 3d, appointing her to manage and receive the whole rents, profits, &c, of the deceased's estate, out of which she was to retain her own annuity, and
" to apply the balance as her discretion shall direct, for the maintenance, clothing, and education of the children, till they should reach the age of twenty-one;"
4th, the residue of the estate and effects was to be divided equally among the children of the deceased; and, btfi, failing the children, without issue, the trustees were directed to make payment of certain special legacies to various individuals, and to apply the residue to the erection of an hospital in Dundee. The deed contains the following clause: " And I do hereby nominate and appoint my said spouse to be always one of the quorum of my trustees, while alive and residing in Dundee; but, in case of her refusal or leaving Dundee, my said trustees or their quorum shall proceed in the execution of the trust in the same manner as if she were not appointed one of them ; and I also appoint her to manage and receive the whole rents, interest, and annual profits of my trust-estate, out of which she shall retain for herself the annuity she is entitled to receive from it, and she is to apply the balance as her discretion shall direct, for the maintenance, clothing and education of my children, and the expense attending the present trust, until my said children respectively arrive at the age of twentyone years complete, if they shall live till then."
This deed, which was holograph of the truster, was also tested. But, in the dispositive clause of the deed, the names and designations of two of the trustees, viz., Andrew Peddie, wood-merchant, and David Brown, merchant, and the name of a third, viz., James Smith, were written upon erasures.
At the time when this deed was executed, Mr Ogilvie had a son, George Ogilvie, junior, and a daughter, Lillias Ogilvie, alive. The daughter predeceased her father in minority, and without issue. As regarded his son, Mr Ogilvie, senior, executed a holograph addition or codicil relative to the deed of 1808, and dated 3d February 1819, whereby he revoked the before mentioned settlement, in so far as it related to George Ogilvie his son, in place of which he directed that
" he and his children (if he shall have any) shall have the interest or annual profit of the whole residue and remainder of my trust-estate, and effects paid to him and them quarterly, or in such proportions as my trustees shall think proper, during his and their lifetime, as an annuity for their alimentary support, and after his and their decease, my trust-estate shall be applied as directed in tills settlement."
book
The Scottish jurist:
containing reports of cases decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts (Google eBook)
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