Description

Charter of Adjudication in Implement by Andrew Russell Esquire and Mrs and Miss Russell in favour of The Trustees of the late John Anderson Esquire dated 1833.

Concerning the lands of Graeme Saltcoats alias Candy [Candie]. Handwritten document.

Charter of Adjudication In Implement By Andrew Russell Esquire of Mr and Mrs Russell In favor of The Trustees of the late John Anderson Esquire

1833

[Page 1]

Be it known to all men by this present charter that I Andrew Russel of Candy residing in Stirling with

consent of Mary Glen my spouse and Mary Russel my only surviving child presently residing with me

and I the said Mary Glen for all right of liferent, confirmed fee terce or other right which I have or can

pretend to the lands and others aftermentioned or to any annual rent or annuity payable furth thereof with

the special advice and consent of the said Andrew Russel my husband, and I the said Andrew Russel as

taking burden on me for my said spouse and I the said Mary Russel for all right for my fee annual rent or

annuity which I can claim or pretend to the said lands and others immediate lawful superiors of the lands

and others underwritten have given granted and disponed as we by these presents give grant and dispone

and for ourselves and our interests perpetually confirm to and in favour of John McMillan Esquire Agent

now or lately for the Bank of Scotland in Stirling, John Saivers writer in Stirling William Anderson

Esquire late of the Island of Saint Croix now residing at Southfield Stirling, Thomas Anderson Esquire

residing at Southfield aforesaid and sometime of the said Island of Saint Croix afterwards residing at

Southfield Stirling and to the acceptors or acceptor, survivors or survivor of them and to such other

person or persons as they may assume into the trust created in their favour by the said deceased. John

Anderson Senior for the ends uses and purposes therein expressed the majority accepting and surviving of

the said trustees named or assumed while three or more are acting being always a quorum conform to the

said deceased John Anderson Seniors Trust Dispositions and Settlement dates the eleventh day of

February Eighteen Hundred and twenty five and Registered in the books of Council and Session the

Twenty eighth day of August Eighteen hundred and twenty six heritably but redeemably always and

under reversion all and haile the just and equal half of the lands of Graemes Saltcoates alias Candy and

whole pertinents of the same with the teinds parsonage and vicarage thereof lying in the Barony of Kerse

and Sheriffdom of Stirling as the same were lately possessed by Francis Buckie and now by James Buckie

tenant thereof and according as the same were disponed by William Russell of Forrester Saltcoats father

to the said Andrew Russell in my favor all in real security and for payment of the principall sum of Two

hundred and fifty pounds Sterling contained in a Bond and Disposition in Security dated the fourth day of

June Eighteen hundred and twenty three made and granted by us and Robert Glen Russell son of me the

said Andrew Russell now deceased to and in favor of the said deceased John Anderson Senior.

[Signatures]

Andrew Russell

Mary Russell

Mary Russell

[Page 2]

Senior as also the said principal sum of Two hundred and fifty pounds Sterling itself with the liquidate

penalty legal annualrents and termly failures if incurred all contained in the said Bond and Disposition in

security But redeemably always like said lands and others and under reversion in manner specified in the

said Bond and Disposition in Security and Sasine thereon in favor of the said deceased John Anderson Senior dated the twenty first and Registered in the particulat Register of Sasines kept at Stirling the

Twenty Seventh days of June Eighteen hundred and twenty three which lands and others pertained

heritably but redeemably of before to the said deceased John Anderson Senior holder by him of us and

were with all Reversions writs and securities thereof by value of a Decreet of adjudication in implement

detained at the instance of the said John McMillan, John Saivers, William Anderson, Thomas Anderson

and George Anderson as trustees foresaid before the Lords of Council and Session upon the twenty sixth

day of February Eighteen hundred and thirty three duly and lawfully adjudicated from the before designed

William Anderson, eldest son and apparent heir of of the said deceased John Anderson Senior and

decerned and ordained to pertain and belong to the said trustees and their forsaids in implement of the

general disposition and deed of Settlement made and granted by the said deceased John Anderson Senior

dated and Registered as aforesaid and if a decree of Constitution obtained at the instance of the said

trustees against the said William Anderson and other writs as the said decreet of adjudication and

abbreviate thereof duly registered upon the twenty third day of April Eighteen hundred and thirty three

more fully bears Tobe Holden the said lands and others above disponed by the said trustees and their

foresaids of us as immediate lawful superiors there of in feu farm fee and heritage, but redeemable always

and under reversions as aforesaid by all the righteous meiths and marches thereof with free ish and entry

thereto and all and sundry parts pendicles and righteous pertinents thereof freely and quietly with out any

impediment or obstacle whatever paying therefor yearly at the terms of Whitsunday to us and our

successors for the said lands and others above specified a penny Scots upon the ground of the said lands if

asked allenary and this for all other burden exactions demand or secular service which can any ways be

asked or required furth of the said lands in all time coming and we consent to the registration hereof in the

Books of Council and Session therein to remain for preservation and thereto Constitute our procurator [...] Moreover we hereby Desire and require you and each of you jointly and severally on Bailies in that part to the effect under written specially constituted

[signatures]

Andw

Russell

Mary Russell

Mary Russell

[Page 3]

constituted that upon sight hereof ye press to the ground of the foresaid lands and others and these give

and deliver heritable state and Sasine real actual and Corporal possession of all and haill the just and

equal half of the lands of Graeme Saltcoats alias Candy teinds and others with the pertinents lying and

described as aforesaid and here holden as repeated brevitatis causa to the said John McMillan John Saivers

William Anderson Thomas Anderson and George John Anderson and their foresaids as Trustees foresaid

and that by deliverance to them or to their certain attorney or attorneys in their names bearers hereof of

earth and stone of the ground of the said lands and then for the said lands themselves a handful of grass

and corn for the said land terms and all other symbols usual and necessary But redeemably always and

under reversion in terms of the clause of reversion contained in our said Bond and disposition in security

foresaw to the said deceased John Anderson Senior Salbe jure cujuslibet and this in nowise ye leave

undone which to do we commit to you and each of you conujunctly and severally on full power by this

our precept of Sasine directed to you for that effect in Witness wherof these presents written upon this and

the two preceding pages of stamped vellum by Willam Mackison Clerk to John Saivers and Robert

Sconce Writer in Stirling are subscribed by us at Stirling the sixth day of November Eighteen hundred

and thirty three years Before these Witnesses John Fergusson Clerk to the said John Saivers and Robert

Sconce and the said William Mackison

[Signatures]

John Fergusson

Witness

William Mackison

Witness

Andrew Russell

Mary Russell

Mary Russell