Mary Howat Dalzeil
1826-1898
Born: Fenwick, Ayrshire
Died: Gorbals, Glasgow, Scotland
<p style="text-align: center; margin: 0in 0in 0pt" align="center"><font face="Times New Roman" size="3">12<sup>th</sup> February 1883</font></p><p style="margin: 0in -0.75in 0pt 9pt; tab-ss: 6.75in"><font face="Times New Roman" size="3">I James Walker residing at Number Five Howard Street Glasgow having resolved to make the following settlement of my affairs so as to prevent all disputes after my decease Do hereby Transfer Assign and Dispone to and in favor of John Brown residing at Number sixty eight Saint Mungo Street Glasgow and William Orr Farmer South Beggart Beith and to the acceptor or survivor of them and to such other person or persons as may be assumed into the Trust as Trustees for the ends uses and purposes aftermentioned. All and Sundry lands and heritages and in general the whole estate heritable and moveable real and personal of what kind or nature soever or wheresoever situated presently belonging and addebted to me or what shall belong and be addebted to me at the time of my decease with the whole vouchers and instructions writs titles and securities thereof and all that has followed or is competent to follow thereupon. But in Trust always for the ends uses and purposes after specified viz:<span> </span>First for payment of all my just and lawful debts deathbed and funeral charges and the expenses of executing this Trust.<span> </span>Second I direct my said Trustees to pay the sum of Ten Pounds Sterling to my niece Mrs. Mary Howat or Dalziel wife of Robert Dalziel residing in Howard Street Glasgow or her heirs in consideration of the benefits I received from her during the time I resided in her house.<span> </span>Third It is my desire and I direct my Trustees to purchase and deliver of memorials of me a silver watch of about the value of Five Pounds to each of the following parties who may survive me viz: - James Howat son of John Howat, Warehouseman Glasgow.<span> </span>James Howat son of David Howat Printer in Glasgow.<span> </span>James Wright son of John Wright Painter in Glasgow.<span> </span>James Walker son of Hamilton Walker residing in Hurlford and James Walker Murray son of William Murray in Glasgow:<span> </span>Further I leave and bequeath and direct my said Trustees to hand over my gold albert chain to David Boyd Walker also son of the said Hamilton Walker my silver watch to James Walker son of Hugh Walker Warper in Glasgow and my harmonium to the said David Howat my nephew:<span> </span>Fourth Any furniture jewellery or clothing other than those specially dealt with aforesaid which may belong to me at my death shall be divided and allocated to such relatives and in such manner as my Trustees may direct:<span> </span>Fifth After satisfying the aforesaid provisions I direct my Trustees to divide the residue of my means and estate into five equal parts or shares and pay one fifth thereof to my brother Hugh Walker Warper in Glasgow and the remaining four fifths to be equally divided and paid over to my nephews and nieces aftermentioned share and share alike viz: - John Walker Weaver Fenwick Ayrshire, Jean Walker or Shedden residing in Barrhead the said John Howat the said David Howat and the said Mary Howat or Dalziel, Margaret Howat or Wright wife of the said John Wright, Mary Walker or Wilson daughter of the late Robert Walker, Susan Walker or Stewart also daughter of the said Robert Walker, Jemima Walker or Love also daughter of the said Robert Walker, Margaret Walker or Howat wife of the said David Howat, the said Hamilton Walker, Robert Walker presently in Australia, David Walker also presently in Australia:<span> </span>Declaring that in respect my brother the said Hugh Walker is presently due and owing to me the sum of One Hundred and Thirteen pounds conform to I.O.U. or acknowledgement granted by the said Hugh Walker in the name of his firm of Hugh Walker and Son of date second June Eighteen hundred and seventy nine together with interest on the various items therein specified from the dates of the respective loans as therein set forth my said Trustees shall impute the said sum so owing to me in <u>pro</u> <u>tanto</u> of the foresaid share of my said means and estate hereby bequeathed to the said Hugh Walker it being my intention that he or his heirs shall not receive any payment out of my estate in respect of said share except in so far as it may exceed the said principal sum and interest due to me providing however that should the said principal sum and interest so due to me exceed the said fifth share I empower my Trustees either to recover the said balance or to cancel the claim for the amount thereof as they may see fit:<span> </span>Declaring that should any of the parties hereinbefore named or designed quarrel or impugn these presents in any manner of way or on any ground whatever they shall forfeit tyne and lose the whole provisions hereby conceived in their favor and their whole right and interest in my means and estate or any part thereof and the share of such party or parties shall devolve upon and be divided among the remaining residuary legatees; and to enable my said Trustees and their foresaids to carry out this Trust I confer upon them all requisite powers privileges and immunities and particularly but without prejudice to the foresaid generality they are hereby empowered to realize and convert into cash the whole of my said means and estate above conveyed and sell the same or any part thereof by public group or private bargain and at such price or prices as they shall think proper:<span> </span>And I appoint my Trustees and their foresaids to be my sole Executors with all the usual powers and to be Tutors and Curators to such of the beneficiaries who may be in pupillarity or minority at my death.<span> </span>Declaring that my said Trustees shall not be liable either as Trustees or as Tutors or as Curators for omissions or neglect of management nor singuli in solidum but each for his own actual intromissions only:<span> </span>And I do hereby revoke all former deeds and writings of a testamentary nature executed by me relative to the disposal of my means and estate:<span> </span>And I reserve my own liferent of the whole premises with full power to alter or revoke these presents in whole or part as I shall see fit:<span> </span>And I dispense with the delivery hereof:<span> </span>And I consent to registration hereof for preservation<span> </span>In Witness Whereof I have subscribed these presents written upon this and the two preceding pages by James Andrew Love Clerk to Robert Rodger Writer in Glasgow (under declaration that the word “John” occurring on the twenty eight line of page first hereof<span> </span>and the word “John” occurring on the eight line of page second hereof are both written on erasive before subscription hereof) at Glasgow upon the sixth day of September Eighteen hundred and eighty two before these witnesses the said Robert Rodger and James Andrew Love (signed) James Walker.<span> </span>R. Rodger Witness J. A. Love Witness<span> </span>We John Brown residing at sixty eight Saint Mungo Street Glasgow and William Orr Farmer South Biggart Beath do hereby accept of the Offices of Trustees and Executors conferred upon us by the within Trust Disposition and Settlement.<span> </span>In Witness Whereof<span> </span>this minute written by Robert Rodger Writer in Glasgow is subscribed by us at Glasgow upon the eighteenth day of January Eighteen hundred and eighty three before these witnesses the said Robert Rodger and David Perston his Clerk (signed) John Brown William Orr R. Rodger Witness D. Perston Witness.<span> </span>Glasgow 12<sup>th</sup> February 1883.<span> </span>This is the general Disposition and Deed of Settlement referred to in my Affidavit of this date. (signed)<span> </span>William Orr G.W. Snodgrass J.P.</font></p>
<p style="text-align: center; margin: 0in 0in 0pt" align="center"><font face="Times New Roman" size="3">15<sup>th</sup> November 1887</font></p><p style="margin: 0in 0in 0pt"><font face="Times New Roman" size="3">Robert Dalziel Iron & Metal Merchant two Hospital Street Glasgow the only partner of the firm Galbraith & Dalziel Iron & Metal Merchants there & residing at five East Howard Street Glasgow in order to settle the succession to means & estate do hereby dispose & make over to & in favor of<span> </span>Gavin Watson Lithographer & Printer East Howard Street Glasgow & Alexander Borland Grocer High Street Paisley & the survivor and acceptor of them & the heir of the survivor as Trustees & Trustee for the purposes of the aforementioned & the assignees of them & their foresaids all & sundry the whole means & estate heritable & moveable real & personal of every kind & description of which I may die possessed together with the writs & vouchers of the same & further I nominate my Trustees & the survivor of them to be my sole executors & executor.<span> </span>But these presents are granted in Trust for the following purposes (viz) (First) for payment of all my just & lawful debts sickbed & funeral expenses & the expense of executing this Trust (Second) I direct my Trustees to deliver to my wife Mrs Mary Boyd Howat or Dalziel as her own absolute property my whole household furniture & plenishing including therein jewellry books china silver plate and bed & table linen & pictures (Third) I direct my Trustees to pay to my said wife Mary Boyd Howat or Dalziel out of the first and readiest of my means & estate the sum of eighty pounds which she gave to me out of her share of her uncles estate and which is her own property (Fourth) I direct my Trustees as soon as convenient after my death to pay to Mrs Alice Currie or Barr residing at Hospital Street Glasgow the sum of<span> </span>two hundred & twenty five pounds & interest thereon which I owe her (Fifth) I direct my Trustee to divide the whole rest residue & remainder of<span> </span>means & estate among my wife & my children surviving at my death according to their legal rights exclusive in the case of my daughters the jus mariti & right of administration of husbands Declaring that should any of<span> </span>my children predecease me leaving issue such issue shall take equally among them the share their parents would have taken on survivance & I empower my Trustees to receive discharge or assign the whole debts & effects belonging to me & to realize and convert into money the whole of my estate & specially any business or businesses in which I may be engaged at the time of my death & that either my public roup or private bargain at such prices & on such terms as they may see proper & to execute all deeds & writings necessary for that purpose with power also to compromise or settle by arbitration or by the advice of counsel all disputed claims or questions against or concerning my estate & to take part for the whole of any doubtful debts, with power also to appoint any one of their own number or any other person to be factor or law agent or both under them & to allow the factor a reasonable remuneration & the law agent the usual professional fees, & my said Trustees shall not be obliged to do any other diligence than they may see proper & they shall not be liable for the actings or intromissions of any factor or law agent to be appointed by them & I reserve my liferent of the premises & full power at any time of my life or even on deathbed to alter add to or cancel these presents at pleasure & I specially revoke & recall all Testamentary Deeds & Writings heretofore executed by me & I dispense with delivery & conduct to the registration here for preservation.<span> </span>In witness whereof these presents written by Hugh Young clerk to Macgeorge Cowan & Fraser Writers in Glasgow on the second day of September eighteen hundred & eighty seven before these witnesses the said Hugh Young and Alexander Crichton apprentice to Matthew Pollock Fraser Writer in Glasgow (signed) Robt Dalziel Hugh Young witness Alex Chricton witness Glasgow 11<sup>th</sup> November 1887 This the Trust Disposition & Settlement referred to in the oath to the Inventory of the personal estate of the late Robert Dalziel emitted by me of this date (signed) Gavin Watson W. W. W. Reid J. P. </font></p>