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Deed of Division & Testament Dative (written February 1783)
Gordons o' Girnoc
Inventory of the Goods, Gear and Effects, which belonged to the Deceast Charles Gordon of Abergildie at the time of his Death which happened in the month of March last - Given up by Captain Peter Gordon now of Abergildie eldest son of the said Defunct, Executor nominate to him by his Deeds of Division and Testament of date the 8th February 1783. Under Protestation that the said Executor shall be at liberty to add and eik to the Inventory as afterwards comes to his knowledge - And that he shall only be liable for his actual Intromissions and not for Omissions. And that he shall have allowance and retention in his own hands of the expence of this Confirmation and all other expences, which he has already debursed, or may afterwards deburse, lay out or be put to aren't the Defuncts Executory any manner of way.
The said Peter Gordon Executor nominate foresaid gives up, grants and confesses that there was resting and owing to the said Defunct at the time of his death by the Banking Company in Aberdeen Twelve pounds Sterling upon a Cash Account twixt him and the said ---- Peter Gordon.
At A berdeen the Seventeenth day of May One Thousand Seven hundred and ninety six years - In the presence of Arthur Dingwall-Fordyce of Culsh, Doctor of Laws, Commissary of Abedeen:
The Commissary foresaid Confirms the said Peter Gordon Executor nominate to the said Charles Gordon his father conform to the foresaid Deed of Division and Testament approves of the foregoing Inventory and hereby Grants full power and authority to the said Peter Gordon to intromit with the Sum of money before given up and hath received Hary Lumsden, Advocate in Aberdeen as Cautioner for him that the said Sum shall be made forthcoming to all parties having Interest therein as accords of the Law - And the said Executor and Cautioner Submit themselves to the Jurisdiction of the Commissary of Aberdeen in all matters and Questions relative to the said Executory - And Affix the Office of the Commissary Clerk of Aberdeen as a Domicil for laying on all citations against them thereanent in case they or either of them shall happen at any time thereafter to live wiyhout the Jurisdiction of the said Commissary And which citations shall be as valid as if delivered to themselves personally any law or practice to the contrary notwithstanding
Given at Aberdeen the seventeenth day of May Seventeen hundred and ninety six years.
Compensation due Seven Pounds Scots (A.D. F.)
Signed:
Peter Gordon
Harry Lumsden
Mr Dingwall Fordyce
First Page (of four):
Know all men by these presents me Charles Gordon of Abergeldie whereas by Contract of Marriage bearing date the sixth day of October in the year One thousand seven hundred and fifty entered into and execute betwixt me & Mrs Alison Hunter my Spouse, I inter alia, bound & obliged myself that whatever Lands, heritages, Annualrents, goods, gear & others whatsoever should happen to be conquest and acquired by me during the marriage thereby contracted I should provide and secure the same to myself in Liferent and to the Children procreate or to be procreate betwixt me and my said spouse in fee to be divided among the heir and other Children according as I should think fitt, by a Writ under my hand at any time in my life, eliam in asticulo mortis: And in case of no such division the said Conquest should fall & be divided equally amongst the Children of the marriage other than the heir, who should have no part thereof:
And Whereas I the said Charles Gordon did since my said marriage acquire from James Farquharson Esquire of Invercauld the town and lands of Toldow, Tombreck and Allucil, Lying in the parish of Glenmuick and Sheriffdom of Aberdeen in excambion for the Town and Lands of Dilliefour and Broghdow And the Glen of Glencallater, Lying in the parishes of Braemar & Glenmuick & Sheriffdom foresaid, which belonged to me prior to my said marriage, And which I disponed to the said James Farquharson: And that I also did since my said marriage purchase from Charles Earl of Aboyne The Forrest of the White Mounth and the Haugh of Achallie, commonly called the Haugh of Dalmullachie, Lying in the parish of Glenmuick & Sheriffdom of Aberdeen forsaid: And whereas said excambion & purchase were made for the further accommodation of my Estate of Abergeldie And it is my intention that the Lands so acquired & purchased should descend along with my said Lands & Barony of Abergeldie to my heirs and Successors therein For Securing thereof and removing all questions & debates among my Children in relation to the conquest of the marriage I have resolved to exercise the faculty & power of division referred to me by said Contract of Marriage as follows: Viz:
I allot, delineate and assign to each one of Charles, David, Adam, William & Alexander my younger sons the Sum of One hundred merks Scots to be paid out of the Sums & Subjects conquest and acquired by me during my marriage, by my Executor after named to them respectively At the first term of Whitsunday or Martinmas happening six months after my decease, And that over & above what provisions I have formerly made or here after by any Deed under my hand may make for them or any of them, And in regard Margaret Gordon my only daughter spouse to Dr George Skene, Physician in Aberdeen hath already received her portion and with consent of her husband discharged me the remainder of all Lands, heritage, Annualrents, goods, gear & others whatsoever which have been conquest and acquired by me since my marriage, or may hereafter be conquest or acquired by me during the subsistence thereof.
I allot, destinate, assign & dispone to PETER GORDON my eldest Son & his heirs male, Whom failing to my other heirs whatever succeeding to me in the Lands & Barony of Abergeldie: And particularly, without hurt or prejudice of any other or former Disposition or Conveyance, Or right or title of Succession competent to the said Peter Gordon, but in further Corroboration & confirmation thereof, I do by these presents give, grant, alienate, Assign & dispone to him & his foresaids here lastly & irredeemably All & Whole the foresaid Town & Lands of Toldow, Tombrack & Allveil acquired by me from the said James Farquharson in manner foresaid, Ana all & whole the foresaid Forrest of the White Mounth and the haugh of Achallie commonly called the Haugh of Dalmullachie, purchased by me from the Earl of Aboyne, with the whole priviledges & patinents thereof, as more particularly described in the Several Rights & Investments thereof, With the whole Writs & Evidents thereof Provisions (?) of Resignation, Receipts of Sasine, Clauses of Warrandice & whole other Clauses contained in said Writs And whole entails & dutys of said Lands: And I Bind & Oblige myself my heirs & Successors to invest & Lease in due & Lawful manner the said Peter Gordon & his foresaids in said lands And for that purpose to make grant, subscribe & deliver to them Charters, Dispositions or other Writings necessary extended in ample form And containing Priorities of Resignation, Precepts of Sasine & other clauses necessary, Ay & until they be sufficiently secured therein.
Moreover I hereby name & appoint the said Peter Gordon to be my sole Executor And leave, devise & bequeath to him my whole moveable means & Effects, with the burden of the payment of my whole just & lawful debts, And of such provisions or Assignments of furniture or effects as I have made or may make to the said Mrs Alison Hunter my spouse And of the provision or destination I have already made in favour of my other Sons. On such other Sums as I may hereafter by any write under my hand destinate or provide to them or any of them, or any other person With power to the said Peter Gordon to intromitt and possess himself of my said moveable subjects And dispose of the same without the necessity of Confirmation.
Reserving always to myself the full & free Liferent, use & enjoyment of the subjects before mentioned And power to alter, innovate or cancel these presents at pleasure.
Lastly I dispense with the not delivery of these presents and declare that alth'o the same shall be found lying by me, or in the custody of any other person at the time of my death, the same if not revoked, cancelled or altered shall be as valid & Effectual as if the same had been delivered: And I Consent to the registration hereof in the books of the Council & session or any other competent Register for preservation or Execution as Effeir and thereto constitute.
My Prosn. & In witness whereof I subscribe these presents wrote on this & the three preceeding pages of stamped paper by David Morice Advocate in Aberdeen. At Aberdeen the Eighth day of February in the year one thousand seven hundred and eighty three (8th February 1783) Before witnesses the said David Morice and James Leslie presently residing in Aberdeen.
Signed.
Charles Gordon