WILL of Rev. John Whyte

The Will of Rev. John Whyte and Janet Wyse Mackie of Pitfar, Cameron Park, Edinburgh dated 25 November 1893
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We the Reverend John Whyte and Mrs Janet Wyse Mackie or Whyte spouses residing at
Pitfar, Cameron Park, Edinburgh, for the settlement of the succession to our means and estates.
Do hereby Give grant and Assign, Dispone convey and make over to and in favour of
James Wyse Mackie and George Mackie both Bakers and Confectioners in Edinburgh ,
George Skinner Baker and Confectioner residing at number twenty eight India Street, Glasgow,
John Mackie Whyte, Master of Arts Bachelor of Medicine & residing at number fifteen Airlie Place Dundee, our eldest son, and
William Whyte lately in the Bank of Johannesburg, South Africa our second son , and to any other person or persons whom we may hereafter nominate and appoint by any joint writing under our hands, or who may be Lawfully assumed into the Trust, and to the acceptors and survivors and acceptors and survivors of them, the major number of them accepting and surviving and residing in Great Britain from time to time being a quorum, and to the heirs of the longest liver of them, as trustees and trustee for the ends uses and purposes aftermentioned and to the assigns of the said Trustees, or their said quorum.

All and sundry lands and heritages, debts goods gears effects and sums of money and in general the whole subjects and estate heritable and moveable, real and personal owing and belonging or which shall be owing and belonging to us respectively at our respective deaths, with the rents, interest, profits and produce and writings , titles and vouchers thereof.

And we hereby severally nominate and appoint our said Trustees and their forsaids to be our sole Executors and executor respectively .
But these presents are granted and are to be accepted by our said Trustees and their forsaids in trust , with the powers and for the ends , uses and purposes following videlicet:-

That they may as they are hereby authorised and empowered to do, call, sue for, realise uplift receive assign and discharge the whole means and debts and effects due and belonging to us respectively at our respective deaths, with power to sell realise and convert into money or to concur in selling realising and converting into money any lands or other heritages, as well as any personal estate or effects belonging to us respectively or in which we may be interested receptively and that either by public roup? or private bargain and in whole or in such lots and for such price or prices or other consideration as they may think proper.

That they may let or concur in letting the said lands and Heritages or the said moveables or any part or portion thereof for such period and for such terms as they may think proper.

And we provide and Declare that the receipt of our said Trustees shall be a sufficient discharge to all Parties dealing and transacting with them in their character of Trustees, and that such parties shall have no concern with or right to enquire respecting the application of moneys paid by them to our Trustees or the management of our respective means and estates and our said Trustees shall hold and apply our respective means and estates and the produce and proceeds thereof for all ends uses and purposes following videlicet:-

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In the First Place. For the payment of all my just and lawful debts due by us respectively at our respective deaths. The sickbed and funeral expenses of us respectively and the expenses of executing this Trust.

In the Second Place. For the payment or delivery of any legacies or bequests which we may leave or bequeath by any joint writing under our hands though neither holograph nor tested

In the Third Place. Our Trustees shall hold the whole residue and remainder of the means and estate of the first deceased of us, for the liferent use and behoof of the survivor of us and shall pay over to such survivor during all the days of his or her life the whole rents, interest and annual produce and income thereof.

In the Fourth Place: Should either of the presently unmarried daughters of our marriage survive and remain unmarried at the death of the survivor of us.
We direct our Trustees to hold the dwelling house and apertiments? called Pitfar, situated at Cameron Park Edinburgh and the whole household furniture and plemsling? including books pictures bed and table linen china ornaments silver plate and plated articles and in general the whole household effects and furnishings therein ( all herein after referred to as the said house and furniture) together with three tenths of the free residue and remainder of the means and estates of both of us (exclusive of the said house and furniture) for the liferent use and behoof of such daughters then surviving and remaining unmarried jointly and equally or such daughter then surviving and remaining unmarried wholly if there be only one and that so long as they respectively or she shall survive and remain unmarried .

We Declare that should both of the presently unmarried daughters of our marriage then survive and remain unmarried but one of them subsequently die or be married , our Trustees shall after such subsequent death or marriage of one of them, hold the said house and furniture and the said three tenths of residue for the liferent use and behoof of the other of them solely, so long as she shall survive and remain unmarried.
And on the death or marriage of both of such daughters, we direct our Trustees to hold and apply pay and convey the said house and furniture or proceeds thereof and the said three-tenths of the residue to and for behoof of the whole children of our marriage and the issue of deceasers in the same way and manner as is hereinafter provided with regard to the remaining seven-tenths of residue aftermentioned.

In the Fifth Place; Upon the death of the survivor of us, we Direct our Trustees in the event of the fourth purpose hereof taking effect to hold and apply pay and convey seven-tenths of the said free residue and remainder of the means and estate of both of us exclusive of the said house and furniture as aforesaid,
Or in the event of the said fourth purpose not taking effect to hold and apply and pay and convey the whole free residue and remainder of the means and estates of the both of us including the said house and furniture to and for behoof of the whole children of our marriage and the issue of such of them as may predecease the term of payment thereof; payable in such proportions at such terms on such conditions and under such restrictions as we or the survivor of us may direct by any writing under our joint hands while both of us shall survive, or by any writing under the hand of the survivor of us executed after the death of the first deceaser of us, the survivor of us having full power after the death of the first deceaser or us to execute any such writing to the effect of superseding cancelling or altering, in whole or in part, any such writing which may previously have been executed by us jointly;
And failing any such writing then equally to and for behoof of and among the whole children of our marriage, payable to them after the death of the survivor of us.
In the case of sons on their respectively attaining Majority and
In the case of daughters on their respectively attaining Majority or being married whichsoever of these events shall first happen.

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And in the event of any of the said children dying before the said period of payment
leaving lawful issue, such issue shall be entitled equally among them if more than one to the share to which their parents would have been entitled if in life.

And in the event of any of the said children dying before the said period of payment,
without leaving lawful issue, the share of such deceaser as far as unpaid on not conveyed, shall fall to and be divided equally amongst the survivors and survivor of the said children jointly with the lawful issue of any of them who may be deceased leaving issue such issue succeeding equally among them to the share to which their parent would have been entitled if inlife. And the share falling to minor representatives of any of the said children who may predecease shall be paid over to their lawful guardians for them behoof.

And we Direct or Trustees after the death of survivor of us, to hold and apply the interest or annual income of the share prospectively falling to each of the said children , or such part thereof as our Trustees may deem necessary and proper for the maintenance and clothing , education or advantage of the said children respectively , until actual payment of their shares.

And it is hearby Declared that the shares of succession effecting to the said children shall become vested interests in their persons at and only upon the arrival of the period of payment above mentioned, except in so far as the same may be advanced to them by these presents.

And it shall be in the power and option of our Trustees, if they shall think fit to advance and pay after the death of the survivor of us and before the arrival of the term of payment above mentioned to or for behoof of the said children, or any of them, any part not exceeding one half of the fee or capital of the provisions hereby made in his or her favor for establishing or assisting a son in business, or fitting out a daughter on marriage or otherwise for behoof of the said children.

And it is hereby Declared that the whole provisions hereby made in so far as in favor of or descending? upon females shall be expressly exclusive of the Jus Marite right of administration of any of the husbands they may have married or may marry, and shall not be affectable by the debts or deeds of any such husbands or any diligence or execution competent to follow thereon.

And we Provide and Declare that the acceptance of the forgoing provisions in favor of the said children shall be deemed to be in full satisfaction to them of Legiteiu and executry and of all claims legally competent to them upon the death of either of us, and that the liferent provision hereby made in favor of the survivor of us, is hereby accepted in full satisfaction of all claims competent by law to the survivor in or against the means and Estate of the predeceaser.
And we Reserve our liferent use of our own respective means and estate and full power to us jointly to revoke , burden, qualify explain or in any said way to alter these presents at pleasure.

And we Revoke all former WILLS and Settlements heretofore made by us and we dispense with the delivery hereof.

And Declare that these presents so far as unaltered though found lying by us or either of us, or in the custody of any person undelivered at the decease of us or either of us, shall have the full effect of a delivered evident.

And we consent to the registration hereof for preservation.

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IN WITNESS whereof these presents written on this and the two proceeding pages by
Peter W. Murray clerk to Robert Macdougald solicitor Edinburgh are (under the declaration that the word "lately" occurring on the ninth line of the page first hereof is written on erasure) subscribed by us the said Reverend John Whyte and Janet Wyse Mackie or whyte both at Edinburgh on the twenty fifth day of November in the year Eighteen hundred and ninety three.
before these witnesses the said Robert Macdougald and Robert Lochie Gibson residing at number ten Cameron Crescent Edinburgh .
Signed:-
John Whyte Janet w. Whyte
Witness:- R Macdougald

Witness:- W.L. Gibson

I hearby accept the office of Trustee and Executor conferred upon me by the forgoing Trust Disposition and Settlement.
Signed:- J. W. Mackie, Edinburgh, 8th October 1894

I hearby accept the office of Trustee and Executor conferred upon me by the forgoing Trust Disposition and Settlement.
Signed:- George Mackie, Edinburgh, 8th October 1894

I George Skinner within designed hearby accept the office of Trustee and Executor conferred upon me by the forgoing Trust Disposition and Settlement.
Signed:- Geo. Skinner , Glasgow, 28 India St. 9th October 1894

I John Mackie Whyte within designed hearby accept the office of Trustee and Executor conferred upon me by the forgoing Trust Disposition and Settlement.
Signed:- J. Mackie Whyte , Dundee, 15 Airlie Place. 13th October 1894

I William Whyte within designed hearby accept the office of Trustee and Executor conferred upon me by the forgoing Trust Disposition and Settlement.
Signed:- Wm. Whyte , Edinburgh, . 9th October 1894

EDINBURGH 12 Oct 1894

This is the natural Trust Disposition & Settlement referred to in my affidavit of this date to the inventory of the Estate of the late Reverend John Whyte within designed.
Signed:- J. W. Mackie
Signed:- J. Clapperton J.P.

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PROBATE

 Rev. John Whyte
    3 per cent   £35.9.9 
    Testate
    16 November 1894

INVENTORY At Edinburgh the sixteenth day of November eighteen hundred and ninety four, the following Inventory of the personal Estate of the deceased Reverend John Whyte and Deed relative to the disposal thereof were presented by W R MacDonald, Solicitor 22 London St

Inventory of the personal or movable Estate and Effects, wheresoever situate of the late Reverend John Whyte, Pitfar, Cameron Park, Edinburgh, who died at Edinburgh on the 11th day of September 1894 Scotland

Principle sum in Policy of Assurance with the Scottish Provident Institution (No. 8165) £200 . . Bonus additions thereto 112.16/.
Principle sum in Policy with the said Institution (no. 8882) £500
Bonus addition thereto 282 9/.
Household furniture re which belonged to the deceased as per Inventory & Valuation herewith £ 99.12/.
Balance on Current account with the National Bank of Scotland South side Branch £32.5.9
£1227.2.9
Signed J.W. Mackie signed J. Clapperton J.P. At Edinburgh the twelfth day of October eighteen hundred and ninety four. In the presence of John Clapperton Esquire one of the Justices of the Peace for the County.

appendix

 VIDELICET (Viz.)
ADVERB: That is to say: namely, as follows, specifically. 
Idioms: to wit 

BEHOOF
. Verb  (archaic) advantage; profit; benefit; interest; use. Nearest:
behold, beholden, beholder, beholding, behoove 

Roup
 =auction in public

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