Primo

Cash in the House

30

1

-

Secundo

Principal Sum in Deposit Receipt by the

Agent of the British Linen Company, Cold-

stream dated 23^rd October 1854

Interest thereon to 16^th May 1856

41

16

4

40

1

-

16

-

4

Tertio

Principal Sum in Deposit Receipt by the Agent of the British Linen Company

Coldstream dated 12^th May 1856

48

10

8

4

Interest thereon to 16^th May 1856

48

11

-

Quarto

Twenty sares of the Stock of the Scottish

Union Insurance Company at £1-14-6

per share

34

10

-

Quinto

One and a half shares of the Stock of

the New Gas Light Company of Cold-

stream at £5 per share

7

10

-

Sexto

The Deceased’s Household Furniture, Bed and Table Linen Plate Stock in Trade and other effects, valued by Robert Bennet Licensed Appraiser and Appraisement

dated20^th May 1856

57

9

-

Septimo

Amount of Book Debts paid to the Trustees appointed by the Deceased, by parties

sit-uated in Scotland

133

2

8

Octavo

Book Debts due by Sundries viz

353

-

-

Bro.

Forward

353

-

-

James Wilson Writer Coldstream

2

16

3

James Reid Letter Carrier Coldstream

11

6

The Revd. Thomas Smith Goldie Cold-

stream Manse

13

12

11

William Cunningham Writer Cold-

stream

8

8

-

William Patterson Shoemaker Cold-

stream

5

-

Alexander Fish Merchant Coldstream

14

6

Mrs Carr, Coldstream, Executrix of the

late John Carr, Esq Coldstream

2

7

3

Robert Carlyle Groom Coldstream

1

9

Robert Bennett Cabinet Maker

Coldstream

1

-

John Lamb Rope Maker Cold-

stream

5

6

William Maule Watch Maker

Coldstream

18

6

James Beven Tinsmith Coldstream

4

9

8

Alexander Smart Carter Cold-

stream

1

3

7¼

William Foster Saddler Coldstream

1

6

-

John Foster Shoemaker Coldstream

1

7

-

Alexander Steel Joiner Coldstream

5

6

William Davidson Coldstream

1

3

-

David Robertson Esq. of Ladykirk

15

6

Mrs Milne Home of Wedderburn

6

6

Robert Nisbet Esq. Jr Mersington

6

-

    --   Cotton Groom Lees

17

-

James Ord Smailholm

2

6

Mrs Matilda Erskine Glasgow

2

7

6

44

11

11¼

Nono

Book Debts due but desperate viz:

The late George Nicholson Black-

smith Coldstream

1

10

-

Forward  £

1

10

-

397

11

11¼

Bro. Forward

1

10

-

397

11

11¼

Thomas Galbraith Joiner Coldstream

1

14

7

Edward Walker Servant to Col.

Richardson sometime residing in

Coldstream

19

3

George Forrest sometime Brewer

in Coldstream

1

19

6

John Kirsop Morrison, sometime

residing in Coldstream

4

18

10

James Troupe sometime Accountant

in Coldstream

19

6

Joseph Little sometime residing at

Ladykirk

1

6

William Morrison sometime residing

in Kelso

1

8

-

Robert Hunton sometime residing

at Lennelhill

3

10

Thomas Darling sometime Mill

Wright Dunlaw

12

6

John Woodroff late Servant at

Vester House

11

6

The late Mrs Bauld sometime

residing at Gifford

4

-

James Kitching sometime residing

at Lennel

19

-

Henry Elliot sometime residing in

Jedburgh

2

6

Paul Seiper(?) sometime Strapper to

Lord Wemyss

2

9

The late Robert Palmer, sometime

Groom to the Earl of Kintore

10

6

16

10

9

On which no value can be put, some of

the debtors being dead, and the others

utterly

Forward  £

397

11

11¼

Bro. Forward

397

11

11¼

utterly insolvent

Value of the Deceased’s Estate in Scotland     £

397

11

11¼

There were also book debts due to the

deceased at the time of his death by

parties situated in England and Aus-

tralia – considered good amounting to              £

207

6

11½

And Book Debts due by parties also re-

siding in England and Australia

amounting to

70

18

5

but desperate and on which no

value can be put from the

utter insolvency of the debtors

(Signed) Wm. Cunningham Alexr Fish A D McLaren

J.D. Commiser.~

At Hope Park Coldstream the Nineteenth day of March Eighteen hundred and fifty seven years.

In presence of Captain Alexander Donald McLaren of Hope Park one of Her Majestys Justices of  the Peace for the County of Berwick Commissioner appointed by the Commissary Depute of Berwickshire to take the Oaths underwritten.~

Appeared William Cunningham Writer in Coldstream and Alexander Fish Merchant in Coldstream, who being solemnly sworn and examined Depone that Alexander Foster Boot and Shoemaker in Coldstream died upon the sixteenth day of May Eighteen hundred and fifty six, and the Deponents have entered upon the possession and management of the deceased’s personal or removeable estate as two and a quorum of the Trustees and Executors nominated and appointed by the deceased in a Trust Disposition and Settlement executed by him on the thirteenth day of March Eighteen hundred and fifty five, which is now exhibited and signed by the Deponents, and the said Commissioner of this date as relative hereto.  That the Deponents do not know of any Settlement or other writing relative to the disposal of the deceased’s Personal Estate or Effects or any part of them other than that now exhibited. That the said Inventory each page of which is signed by the Deponents and the said Commissioner as relative hereto, is a full and true Inventory of all the Personal or moveable Estate and Effects of the said deceased Alexander Foster, wheresoever situated, already recovered or known to be existing, belonging or due to him beneficially at the time of his death, and that the value of said Estate situated in Scotland is of the value of Three hundred pounds Sterling and under the value of Four hundred pounds Sterling All which is truth as the Deponents shall answer to God (signed) Wm. Cunningham, Alexander Fish, A.D. McLaren JP Commr. Written  by James Romanes Collated by Robert Romanes.

Follows petitition for commission to take the Oath to the foregoing Inventory.~

Unto the Honourable The Commissery of the Commiseriat of Berwick and his Depute. The Petition of William Cunningham Writer in Coldstream, and Alexander Fish Merchant in Coldstream, Humbly sheweth That the deceased Alexander Foster Boot and Shoemaker in Coldstream died on or about the sixteenth day of May Eighteen hundred and fifty six, and the Petitioners are two, and a quorum of the Trustees and Executors, nominated and appointed by the deceased in a Trust Disposition and Settlement executed by him on the thirteenth day of March Eighteen hundred and fifty five years, herewith produced. That with the view of obtaining Confirmation to the Estates of the said Alexander Foster, the Petitioners have made up and lodged with the Clerk of Court a full and complete Inventory thereof, but as it would be inconvenient and expensive for them to appear personally before your Lordship to make Oath to the said Inventory as required by the Statutes in reference to Stamp Duties, they are under the necessity of making the present application to your Lordship for a Commission to any one of Her Majesty’s Justice of the Peace for the County of Berwick to take the Petitioners Oath to the said Inventory. May it therefore please your Lordship to grant Commission to any on or Her Majesty’s Justice of the Peace for the County of Berwick, to take the Oath of the Petitioners to the foresaid Inventory.  According to Justice &c. Drawn by (Signed) James Wilson Writer Coldstream Agent for the Petitioner Dunse 18^th March 1857. The Commissary Depute Grants Commission as craved (signed) A Wood. Written by James Romane Collated by Robert Romanes.

Follows Trust Disposition and Settlement before referred to

I Alexander Foster Boot and Shoemaker in Coldstream considering that I have full  trust and confidence in the persons after named for executing the Trust hereby constituted do therefore and for other good causes and considerations Give and Dispone to and in favor of William Cunningham Writer in Coldstream James Erskine Printer in Edinburgh and Alexander Fish Merchant in Coldstream and to such other person or persons as I shall hereafter name or as shall be assumed in virtue of the powers after written to get in the Trust hereby created and to the acceptors or acceptors and survivors and last survivor of the persons hereby named or to be named

or assumed as aforesaid as Trustees for executing the Trust hereby created, the majority of the said Trustees whilst more than two accepting are alive and acting as Trustees being always a quorum whom all failing then to the nearest heir male of the last accepting and surviving Trustee who shall be Major at the time (the said Trustees

named and to be named and assumed and their foresaid being throughout these presents denominated “my Trustees” and the assignees of my Trustees heritably and irredeemably.

First all and whole that House and Garden formerly belonging to the deceased John Foster Shoemaker and feuar in Coldstream my Father and now to me lying in the Duck dub of Coldstream bounded as follows vizt. By the house and yard of Fortune on the East the houses and yard formerly of Ninian Brown on the West by the Street called the Duck Dub (now Duke Street) on the North and the Street leading from the Market Place of Coldstream on the South parts with the lands parsonage and vicarage of the said subjects and haill pertinents thereof as particularly described in the Investiture thereof. Second All and Whole that my Crescent of houses and yard in the old town of Coldstream bounded as follows viz. By the house and yard now or formerly of Fortune, on the East; the house and yard now or formerly pertaining to Ninian Brown Feuar in Coldstream on the West by the Street called the Duke Dub (now Duke Street) on the North and the Street leading from the Market Place of Coldstream to the Causeway end on the South with the lands parsonage and vicarage thereof, all lying within the lordship and barony of Coldstream parish thereof and Sheriffdom of Berwick as the said subjects are described in a Charter of Confirmation by Thomas Earl of Haddington to and in favour of John Forrester or Foster Shoemaker in Coldstream my father dated twenty sixth November Seventeen hundred and sixty six. Declaring that the subjects and others second above disposed consist only of a Dwelling House which is bounded as follows viz By the Subjects first above disponed on the North and West, by the house and yard now or formerly  belonging to Fortune on the East and the Street now called the New Road on the south parts; as also all other lands and heritable estate of every description which shall belong to me at the time of my death as also my whole moveable means and estate of whatever kind and denomination heirshop moveables included, which shall belong to me at the time of my decease together with the whole titles writs and evidents Vouchers and instructions of my said Estates and Effects hereby generally conveyed And I Bind and Oblige me and my heirs and successors to grant all necessary deeds and Writings in favour of my said Trustees for implementing and fulfilling the above general disposition of my heritable and moveable means and Estate. And I nominate and appoint my Trustees to be my sole Executors.  But declaring always that these presents are granted by and in trust only and for the uses and purposes aftermentioned vix First, That my Trustees shall from the produce of my means and estate pay all my just and lawful debts and funeral expenses and the expenses of executing this Trust. Second That my Trustees shall hold the subjects and others first above disponed in trust for the use and behoof of William Air Foster Boot and Shoemaker in Glasgow my son during his lifetime and for his liferent use only, declaring that the provision hereby conceived in his favour is intended to be strictly alimentary and shall not be assignable or liable to be attached in anyway by his Creditors, and upon the death of the said William Air Foster, my Trustees shall hold said subjects and others in trust for the use and behoof of Elizabeth Healy or Foster Wife of the said William Air Foster in the event of her surviving him for her liferent use only whom also failing or contracting a second marriage then my Trustees shall hold the said subjects and others first above disponed for the use and behoof of the lawful Children of the said William Air Foster already procreated or that may be hereafter procreated of his body until the youngest of said children shall attain majority and then or as soon after as circumstances will permit I hereby direct and appoint my Trustees to sell and dispose of the said subjects and other and after deducting all expenses to divide the price or produce thereof amongst the Children of the said William Air Foster procreated or to be procreated as aforesaid share and share alike or to the issue of their bodies lawfully begotten such issue succeeding per stirpes? Third that my Trustees shall hold the subjects and others second above disponed in trust for the use and behoof of my Daughters Mary Foster or Fish Wife of the before mentioned Alexander Fish and Matilda Foster or Erskine wife of the also before mentioned James Erskine in equal proportions and shall whenever thereto required by the said Mary Foster or Fish and and Matilda Foster or Erskine either dispone and make over said subjects and others to them and their heirs or Assignees or sell and dispone the same to a purchaser (who shall have no concern with the application of the price) and divide the proceeds thereof equally between or among the said Mary Foster or Fish and Matilda Foster or Erskine or their foresaids. Fourth, With regard to the residue and remainder of my Estates particularly and generally above disponed or of the price or produce thereofe I hereby direct and appoint my Trustees to divide the same equally between or among the said Mary Foster or Fish Matilda Foster or Erskine and my other daughter Isabella Foster or Smith, Widow of the late George Smith Draper in Berwick upon Tweed. Declaring that in case any of my said Daughters shall died before the share or respective shares above provided to her or them shall have become payable leaving lawful issue such issue shall be entitled to the share or shares which their deceased parent or parents would have been entitled to if alive.  In which several subjects and other specially above disponed I oblige myself my heirs and successors to invest the said William Cunningham James Erskine and Alexander Fish as Trusteees foresaid to be holden a me vel de me; And I resign the said several subjects and others for new Investment And I assign the Writs; And I assign the rents that may become due furth of the foresaid special subjects and others from and after the period of my death but that always in trust as before expressed. And my Trustees are hereby empowered from time to time to nominate and appoint any person or persons to be a Trustee or Trustees along with them or in place of any Trustee or Trustees who shall die or desire to be discharged or refuse decline or become incapable to act in this Trust and when and so often as any new Trustee or Trustees shall be so nominated and appointed all the Trust estates and effects heritable and moveable real and personal shall forthwith be disponed and assigned in such form as that the same shall be vested in such new Trustee or Trustees jointly with the continuing Trustee or Trustees or solely in the new Trustee or Trustees in case of their(sic) being no continuing Trustee and that for the purposes of this Trust and no otherwise Declaring that my Trustees shall not be liable for omissions of any kind or for not doing Dilligence or for one another but each for his own actual Intomissions only. And I hereby revoke all former Deeds of Settlement executed by me, and I also reseve full power to revoke these presents. And  I dispense with the delivery and I reserve my liferent right; and I consent to Registration hereof for preservation. Moveover I desire any Notary Public to whom these presents may be presented to give to the said William Cunningham, James Erskine and Alexander Fish and to the Survivors or Survivor of them as Trustees foresaid and to their or his Assignees Source of the several subjects and others specially above disponed but in trust always for the uses ends and purposes and with and under the provisions and declarations before specified. In witness whereof these presents written upon this and the three preceding pages of stamped paper by James Wilson Writer in Coldstream are subscribed at Coldstream the thirteenth day of March Eighteen hundred and fifty five years before these Witnesses Andrew Gray my foremand and Peter Thomson Shopman to the said Alexander Fish both residing in Coldstream (signed) Alexr. Foster Andrew Gray Witness Peter Thomson Witness ~

Hope Park Coldstream 19^th March 1857. What is contained on this and the three preceding pages is the Trust Disposition and Settlement referred to in our Deposition of this date to the Inventory of the Personal Estate of the within designed Alexander Foster (signed) Wm.Cunningham Alexr. Fish A D McLaren J.P. Commr. Written by James Romanes Collated by Robert Romanes