Will of James Logie

Sheriff Court of Orkney

Extract Registered Mutual Trust Disposition and Settlement

By

James Logie and Mrs Ann Balfour Hewison or Logie.

 

Dated 13th June 1914.

Registered 12th Februaray 1918

 

Maintenance and (Fourth) On the death of my said wife or on my own death should I survive her I direct my Trustees to realize the whole residue of my said estate and to pay over the same in eight equal shares to the follwing persons videlicet:  - To my niece Mrs. Mary Reid or Rendall, wife of John Rendall residing at Westbreck, Aikerness, Westray one share, to my niece Miss May Reid presently residing in Edinburgh one share; to my niece Mrs. Tomima Reid or Bews, wife of the said Murdoch Bews one share; to my nephew Thomas Logie lately residing in Canada and presently residing in Westray aforesaid one share; to Timothy Harcus Hewison, Postmaster at Pierowall, Westray aforesaid one share; to Mrs. Elizabeth Walls Hewison or Hewison his wife one share; to John Stewart Hewison his son one share; and to Mrs. Maggie Drever or Gibson, niece of my said wife, wife of Robert Gibson presently residing in Boston, United States of America one share; the children of any of the said beneficiaries who may predecease the survivor of me and my said wife to take their parent’s share equally among them; Declaring that if any of my said beneficiaries shall predecease the survivor of me and my said wife without leaving lawful issue, the share hereby bequeathed to such person or persons shall become part of the residue of my said estate and shall be divided among the survivors of the said beneficiaries equally; And on the other part I, the said Mrs. Ann Balfour Hewison or Logie hereby nominate the said James Logie, Murdoch Balfour and Murdoch Bews aforesaid to be my Trustees and Executors and I dispone and convey to them and the survivors and survivor of them and of such other person or persons as I may hereafter name or as may be assumed by the Trustees or Trustee acting for the time under these presents (Hereinafter called “my Trustees”) the whole means and estate heritable and moveable, real and personal wherever situated, which shall belong to me at the time of my death in trust for the following purposes, videlicet :- (First) For payment of my debts, sickbed and funeral expenses and the expenses of the Trust and (Second) I direct my Trustees to hold the residue of my said estate and to pay to my husband the said James Logie in the event of his surviving me the whole free income thereof and on the death of the survivor of me and my said husband I direct my Trustees to pay over the said residue of my estate to the same persons and in the same proportions and under the same conditions and declarations as is hereinbefore provided with regard to the residue of the estate of my husband the said James Logie; And we jointly and severally confer upon our said Trustees all requisite powers for carrying out the purposes of this Trust including power of sale by public roup or private bargain, power to continue the trust estates committed to their charge in such investments as our respective estates may be invested in at the time of our respective deaths or to alter or vary the property or investments held by them at any time or any part thereof; Declaring that our said Trustees shall be entitled to the fullest powers, privileges and immunities, usually conferred in such cases: and we respectively reserve to ourselves and the survivor of us power to alter or revoke our respective parts of these presents in whole or in part without the consent of the other: And we consent to registration hereof for preservation. In Witness Whereof these presents written on this and the two preceding pages by James Hourston Flett, Clerk to Macrae & Robertson, Solicitors, Kirkwall are subscribed by us the said James Logie and Ann Balfour Hewison or Logie both at Westray on the thirteenth day of June Nineteen hundred and fourteen before these witnesses Robert Jarvie, Teacher, Pierowall, Westray and Robert Heddle Robertson, Grocer, Beach House, Pierowall, Westray. aforesaid. (Signed) James Logie, Ann Balfour Hewison or Logie, Robert Jarvie Witness, Robert Heddle Robertson, Witness. Extracted on this and the five preceding pages from the Register of Deeds etc., in the Sheriff Court of Orkney by me Sheriff Clerk of Orkney.

 (Signed) John White.

Sheriff Clerk.