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Will of Alexander Anderson
9th Laird of Candacraig
Notes from Don Thomson (March 19, 2002):

I transcribed this text from a photocopy of a typewritten transcript. It is true to the typewritten transcript word for word, and error for error. I left what looked like typos in that transcript as they were, along with the question marks from the original and my own additional question marks where I had difficulty reading the photocopy. So what appears here is a document at least three times removed from the original! I hope eventually to be able to refer to the original so that I can fill in the missing pieces and make corrections.

Alexander Anderson died 13 Mar 1817 at the age of 65, so the date in the following could not be the date of the will's writing.

19th March 1817

Trust Disposition by Alexander Anderson of Candacraig. 9th Laird. I, Alexander Anderson Esq. of Candacraig, considering that I succeeded to the Estate of Candacraig as heir of Tailzie under a Deed of Entail executed by the late Charles Anderson of Candacraig, my father, and that I have of this date executed another Deed of Tailzie of the lands of Glencarvie and others purchased by me since my fathers death, in favour of the same series of (?) called to the succession of the Estate of Candacraig by my fathers entail and under the same limitations, conditions and provisions, and that I am also resolved to settle and provide the remainder of my estates, real and personal, which may happen to belong to me at the time of my death so as to secure reasonable provisions to my children and relatives after named. Therefore, I do hereby give grant and dispone to, and in favour of John Dingwall Esq. of Ardo, Colonel Nathaniel Forbes of Auchernach and Charles Forbes his son, Alexander Forbes, younger, of Inverernan. Henry Lumsden (?) advocate in Aberdeen, Alexander Easson in Millhead and Arthur Kellas in Stroch(?), John Morison writer to the signet and to John and Robert Anderson, my sons, upon their attaining Majority as Trustees (upon their attaining for the uses and purposes aftermentioned and to the acceptors or survivors after mentioned, of them, the major part being a Quorum, all lands, heritable debts, sums of money, heritable and moveable farm stocking, household furn(?) goods and effects, real and personal, which may pertain and belong to me at the time of my death, excepting the estates of Candacraig and Glencarvie already settled by the said Entails and these to and for the uses and purposes herein aftermentioned. Viz.. That my said trustees shall sell or(?) dispose of my said estate, real and personal, and thereafter pay and apply the same in manner following.. Viz.. In the first place that they shall pay and discharge my funeral expenses and all debts owing by me. 2ndly, they shall lend upon good and sufficient securities for behoof of my children herein after named, the several sums of money after specified, taking the rights and securities therefore payable to my said children respectively at the first term of Whitsunday or Martinmas which may happen a full year after my death, with interest of the said several sums, from and after the said term of payment ay and until the same shall be fully paid up. Viz.. Two Thousand pounds Sterling, to the said Robert Anderson my son (see at bottom) by Elspet Reach under the burden always of an annuity of Ten (?) per annum to his mother the said Elspet Reach during all the days of (?). One Thousand Pounds Stg. to Elspet Anderson my natural daughter by Elspet (?) Stewart. Three hundred pounds Stg. to Charles Anderson my natural son by Isobel Gilles. One Hundred pounds Stg. to Isobel Anderson my natural daughter by said Isobel Gilles .. One hundred pounds Stg. to Janet Anderson my natural daughter by said Isobel Gilles -- it being hereby expressly provided and declared that in case of any of my sons above named shall not have attained majority or any of my daughters shall not be married or have attained majority or any of my daughters shall not be married or have attained majority when their provisions shall became payable (?) the provision or provisions to such minor or unmarried child or children shall remain under the management of my trustees for behoof of such minor or unmarried child or children until the first term of Whitsunday or Martinmas after the respective majorities of my sons and the marriages or majorities of my daughters. The interest of such provisions in the meantime being applicable to the maintenance education and expenses of such minor children - It being hereby provided that in case of the death of the said Arthur Anderson before marriage or majority his provision above specified shall be equally divided among my remaining children in which event however it is to be burdened with an additional annuity of ten pounds making in whole twenty pounds per annum to the said Elspet Reach and in case of the death of the said Elizabeth Anderson before marriage or majority her provision above settled(?) is also to be equally divided among the whole of my children. As also it is hereby provided and declared that in case at the time of my death the said Isobel Gilles, mother of the said Charles, Isobel and Janet Andersons shall be alive, the several provisions destined to her children shall be ratiably according to their respective {con|ex}tents(?) burdened with an annuity of ten pounds stg. which I hereby appoint to be paid to the said Isobel Gilles during all the days of her life at two terms in the year Whitsunday and Martinmas by equal portions beginning the first payment at the first of these terms which shall follow immediately after my decease.

3rd. My said trustees besides the foregoing provisions are to pay to the said Robert, Arthur, Elizabeth, Charles, Isobel and Janet Andersons a years interest of their respective provisions at the first term of Whitsunday or Martinmas after my death and that for the purpose of alimenting them until their foresaid provisions or the interest thereof shall become due.

4th. My said trustees are to (?) out(?) on proper securities for behoof of Christian Anderson my daughter, wife of the said Alexander Easson and her children the sum of Five hundred pounds Stg. to take the rights and securities thereof payable to the said Christian Anderson in liferent and to her children or the survivors or survivor of them equally among them in fee (?)

5th. I appoint my said trustees to pay to Alexander Anderson my grandson, son of Alexander Anderson, in Invernettie, the sum of three hundred pounds Stg. at the first term of Whitsunday or Martinmas after my death with interest there.

6th. I appoint my said trustees to pay to Penelope Anderson, my sister, {missing a line here?} and / or Martimas by equal portions beginning the first payment at the first of these terms after my death if she is then separated from her husband or if living with him at the first of these terms which shall happen after she separates from him. And lastly after all these purposes before mentioned are fulfilled and the different legacies and provisions before mentioned paid or secured as aforesaid I appoint and ordain my said trustees or the survivors or acceptors of them to accompt for and pay or to transfer and make over the whole residue of my said estates real and personal to the said John Anderson, my son, in case he is then major - or if he has not then attained majority I appoint the said residue to be accompted for and paid or made over to him at the first term of Whitsunday or Martinmas after his so attaining the age of twenty-one years complete -- And failing of the said John Anderson, I appoint the said residue to be made over or accounted for or conveyed to the said Robert Anderson, my son, at the same time and in the same way as is appointed to be done if his brother succeeds. And farther, I do hereby name and appoint my said trustees or the acceptors or survivors of them to be tutors and curators to such of my said children as shall be under age at the time of my death - And I likewise name and appoint them to be my executors and sole intromitte(?) with my whole goods and personal effects declaring always as it is hereby specially provided and declared that the foresaid several provisions to my children shall be in full of all claims of legitimate bairns part of gear (?) and all other claims legal or conicutional which they or any of them can make or pretend upon my estate real or personal after my death as also providing and declaring that my said trustees accepting shall only be liable each for themselves and their own actual intromissions and deeds and that they shall not be liable for omissions nor singuli in solidum(?) That they shall be allowed all expences they may anyways incur in the execution of this trust and shall be at liberty to employ factors, agents and others to act under them whom they are not to be personally responsible.

REVOKING hereby all former settlements made by me and reserving full power to me at any time during my life and even on deathbed to revoke or alter this present settlement or to make any additional legacies and provisions by Codocil or otherways which I may think fit. Dispensing with the delivery hereof and declaring the same valid and effectual tho(?) found by me at the time of my death or in whose hands, soever the same may be found, and I consent to the registration hereof in the books of Council and Session or others competent therein to remain for preservation and execution in common form and thereto constitute (?)

MY Prors (procuters)

In Witness whereof these presents written on this and three preceding pages on stamped paper by John Morison Writer to the the Signet are signed by me on each page at Edinburgh, the twenty-fourth day of January Eighteen Hundred and Eleven before these witnesses Alexander and James Calder both writers in Edinburgh, witnesses also to my signing a marginal note on the first page and another on the third in which last marginal note the word Thirty is written on an erasure (signed) Alex Anderson, Alex.Calder

Witness - Jass./Calder witness.

Written by John Forbes collated (?) Simpson
    19 march 1817.
    Add., Settlement or Codicil by Alexander Anderson Esq, of Candacraig

I ALEXANDER ANDERSON of CANDACRAIG considering that by trust disposition and deed of settlement executed by me of date the Twenty-Fourth day of January Eighteen Hundred and Eleven, I disponed and conveyed to and in favour of John Dingwall of Ardo, Colonel Nathaniel Forbes, Charles Forbes his son, Alexander Forbes Younger of Inverernan, Henry Lumsden, advocate in Aberdeen, Alexander Easson in Millhead, Arthur Kellas in Stroin and John and Robert Andersons my two lawful sons, and John Morison writer to the Signet, Trust, disponces therein designed, all and sundry, my heritable and movable estate, (except my entailed lands of Candacraig and Glencary and others) and that for the uses, ends and purposes therein expressed and that I thereby reserved power to alter or revoke the same or to make additional Legacies by Codicils or otherways do-so(?) therefore hereby, in virtue of said reserved power, appoint my trustees foresaid to make payment out of my said trust estate, therein conveyed, of Three Thousand Pounds Stg, to my natural son Arthur Anderson by Elspet Reach, payable upon his attaining Twenty-three years of age, but to bear interest from the same term as the other legacies in said settlement but under the burden of an additional annuity of Ten pounds per annum to the said Elspet Reach for life (?) which legacy of Three Thousand Pounds Stg, to the said Arthur Anderson and annuity to his mother are over and above the provisions in the favour by said disposition and settlement, Farther I appoint my said trust to make payment to Mrs. Helen Grant, or Anderson, my lawful spouse, and mother of John, and Robert Anderson my lawful sons mentioned in said settlement and of Jean Anderson my lawful daughter after mentioned, of a free liferent annuity or jointure of Thirty Pounds Stg, yearly payable by equal halves half yearly during all the days of her life after my death beginning the first payment at the first Whitsunday or Martinmas after my decease and so forth half yearly thereafter during her life.

{missing part of a line here} to lend out on good security on the (?)

payable to Mrs. Jean Anderson my lawful daughter, spouse of Alexander in Invernettie, in liferent (for her liferent use allenarly(?) and exclusive of her husbands jus mariti or right of administration in any way) and to the child or children of the said Jean Anderson equally among in (?) including the eldest, who has a separate legacy by my said disposition and settlement which provision to my daughter Jean is over and above the larger advances I have already made to her said husband. And I appoint that all the tenants of my estate of Candacraig, Glencarvy and others shall have a deduction of one full years rent of their several possessions and that for the year and crop within which my death may happen, declaring that Re-payment shall be made by my trustees to any tenant who may have previously paid part of said rents and my trustees are hereby authorised to settle with my trust accordingly and with these alterations and additions I hereby ratify, confirm and approve of my foresaid settlement and disposition, and consent to the registration hereof along with the said disposition and settlement, the books of council and session or other competent therein to remain for preservation, and execution in common form and thereto I constitute

MY PROCUTORS

In witness whereof these present (written upon this, and the two preceding pages of this sheet of stamped paper by Alexander Hutchinson writer in Aberdeen) are subscribed by me at Aberdeen the Twentieth day of February in the year Eighteen Hundred and Seventeen, before witnesses Mr. Lewis Nicoll advocate in Aberdeen, and the said Alexander Hutchinson, signed Alex,.Anderson -- Lewis Nicoll witness,. Alex,. Hutchinson witness..

written by John Forbes -- collated w-(?) Simpsons
    19 March 1817 Additional Settlement by Alex,, Anderson of Candacraig..

I Alexander Anderson Esquire, of Candacraig, considering that I have already executed a trust disposition and deed of settlement of my affairs dated the Twenty Fourth day of January Eighteen Hundred and Eleven, and also an additional settlement referring thereto dated Twentieth day of February (?) by past in this present year, have now resolved to make the following alterations and additions to the contents of these deeds, and in the first place for the more easy and speady management of my affairs and in place of the trustees and executors named in said settlements .. I hereby give grant and dispone to and in favour of John Dingwell of Ardo (while he is residing in Scotland) Charles Forbes younger of Auchernach, John Anderson my eldest lawful son, and failing him by death to Robert Anderson my second lawful son, and Henry Lumsden, Advocate in Aberdeen, all named in said settlements and also to and in favour of Arthur Anderson of Deebank my brother, and the Reverend Mr. John Gordon minister of the Gospel at Duffus as trustees for the uses, and purposes mentioned in said settlement a Quorum hereby recalling the nomination and appointment of the other trustees mentioned in the foresaid settlements. All land heritages, debts and sums of money heritable and movable, bonds bills, bank stock, or any stock with three per cents or other public funds of Great Britain, farm stocking goods and effects real and personal which may pertain and belong to me at the time of my death (except the estate of Candacraig and Glencarvie, already settled by deeds of entail) and that for the uses, (?) and purposes particularly specified and expressed in the foresaid.. two deeds of settlement, which thereby ratify and confirm, but subject to the foresaid new nomination of trustees and executors and with and under the alterations and additions herein after expressed, ... Viz.., I appoint said trustees accepting to make paying out of trust funds, to Mrs. Helen Grant or Anderson my lawful spouse of the sum of Fifty Pounds Stg. in name of mournings, and aliment, till her liferent provision become payable I ordain my said trustees to deliver over to the said John Anderson, my eldest lawful son, the whole furniture, plate, linnens and household goods, belonging to me at my death.. I now restrict and hereby reduce the legacy and provision, in said settlements in favour of Arthur Anderson, my natural son by Elspet Reach, to be in whole Four Thousand Pounds instead of Five Thousand Pounds, and recomitted to the said Arthur Anderson, my brother, whom, failing my said lawful sons, John and Robert, to super-intend the education, and outfit into active life of my natural son Arthur whose provisions of Four Thousand Pounds shall continue under the charge of my trustees, till he attain Twenty-three years of age, but to bear interest for his behoof subject to the annuity of Twenty Pounds Stg in favour of his mother specified in said settlement.

I appoint the sum of One Hundred Pounds therein bequeathed to Isobel Anderson my natural daughter by Isobel Kellas (not Gilles) to be paid in consequence of the said Isobel's death to her sister, Janet, - but burdened with an additional annuity of Five Pounds Stg. to the said Isobel Kellas during her life.

I authorise my trustees to discharge and deliver up to Alexander Easson Millhead, (husband of my natural daughter Christian) any bills, accounts or other vouchers of debt against him found in my repositories hereby passing from any claim to the contents thereof, and farther I leave and bequeath to Alexander Esson lawful son of the said Alexander Esson One Hundred Pounds payable at expiry of his apprenticeship or as soon thereafter as my trustees, shall deem it for his advantage and I empower them to advance such additional sum afterwards at they shall see advisable for assisting the said Alexander Essons outfit not exceeding One Hundred Pounds.

I leave and bequeath to Nelly Anderson, my natural daughter by Nelly Ross, the sum of One Hundred and fifty pounds payable upon the first twentieth of June or twentieth of December six months after my death.

And farther over, above the One Thousand Pounds to my lawful daughter Mrs. Jean Anderson, spouse of Alexander Anderson in Invernettie, and her children by my additional settlement foresaid, I now leave and bequeath the further sum of One Thousand pounds, to be lent out as directed in said settlement, but the whole sum of Two Thousand Pounds to be kept in name of my trustees to the effect that, if they shall see proper and adviseable they may uplift part of the said whole sum not exceeding one half thereof when the said children of any of them come of age, and may advance, and pay the same to such child or children, according to their shares of the whole Two Thousand Pounds in proportion to the children then alive, which sums advanced shall be imputed accordingly in part of said child or children (?) shares, it being my intention that One Thousand Pounds at least shall continue lent out by my trustees, and liferented by the said Mrs. Jean Anderson for her own sole, and separate liferent use, and for the maintenance and education of her children in family with her and the principal sum not to be divisible among her children till after her death.

And declaring hereby that her eldest son Alexander shall still have right to the legacy of Three Hundred pounds Stg. bequeathed to him in my settlement foresaid (over and above his share of said provision to the family) payable on his attaining the years of majority but to bear interest to him from the first Twentieth of June or Twentieth of December, six months after my death, which provisions to the said Jean Anderson and her children shall be noways subject to the Jusinarite(?) or any right of administration of her husband, nor liable to be affected by his debts, or deeds or the diligence of his creditors. And I authorise my trustees to discharge and deliver up to the said Alexander Anderson in Invernettie, any bills, accounts or vouchers of debt against him found in my repositories hereby passing from the contents thereof. I leave and bequeath the sums of One Hundred pounds Stg. each to James Anderson, my natural son by Christian Stuart, and Peter Anderson, my natural son by Marjory Miller, and that at the first twentieth of June or twentieth day of December after their attaining twenty-one years of age respectively. I leave and bequeath the sum of fifty pounds Stg. to Alexander Ross in Craigve(?) and ten pounds Stg. to Elspet Grassick in Glenmore of Cowey-Couryside(?) to be paid on the first twentieth of June of twentieth of December after my death.... I leave and bequeath the sum of Twenty-one pounds Stg. to be paid at said last mentioned term to each of my said trustees accepting, for purchasing any memorandums of me and twenty-one pounds Stg. at said term to the poor of the parish of Strathdon to be laid out under the direction of Reverend Dr. Forbes.

I leave and bequeath an annuity of twenty pounds Stg. to Elspet Stuart, mother of my natural daughter, Elizabeth Anderson, to be expended for her support in such manner as may be directed by Mr. Anderson of Deebank, and my son John and to be payable half yearly beginning on first twentieth of June or twentieth of December after my death for the half year succeeding, and so forth there after during the said Elspet Stuarts life, and I appoint that the sum of One Thousand Pounds, bequeathed in my settlement foresaid, to the said Elizabeth Anderson, my natural daughter shall not be payabled at the term therein mentioned, but shall be lent out in name of my trustee for behoof of the said Elizabeth Anderson in liferent for her liferent use only and to her child or children by marriage if any - (?) it being understood that in case of her marrying contrary to the consent and approbate of my trustees they shall in that event be entitled to retain from her one half of her liferent provision foresaid, and to apply the same in such way as they think best for the benefit of her and her children if any... I appoint the sum of One Hundred Fifty pounds to be paid to the said Arthur Anderson of Deebank, and my said son, John, to be disposed of by them according to such directions as I have given or may give.

In case Mrs. Helen Anderson widow of my deceased brother, William, and her children shall adjust any unsettled accounts, between me and them, in an amicable manner, with my trustees I bequeath in that event a legacy of Fifty pounds Stg. to each of the daughters of the said William Anderson excepting Elizabeth and Harriet to each of whom I leave an annuity of Five pounds Stg. yearly during their lives, but to be applied, and paid in such way as my trustees Arthur and John Anderson may appoint, it being understood and hereby declared that any obligation come under by me for paying inter(?) of a sum of Fifty pounds to Jean Anderson shall be discharged on paying of said legacy to her.

I leave an annuity of Five pounds Stg. to Jean Ross, wife of Robert Mortim(?) in Carvyside(?) while she continues poor, and my trustees think she stands in need of same. I appoint Peter Carr in Glen-carvie to be discharged of all arrears or rent due by him at my death and with reference to said additional settlement I now appoint that, John, James and Alexander Moir(?) in Faichla and Fynny-lost shall not be entitled to the deduction of rent therein specified unless they previously discharge and give up the option to renounce their lease before the expiry thereof, conform to the clause in their minutes of Tack...

Lastly I name and appoint the said John Dingwall (if resident in Scotland), Charles Forbes, John Anderson, whom failing, Robert Anderson, Henry Lumsden, Arthur Anderson, and John Gordon or acceptors or survivors of them to be my executors, and universal intromitters with my whole personal effects and with and under these alterations, and additions herein before written I homologate(?), ratify, and confirm my said trust disposition, and settlement and also additional settlements both above referred to in all particulars in so far as not altered hereby and I consent to the registration thereof in the books of council and session or other competent for preservation and execution and thereto constitue (?)

In witness whereof these persons written upon this and the three preceding pages of this sheet of stamped paper by Alexander Hutchinson, writer in Aberdeen are subscribed by me at Aberdeen, the sixth day of March in the year Eighteen Hundred and Seventeen, before witnesses Doctor William Living Physician in Aberdeen, Lewis Nicoll advocate there, another said Alexander Hutchinson (signee) Alexander Anderson, William Livingstone...

{Written & signed at side of page:} Two thousand pounds to Arthur Anderson my natural son