Reference
X106/469
Title
Draft Will of James Russell, clerk and Bank Agent in Kirkcaldy, Fife
Date free text
Mar 1870 - Jun 1873
Production date
From: 1870 To: 1873
Scope and Content
to William Russell of Barnwell, Northants, farmer George Russell, Farmer of Kincraig, Fifeshire Thomas Russell of Warrock? Colony of Victoria Flock Master
'and to such other person as I shall hereafter name' (Trustees and Executors) all and sundry lands, real and heritable estate whole moveable and personal means
(1)to pay debts
(2)to deliver following articles to William Russell portrait of Euphemia Russell 'our niece, received as gift from her parents
to Thomas Russell whole of other picture
to George Russell, timepiece received as a gift from him
to Elizabeth Russell, testator's sister
whole of silver plate dinner and desert services and -
Reversion to George Russell or his family
to James Russell son of George Russell Gold Watch and appendages
to Andrew Russell, his brother Ink to Russell their sister Piano
to their mother Arabella Russell whole of remainder of Drawing Room furniture
(3)Mrs Anne Russell Landale, widow of James Landale of Selkirk, farmer (testator's sister) free yearly annuity of £150
to Elizabeth Russell (sister) free yearly annuity of £150
(both to be paid free of legacy duty).
(4)Trustees to invest £10,000 free of legacy duty in trust during lifetime of John Russell (testator"s brother) to pay him the proceeds or annual interest (not to be subject to his debts) On his death Annuity of £150 to widow (if he marries) out of interest above on terms as above for John, to end if she remarries.
If John Russell leaves lawful child/children balance of interest towards maintenance of child till youngest child 21
Reversion to children for distribution of principal.
Children's children entitled to share if parent dead
BUT if John dies without marrying or without issue Reversion to Residue of Estate.
(5)to lay out £4,000 for lifetime of Euphemia Russell Hipwell, wife of Daniel Hipwell farmer, Maidwell (testator's sister) to pay to her annual proceeds (in own right and exclusive of ius mariti) not subject to his or her debts. On her death principal to be divided among her children
Children's children entitled to parent's share if parent died.
(6)to pay £4,000 to Philip Russell, brother of testator, Reversion to children equally
(7)to Isabella and Ann Eake present servant if in employ at date of his death £150 each
(8)residue of estate to be paid to themselves William, George and Thomas Russell (Residuary Legatees)
Reversion of share to issue of Legatee dying. Power to sell, to grant leases
part of effects in Australian Colonies and part in Great Britain
full power of such of their number as are resident in Australian Colonies to deal with property etc. there.
similar power for Trustees in Great Britain £10,000/£1000'. 5 above can be invested in Public Stocks of Great Britain, one of the Australian Colonies, Tasmania or New Zealand
or on shares, stocks or securities of any company incorporated by Act of Parliament can keep money in their own hands but must pay 5%
no liability clause re trustees only should act 'honourably'.
power to appoint new trustees
dated 4 March 1870
Codicil
to Elizabeth, sister, Annuity of £200 (instead of £150)
3 nieces (daughters of Euphemia Hipwell) £500 each when 21 interest to be paid till then
18 June 1873
Level of description
item