The Agnes Durie Family

Estate of John Durie

At Haddington the twelfth day of September Eighteen hundred and sixty two years. In presence of George Young Esquire Commissary of the County of Haddington. Compeared William Watson, Writer, Haddington as Procurator for the party after named and designed and gave in the Intentory and Trust Disposition and Settlement underwritten desiring the same might be insert and registered in the Commissary Court books of the Commissaries of Haddington which the said Commissary ordained to be done accordingly whereof the tenor follows vizt.

Inventory of the personal estate wheresoever situated of John Durie Farmer Barneymains, in the Parish of Haddington, who died at Barneymains aforesaid on the twenty second day of February One thousand eight hundred and sixty two years.

Scotland
Personal Property

No Estate situated elsewhere
(signed) Rob H Durie
(signed) W Dods, J.P.

At Haddington the Twelfth day of September One thousand eight hundred and sixty two years, In presence of William Dods Esquire One of Her Majesty’s Justices of the Peace for the County of Haddington Appeared Robert Hogg Durie, Farmer Standingstone one of the Executors of the deceased John Durie, Farmer formerly at Buxley, afterwards at Barneymains in the parish of Haddington, who being solemnly sworn and examined Depones that the said John Durie died at Barneymains aforesaid upon the Twenty second day of February last, and the Deponent has entered upon the possession and management of the deceased’s Estate, along with Helen Durie, formerly residing in Edinburgh now at Barneymains, Isabella Durie formerly residing at Buxley now at Barneymains and Anne Durie formerly residing at Buxley, now wife of William Watson Writer, Haddington as Trustees and Executors of the said deceased, nominated and appointed in a Trust Disposition and Settlement executed by him and Isabell Notman his spouse (who predeceased him) dated the fourth day of May Eighteen hundred and forty four years now exhibited and signed by the Deponent and the said Justice of the Peace and relative hereto: That the Deponent does not know of any Testamentary Settlement or Writing relative to the disposals of the deceased’s personal estate or effects or any part of them, other than the said Trust Disposition and Settlement. That the foregoing Inventory signed by the Deponent and the said Justice of Peace as relative hereto, is a full and complete Inventory of the Personal Estate and Effects of the said deceased John Durie wheresoever situated and belonging or due to him beneficially at the time of his death; That the deponent does not know of any money or property belonging to the deceased liable to the duty imposed by the Acts 23 Vict: Cap 15 & 23 & 24 Vict: Cap: 80; That the value at this date of the said Personal Estate and effects, situated in the United Kingdom including the proceeds accrued down to this date is Two thousand pounds and under three thousand pounds Sterling: and that confirmation of the said Personal Estate is required in favor of the Deponent and the said Helen Durie, Isabella Durie and Anne Durie or Watson; All which is truth as the Deponent shall answer to God. (Signed) Rob H Durie, W Dods J.P.

(Follows Trust Disposition and Settlement)

WE John Durie Farmer at Buxley and Isabella Notman, Spouse of the said John Durie, Considering it to be our duty in our lifetimes to settle our affairs in such a manner as to prevent all dispute after our deaths and having full trust and confidence in the parties after mentioned for executing the trust hereby after reposed in them have resolved to execute the following Settlement under the burdens powers and reservations hereinafter mentioned: And for that purpose in the first place I the said John Durie with the advice and consent of my said spouse under the burdens provisions and reservations after mentioned, Give, Grant, Assign, and Dispone to and in favor of Helen Durie presently residing in Edinburgh, Isabella Durie and Ann Durie presently residing at Buxley my daughters and Robert Hogg Durie Farmer at Standingstone my son and to the survivors and survivor of them, who shall accept, and to such other person or persons as shall be assumed by them as Trustees in manner hereinafter mentioned and to the heirs of such survivor but that always in trust for the ends uses and purposes hereinafter mentioned and declaring that a majority of my said Trustees accepting and surviving shall at all times form a quorum for executing the purposes of this trust.

All and Whole the just and equal pro indiviso half of All and Whole that tenement of land back and fore with the Croft and Meadow adjacent to the said tenement, with the houses biggings yards and haill parts pendicles and pertinents thereto belonging sometime possessed by the deceased Gilbert Watson thereafter by the deceased Michael Halyburton and thereafter by the deceased Ann Halyburton lying on the east of the town of Elphingstone within the Parish of Tranent constabulary of Haddington and Sheriffdom of Edinburgh together with all right title and interest which I have or can pretend in and to the said subjects or to any part or portion thereof.

As also all other lands and heritable Estate of every description that shall belong to me at the time of my death. As also my whole moveable means and Estate of whatever kind and denomination that shall belong to me at the time of my death heirship moveables included, but excepting and reserving always from this conveyance the lease of the Coal Mines of Elphingstone in which I am a joint lessee along with Mr. Richard Nilet Tranent and my lease of the farm of Buxley and any other leases of lands or tenements mines or minerals in which I am interested which leases fall by law and accresce and belong as I hereby declare them to do to the said Robert Hogg Durie my son, And I bind and oblige me my heirs and successors to grant all necessary deeds in favor of my said trustees for implementing and fulfilling the above general disposition of my heritable and moveable means and estate; and I do hereby Nominate and appoint my said Trustees above named to be my sole Executors and Intromitters with my whole moveable means and estate, but declaring always that these presents are granted for the uses and purposes and under the burdens and reservations after mentioned vizt.

First. That my said Trustees shall be bound and obliged to transfer and deliver to the said Robert Hogg Durie my son, in case he wishes the same and signifies his intention to that effect in a reasonable period after my death the whole Crops, Stock, Stocking and effects on my farm of Buxley or the seed labor, manure and others forming part of my Executry and the whole moveable machinery and effects appertaining to the said Coal mines also being part of my executry at a valuation to be fixed & ascertained by an arbiter or arbiters and an oversman if necessary, to be chosen mutually by the said Trustees as a body on the one hand and the said Robert Hogg Durie as an individual on the other hand, unless the said Trustees can agree with the said Robert Hogg Durie as to such values: Further the said Trustees in case the said Robert Hogg Durie wishes it and signifies his intention to that effect within a reasonable period after my death shall be bound and obliged to sell and dispone to him the said Robert Hogg Durie, the just and equal pro indiviso half of the subjects in Elphingstone before disponed, and that at the price and value of two hundred pounds sterling: And the said Robert Hogg Durie shall be bound and obliged to pay the value of the said Crops, Farm, Stocking and Effects Seed labor manure and other coal mine machinery and subjects at Elphingstone either immediately at the completion of the transaction to my said Trustees or in the option of the Trustees at such other time as the Trustees may fix they bring in the latter case entitled and bound to take security from him for payment in such a way as they think best.

Second that my said Trustees shall from the readiest of my means and estate pay all my just and lawful debts deathbed and funeral expenses.

Third. That my said Trustees shall make payment to the said Mrs. Isabella Notman my spouse in case she survive me of a free yearly annuity of fifty pounds sterling and that at two terms in the year Whitsundry and Martinmas by equal portions beginning the first terms payment of twenty five pounds sterling at the first term of Whitsunday & Martinmas whichever of these terms shall first happen three months after my decease.

Fourth. That my said Trustees shall hold the said subjects in Elphingstone at least my interest therein or the price and produce thereof in trust for the use and behoof of the said Ann Durie in liferent, but for her liferent use only and for behoof of the child or children that may be procreated of her body equally share and share alike in fee whom failing them for the use and behoof of the said Helen Durie and Isabella Durie respectively and the survivor of them in liferent but for their liferent use only and to the child or children to be procreated of their bodies equally share and share alike or to the survivor of them or their issue in fee the extent held by their parents in liferent being the share falling to the children in fee, whom all failing to the said Robert Hogg Durie in liferent also and to his children equally in fee and I direct and appoint my said Trustees survivors or survivor of them or those to be assumed in terms of the powers to that effect herein given to pay the said liferent interests accordingly to the said Ann Durie, Helen Durie, Isabella Durie and the others in the order and terms herein before mentioned.

And in regard to the reside and remainder of my said means and estate generally and particularly above disponed or of the prices and produce thereof, I direct my said Trustees to hold the same in trust for the use and behoof of the said Helen Durie Isabella Durie and Ann Durie equally in liferent but for their liferent use only, and to the child or children to be procreated of their bodies respectively in fee equally share and share alike to the extent of the share held by their parents, or one third thereof, whom failing equally to the survivor or survivors of them the said Helen Durie, Isabella Durie and Ann Durie in liferent and the child or children of such survivor equally share and share alike whom all failing to the said Robert Hogg Durie in liferent and his children in fee equally share and share alike the extent of the share held by their parents in liferent being the share falling to the children in fee; and I direct and appoint my said Trustees survivors or survivor of them or those to be assumed in terms of the powers to that effect herein given to pay the liferent interests accordingly to the said Helen Durie, Isabella Durie and Ann Durie and the survivor or survivors of them and the other in the order and terms herein before mentioned, whom all failing to the said Robert Hogg Durie in liferent and his children in fee equally share and share alike.

Moreover it is hereby declared that none of the issue of my said children shall be entitled to the share or shares of my said estate and effects above conveyed nor shall the right thereto become a vested interest in them notwithstanding of their parents death until they arrive at the age of majority respectively they being however entitled to the interest of their share or shares for their education maintenance and support in the meantime at the discretion of my said Trustees who are hereby authorised to pay and apply the same accordingly: And I do hereby direct and appoint the said Trustees upon the issue of our said children respectively attaining the years of majority to dispone convey and make over to them in the order and manner above written the estate and effects or the residue and remainder thereof with right also to the letter and securities thereof vested in the said Trustees.

And in like manner I the said Isabella Notman or Durie with the advice and consent of the said John Durie hereby under the burdens provisions and reservations after mentioned Grant, Assign and Dispone to and in favor of the said Helen Durie, Isabella Durie, Ann Durie and Robert Hogg Durie and to the survivors and survivor of them who shall accept and to such other person or persons as shall be assumed by them as Trustees in manner herein after mentioned and to the heir of such survivor, but that always in trust for the ends, uses, and purposes hereinafter mentioned and declaring that a majority of my said Trustees accepting and surviving shall at all times form a quorum for executing the purposes of this trust.

First. All and Whole, the Muir Park of Tranent as the same was lately possessed by Robert Forman, Horse Dealer in Tranent lying in the parish of Tranent and Sheriffdom of Haddington with the whole parts pendicles privileges and pertinents of the said Muir Park as the same are otherwise and more particularly bounded and described in the rights and inerrments thereof and particularly in an Instrument of Sasine in my favor dated the sixth and registered in the particularly register of Sasines reversions &c for Edinburgh Haddington &c the 17th day of October eighteen hundred and thirty two but under reservations conditions and declarations mentioned in or referred to in said Instrument of Sasine.

Second. All and Whole that park of land lying near the Town of Tranent consisting of one acre and a half of ground or thereby bounded as follows namely, by the late John Haldanes garden wall and William Logans houses and yard and David Allan’s barn yard upon the West by the wall of the lands formerly possessed by Peter Forrester upon the north by the present wall of the said little park on the east and by the wall of the feued lands belonging to Robert Turnbull upon the south parts.

As Also All and Whole these two barns and barn yard lying in the Town of Tranent lately possessed by the deceased Matthew Haldane bounded as follows by the said David Allans barn yard upon the north, by the wall of the said little park also lately possessed by the said Matthew Haldane upon the east, by William Logans house and garden upon the South, and by the Cart road upon the West parts all lying within the Parish of Tranent and Constabulary of Haddington together with the trinds, parsonage and vicarage thereof all as more particularly bounded and described in an Instrument of Sasine thereof in my favor dated the twenty fifth and registered in the particular register of Sasines for Edinburgh, Haddington &c the twenty eighth days of April eighteen hundred and thirty five but under the reservations conditions and declarations mentioned in said Instrument of Sasine.

Third. All and Whole that tenement of houses consisting of a dwelling house Smithy byre and garden lying in the Town of Tranent containing or consisting of about twenty falls and fountainells of grounds or thereby bounded as follows vizt. by the street of Tranent upon the north, by John Swans rental houses upon the east and by the garden now called the Orchyard the property of William Hunter upon the south and west parts, all lying within the Parish of Tranent Constabulary of Haddington and Sheriffdom of Edinburgh, together with the trinds parsonage and vicarage all as more full mentioned on an Instrument of Sasine thereof in my favor dated the sixth and registered in the Particular register of Sasines &c. for Edinburgh, Haddington re the seventeenth days of October eighteen hundred and thirty two, but under the burdens provisions and reservations therein mentioned or referred to.

Fourth. All and Haill two thirds of that piece of ground and house built thereon bounded with the street leading from the town of Ormiston to Edinburgh now called George Street on the east, the ground feued by Patrick Davidson on the north, the enclosure sometime let to the said Patrick Davidson on the west and in a line from the Street, by the north gavel of a barn formerly in possession of John Cockburn Esquire of Ormiston to the ditch of the above named enclosure on the south parts all lying near the said Town of Ormiston Carony thereof Constabulary of Haddington and Sheriffdom of Edinburgh measuring in length the said two thirds disponed one hundred and seventeen feet in front forty six feet eight inches, and upon the west end or lack thereof forty five feet in breadth as more fully mentioned in a Disposition and Deed of Settlement executed by George Notman [Ferrar] in Tranent and Catherine Forsyth his Spouse dated the twenty third day of May eighteen hundred and four by which deed the said subjects are conveyed to contain parties in liferent and to me and my heirs in fee together with all right title interest claim of right property and possession which I have or can pretend in and to the said subjects respectively or to any part or portion thereof but under the reservations and conditions mentioned in the said titles respectively.

As Also All other lands and heritable estate of every description that shall belong to me the said Isabella Notman or Durie at the time of my death As also my whole moveable means estate and effects of whatever kind and denomination that shall belong to me at the time of my death heirship moveables included and I the said Isabella Notman or Durie bind and oblige me and my heirs and successors to grant all necessary deeds in favor of my said Trustees for implementing and fulfilling the above general disposition of my heritable and moveable means and estate and I do hereby nominate and appoint my said Trustees above named to be my sole executors and intromitters with my moveable means and estate but declaring always that these presents are granted for the uses and purposes and under the burdens and reservations aftermentioned vizt.

In the first place for payment of all my just and lawful debts deathbed and funeral expenses.

In the second place in case the said John Durie my spouse survive me the said Trustees shall be bound and obliged to pay and apply the whole interest and annual produce of the whole of my said estate and effects heritable and moveable after deducting said debts and any expenses attending the repairing or keeping up the said heritable subjects or otherwise necessarily occasioned to my estate and effects.

In the third place on the death of the said John Durie my spouse, my said Trustees shall hold my said means estate and effects generally and particularly before conveyed or of the price and produce thereof for the use and behoof of Helen Durie, Isabella Durie, and Ann Durie my said daughters equally in liferent but for their liferent use only and to the child or children to be procreated of their bodies respectively in fee equally share and share alike to the extent of the share held by their parent or one third thereof each whom failing equally to the survivor or survivors of them the said Helen Durie Isabella Durie and Ann Durie in liferent and the child or children of such survivor equally share and share alike in fee whom all failing to the said Robert Hogg Durie in liferent and his children in fee equally share and share alike the extent of the share held by their parents in liferent being the share falling to the children in fee and I direct and appoint my said Trustees survivors or survivor of them or those to be assumed in terms of the powers to that effect herein given to pay the liferent interests accordingly to the said Helen Durie Isabella Durie and Ann Durie and the survivors and survivor of them and the others in the order and terms herein before mentioned whom all failing to the said Robert Hogg Durie in liferent and his children in fee equally share and share alike.

Moreover it is hereby declared that none of the issue of my said children shall be entitled to the share or shares of my said estate and effects above conveyed nor shall the right thereto become a vested interest in them notwithstanding of their parents death until they arrive at the years of majority respectively they being however entitled to the interest of their share or shares for their education maintenance and support in the meantime at the discretion of my said Trustees who are hereby authorized to pay and apply the same accordingly.

And I do hereby direct and appoint the said Trustees upon the issue of our said children respectively attaining the years of majority to dispose convey and make over to them in the order and manner above written my estate and effects or the residue and remainder thereof with right also to the titles and securities thereof vested in the said Trustees.

Declaring and providing as we the said John Durie and Isabella Notman or Durie do hereby severally and respectively declare and provide that as the said Robert Hogg Durie has received and is in the course of reviewing in loan large sums from the goods in commun[&hellip] between us to stock his farm of Standingstone and as it was and is our intention that the shares provided to our said daughters respectively and their issue (exclusive of the additional share to our daughter Ann and her issue provided by me the said John Durie) should be the same as the amount to be received by the said Robert Hogg Durie (exclusive of his right to the leases) and that the one share should not be more than the other therefore we respectively appoint and direct our said Trustees to ascertain and find the share of amounts at our deaths payable to them the said Helen Durie, Isabella Durie and Ann Durie (excluding the extra share to Ann as above mentioned and her issue as aforesaid) and having done this the difference so ascertained to exist between the advance made to the said Robert Hogg Durie and the amount payable to them respectively so as to make them equal shall stand as a debt against the said Robert Hogg Durie and the said Trustees shall apply for and recover the same accordingly from him the said Robert Hogg Durie who is hereby and by law bound to pay the same accordingly.

Moreover the said Robert Hogg Durie shall be bound and obliged to give the free use and enjoyment of the farm house of Buxley to me the said Isabella Notman or Durie his mother during my lifetime and also after my death of one farm house to such of his said sisters as are unmarried all without any rent or other allowance and that so long as he has two farm houses in his tenancy or occupancy or until the death of his mother and the death or marriage of all his sisters.

Declaring that on the said Robert Hogg Durie fulfilling and complying with all these conditions he shall be freed and discharged of the balance advanced and to be advanced for Standingstone as fully and freely as if a valid discharge had been given therefor.

Declaring further that these presents are granted by us the said John Durie and Isabella Notman or Durie, respectively under the following provisions and reservations vizt that on the marriage of any or all of our said daughters such a sum shall be paid out of our respective moveable estates and effects before conveyed though not from the heritage as in the exercise of a second discretion the said Trustees shall think fit and such advance shall be deducted from the share of such daughter and her issue that is to say the interest on the principal sum so advanced shall be withheld or educated from such daughter’s liferent share and the principal sum be withheld or deducted from her issue or those succeeding in the order above mentioned and we respectively authorize and direct the said Trustees to make such advances accordingly.

Declaring and hereby providing further that the provisions in favour of our said children and their issue emanating from us the said John Durie and Isabella Notman or Durie respectively shall be in full satisfaction and payment to them respectively of all right of land, legit portico, natural Cairns part offer and every other claim competent to them in and through the decease of us or either of us and further under this provision and declaration that if any of our said dispones quarrel or impugn or attempt to quarrel or impugn this settlement on any ground or pretext the party so quarrelling or attempting to impugn shall forfeit and lose all right and interest under this settlement as fully as if no conveyance had been made in their favour.

Declaring and hereby providing further that the destinations and provisions in favour of our said daughters and the female issue of any of them or of our said son who may yet have an interest in the succession to our properties heritable and moveable are granted under the express exclusion of the jus mariti and right of administration of the husbands of such females and that the rights to be transferred to our children’s issue shall be taken accordingly.

And we hereby severally declare that the acts documents and receipts of our said daughters shall be binding without the concurrence and consent of any such husbands.

And which provisions above conceived in favour of us the said John Durie and Isabella Notman or Durie by each other we hereby severally declare and accept in full of all terce or land courtesy, third of moveables and every other claim competent to us respectively in and through the decease of each other.

And we the said John Durie and Isabella Notman or Durie severally and respectively do hereby authorize empower and direct the said Helen Durie, Isabella Durie, Ann Durie and Robert Hogg Durie our Trustees foresaid or such of them as shall accept and the survivors and survivor of them when and so often as they shall think expedient so to do to nominate and appoint by a writing under their hands any person or persons they shall think proper to be a Trustee or Trustees for the purposes herein mentioned along with them or after their decease.

And we hereby severally and respectively declare that the person or persons so to be appointed shall have the same peers of acting in every part of this Trust as the Trustees herein named have or as if the person or persons so to be appointed were herein named and designed as Trustees by us respectively.

And we the said John Durie and Isabella Notman or Durie severally and respectively hereby give the most full and unlimited powers to our said Trustees above named and to the survivors or survivor of them and to those to be assumed in virtue of the powers above given to sell all or any part of the heritable subjects generally and particularly above conveyed and that either by public roup or private bargain as to the said Trustees shall seem proper with full power to grant all necessary and requisite dispositions to the purchasers containing claims of absolute warrandice upon us and our heirs in general.

In which subjects and other above disponed we the said John Durie and Isabella Notman or Durie respectively bind and oblige us our heirs and successors duly and validly to infeft and seise the said Helen Durie, Isabella Durie, Ann Durie, Robert Hogg Durie and the survivors and survivor of them who shall accept and such other person or persons as they shall assume into the said Trust in manner before mentioned but in trust always for the ends uses and purposes herein before mentioned to be holden in the manner mentioned in the title deeds thereof and for completing the said Infeftments by resignation we the said John Durie and Isabella Notman or Durie severally and respectively hereby make and constitute [&hellip] and each of them jointly and severally our lawful and irrevocable procurators with full power to them for us severally and in our names to compear before our immediate lawful superiors of the said several subjects or their commissioners having power to receive resignation and thereupon to grant new infeftment and there duly and validly by staff and baton as use is to resign and surrender simplicites upgive and deliver All and Whole the foresaid several subjects respectively and all right title and interest claim of right property and possession which we respectively our predecessors and authors heirs and successors had have or can pretend to the said subjects or to any of them lying bounded and described as in the despositive clauses hereof and here referred to and held as repeated brevitatis causa in the hands of our said superiors respectively or of their commissioners foresaid in favor and for new Infeftment of the said several subjects to be made and granted to the said Helen Durie Isabella Durie Ann Durie and Robert Hogg Durie and the survivors and survivor of those who shall accept and such other person or persons as they shall assume into the said Trust in manner foresaid and to the heirs of such survivor but that always in trust in manner foresaid heritably and irredeemably in due and competent form acts instruments and documents in the premises to ask and take and generally every other thing to do which we severally could have done ourselves or which to the office or procuratory in such cases is known to belong.

Ratifying hereby and confirming whatever our said Procurators severally shall lawfully do or cause to be done in the premises by virtue hereof and we hereby respectively Assign our said Desponees as Trustees foresaid in and to the whole writs and title deeds of the foresaid subjects severally conveyed to them with all the clauses therein contained if any in order that thereby and by this assignation thereto they may procure themselves validly infeft and seised in the said several subjects severally convey to them, And further we reserve to ourselves full liferent use and enjoyment to use respectively of the whole estate and effects heritable and moveable herein conveyed and also full power and liberty at any time of our joint lives but not otherwise, or even on deathbed, to alter & innovate these presents in whole or in part and to revoke cancel and annul the same as we shall think proper, but declaring that the same in so far as not revoked or altered by us jointly shall be a valid and effectual deed altho found lying in our repositories or in the custody of any person to whom we may entrust the same undelivered at the time of the death of either of us with the delivery whereof we have dispensed and hereby dispense forever.

And we do hereby recall all former deeds of Settlement or papers or deeds purporting to be such and we consent to the registration hereof. And of any codicil or codicils that we may make hereto whether endorsed hereon or written apart in the Books of Council and Session or others competent thereto to remain for preservation and thereto constitute [&hellip] our Procurators and further, I the said John Durie hereby desire and require you [&hellip] and each of you my Bailies respectively in that part hereby specially constituted that upon sight hereof ye pass to the ground of the said subjects situated in the town of Elphinstone disponed by me as aforesaid and these give and deliver to the said Helen Durie, Isabella Durie Ann Durie and Robert Hogg Durie the acceptors or acceptor of them and to the survivors of them and to those who shall be assumed in manner foresaid our Disponees as Trustees foresaid but in Trust always for the ends uses and purposes after mentioned, heritable state and Sasine, real actual and corporal possession of All and Whole the just and equal pro indiviso half of All and Whole the subjects in Elphinstone before described and ling and bounded as aforesaid and here held as repeated brevitatos causa but always with and under the foresaid declarations and conditions and any other conditions and provisions that are or may be contained in the rights and title deeds of the said several subjects have specially referred to, and that by delivery to my said disponees as Trustees foresaid or to their certain Attorney or Attornies in their respective names Bearers here of earth and stone of and upon the ground of the said several subjects and of all other symbols usual and necessary and this in noways ye leave undone.

Which to do I commit to you and each of you full power by this my precept of Sasine directed to you for that effect.

And in like manner I the said Isabella Notman or Durie hereby desire and require you [&hellip] and each of you my Bailies in that part hereby specially constituted that upon sight hereof ye pass to the grounds of the said several subjects, respectively disponeed by me and there give and deliver to the said Helen Durie, Isabella Durie, Ann Durie and Robert Hogg Durie the acceptors or acceptor the survivors and survivor of them and to those who shall be assumed in manner foresaid as Trustees foresaid but in Trust always for the ends uses and purposes foresaid heritable State and Sasine, real actual and corporal possession of All and Whole the foresaid several subjects with the pertinents as particularly above described and conveyed lying and bounded as aforesaid and here held as repeated brevitatis causa but always with and under the foresaid declarations and conditions and any other conditions or provisions that are or may be contained in the rights and title deeds of the said several subjects here specially referred to and that by delivery to my said disponees as Trustees foresaid or to their certain Attorney or Attornies in their respective names Bearers hereof, of earth and stone of and upon the ground of the said several subjects, a handful of grass for the said hinds and of all other symbols usual and necessary, and this in noways ye leave undone.

Which to do I commit to you and each of you full power by this my precept of Sasine directed to you for that effect.

In Witness Whereof these presents written on this and the twelve preceding pages of stamped paper by John Brydone Watson Apprentice to William Watson, Writer Haddington are subscribed by us at Buxley the fourth day of May Eighteen hundred and forty four years before these witnesses Richard Nisbet Coal Lessee residing in Tranent and the said William Watson twenty one words interlined on page eleventh immediately following the ninth line thereof counting from the top and forming a complete line in itself one word on the twenty fifth line of page third and three words on the sixteenth line of page ninth both counting from the top being delete, all before signing.

(Signed) John Durie Isabella Durie

Richd Nisbet Witness.

Wm Watson, Witness.

Haddington 12th September 1862 This is the Trust Disposition and Settlement referred to in Oath on Inventory of the personal estate of the late John Durie formerly Farmer, Buxley thereafter at Barneymains before the Justice of the Peace of this date (Signed) Rob H Durie, W Dods J.P.