Pullar Mortification 1811-1859 Minute Book - Nine Trades of Dundee
Pullar Mortification 1811-1859 Minute Book - Nine Trades of Dundee
Pullar Mortification 1811-1859 Minute Book - Nine Trades of Dundee
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<strong>Pullar</strong> <strong>Mortification</strong> <strong>1811</strong>-<strong>1859</strong><br />
<strong>Minute</strong> <strong>Book</strong><br />
1 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> concerns <strong>of</strong> James <strong>Pullar</strong> formerly Baker In <strong>Dundee</strong><br />
thereafter residing in Chapleshade <strong>of</strong> <strong>Dundee</strong> on 14 October <strong>1811</strong><br />
Page<br />
1<br />
2 Copy <strong>of</strong> Disposition by James <strong>Pullar</strong> 3<br />
3 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 11 May 1812 12<br />
4 Inventory <strong>of</strong> Personal Estate 13<br />
5 <strong>Minute</strong>s <strong>of</strong> Meetings on 18 th Novr 1812 & 10 th July 1819 16<br />
6 Account <strong>of</strong> Charge and Discharge between James <strong>Pullar</strong>'s Trustees & Mrs<br />
Elizabeth <strong>Pullar</strong> & John Ogilvie & Son<br />
18<br />
7 <strong>Minute</strong> <strong>of</strong> Meetings <strong>of</strong> <strong>Minute</strong>s 30 Septr 1819<br />
27<br />
<strong>Minute</strong> <strong>of</strong> Meetings <strong>of</strong> <strong>Minute</strong>s 30 May 1822<br />
28<br />
8 Account <strong>of</strong> Charge and Discharge betwixt James <strong>Pullar</strong>s Trustees and Mrs <strong>Pullar</strong>s<br />
Trustees 20 January 1825<br />
29<br />
9 Copy Discharge by Mrs <strong>Pullar</strong>s Trustees to James <strong>Pullar</strong>s Trustees for £1000 33<br />
10 Copy Inventory <strong>of</strong> James <strong>Pullar</strong>s personal Estate<br />
39<br />
Copy residue <strong>of</strong> Estate <strong>of</strong> ditto<br />
41<br />
11 Account <strong>of</strong> Charge & Discharge betwixt Trs <strong>of</strong> the late James <strong>Pullar</strong> & John<br />
Ogilvie & Son their factors<br />
42<br />
12 <strong>Minute</strong> <strong>of</strong> Mr James <strong>Pullar</strong>s Trustees 22 March 1827 47<br />
13 Account <strong>of</strong> Charge & Discharge betwixt Mr <strong>Pullar</strong>s Trustees & John Ogilvie & Son 49<br />
14 Advertisement <strong>Pullar</strong>s <strong>Mortification</strong> 53<br />
15 <strong>Minute</strong> <strong>of</strong> Mr <strong>Pullar</strong>s Trs 2d May 1827 55<br />
16 Account <strong>of</strong> Charge & Discharge betwixt Mr <strong>Pullar</strong>s trustees & John Ogilvie & Son<br />
for the year 1827<br />
59<br />
17 List <strong>of</strong> New Applicants for admission on the <strong>Mortification</strong> 31 May 1828 62<br />
18 <strong>Minute</strong> <strong>of</strong> Trustees 1 Dec 1828 63<br />
19 Account Charge & discharge bet: the Trustees & John Ogilvie & Son for 1828 63<br />
20 Account Charge & discharge between Trustees & John Ogilvie & Son for 1829 66<br />
21 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 5 th June 1830 67<br />
22 Sederunt <strong>of</strong> Trustees 7 Decr 1830 70<br />
23 Sederunt <strong>of</strong> Trustees 23 November 1831 71<br />
24 Account <strong>of</strong> Charge and Discharge bet, the Trustees and James Ogilvie & Son for<br />
1830<br />
76<br />
26 Do. for 1831 77<br />
27 Do. for 1832 78<br />
28 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 30 th May 1833 79<br />
29 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 30 November 1833 81<br />
30 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 4 December 1833 82<br />
31 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 31 May 1836 83<br />
32 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 21 July 1836 83<br />
33 Account <strong>of</strong> Charge and Discharge bet Trustees and James Ogilvie & Son for 1833 84<br />
34 Do. for 1834 85<br />
35 Do. for 1835 86<br />
36 Do. for 1836 88<br />
37 Sederunt <strong>of</strong> Trustees 2 Septr 1836 90<br />
38 Sederunt <strong>of</strong> Trustees 23 August 1838 92<br />
39 Do. 27 May 1839 94<br />
40 Do 26 February 1840 98<br />
41 Account <strong>of</strong> Charge and Discharge bet Trustees and James Ogilvie & Son for<br />
1837, 1838, 1839, 1840, 1841 & 1842<br />
99<br />
42 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 17 August 1843 105<br />
43 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 25 Decr 1843 105<br />
44 Sederunt <strong>of</strong> Trustees 31 May 1845 106<br />
45 <strong>Minute</strong> <strong>of</strong> Meeting <strong>of</strong> Trustees 3 Feby 1846 110<br />
1
<strong>Dundee</strong> the 14 th October <strong>1811</strong><br />
Sederunt <strong>of</strong> the Concerns <strong>of</strong> the deceased James <strong>Pullar</strong>, formerly Baker in<br />
<strong>Dundee</strong> thereafter residing in Chapleshade <strong>of</strong> <strong>Dundee</strong><br />
Present Patrick Smith Esquire one <strong>of</strong> the present magistrates <strong>of</strong> <strong>Dundee</strong>, James<br />
<strong>Pullar</strong> and John <strong>Pullar</strong>, Bakers in <strong>Dundee</strong>, Henry <strong>Pullar</strong>, Farmer at West main <strong>of</strong> Dunnichan ,<br />
Walter Newall, Merchant in <strong>Dundee</strong>, James Gray, Merchant there & James Ogilvie, Writer<br />
there, Charles <strong>Pullar</strong>, Farmer at Westmains <strong>of</strong> Turin & Mrs <strong>Pullar</strong>.<br />
The Repositories <strong>of</strong> the said James <strong>Pullar</strong> having been opened and the Seals<br />
removed which had been affixed on his death by the said Patrick Smith, the following papers<br />
were found therein: -<br />
1 st A Bond by the <strong>Dundee</strong> Sugar Refining Company to James <strong>Pullar</strong> deceased for<br />
£1,000.<br />
2 nd Promisory Note by John Berry Esquire <strong>of</strong> Tayfield and William Berry his son<br />
payable at Martinmas next year for £315.<br />
3 rd Promisory Note by James <strong>Pullar</strong> and Company to James <strong>Pullar</strong> due 16/19 May<br />
1809 for £315.<br />
Acknowledgement by John Low, Lochee £4.<br />
4 th Deposit Account with the <strong>Dundee</strong> New Bank on which there appears a balance<br />
due to Mr <strong>Pullar</strong> <strong>of</strong> £809.<br />
5 th Assignation by John Sime, Baker in <strong>Dundee</strong> to Mr <strong>Pullar</strong> <strong>of</strong> one fourth <strong>of</strong> the Tack<br />
<strong>of</strong> the Monyfieth Mills.<br />
6 th Disposition and Assignation by John Rollo to Mr <strong>Pullar</strong> <strong>of</strong> his property in<br />
Chapleshade & Sasin thereon.<br />
7 th Disposition by said James Gray to Mr <strong>Pullar</strong> <strong>of</strong> the third flat from the ground <strong>of</strong> that<br />
Tenement <strong>of</strong> Land situate in the Overgate <strong>of</strong> <strong>Dundee</strong> and the titles thereto belonging.<br />
8 th Disposition by James Nish to James <strong>Pullar</strong> <strong>of</strong> the ground Sten <strong>of</strong> a tenement<br />
situate at Foot <strong>of</strong> Barrack Stet <strong>Dundee</strong> and Tules there<strong>of</strong>.<br />
9 th Extract Regd Disposition by Margaret Rollo to James <strong>Pullar</strong> <strong>of</strong> a to<strong>of</strong>all cellar<br />
situate in the Overgate <strong>of</strong> <strong>Dundee</strong> and Sasine there<strong>of</strong>.<br />
The said James Ogilvie produced a Trust Disposition and Supplement executed by<br />
Mr <strong>Pullar</strong> whereby he conveyed his whole property under certain exceptions to the said<br />
Walter Newall, James Gray, Andrew Peddie, Junior and James Ogilvie, as Trustees for the<br />
purposes therin mentioned dated the 15 th day <strong>of</strong> November 1804.<br />
Also a Disposition by Mr <strong>Pullar</strong> to Mrs <strong>Pullar</strong> his Spouse in liferent, whom failing to<br />
John <strong>Pullar</strong>, his Nephew in liferent and to James <strong>Pullar</strong>, oldest lawful Son <strong>of</strong> the said James<br />
<strong>Pullar</strong> in fee <strong>of</strong> the subjects described in numbers Eight and <strong>Nine</strong> and the subjects disponed<br />
by Andrew Wilson &c.<br />
These Two sealments were delivered to the saids James Ogilvie to be recorded<br />
along with the other papers except those mentioned under the head <strong>of</strong> numbers Eight & <strong>Nine</strong><br />
and the Tules <strong>of</strong> the Subjects disponed by Andrew Wilson & Others to Mr <strong>Pullar</strong> which were<br />
left with Mrs <strong>Pullar</strong> as not falling under the subject <strong>of</strong> the Trust.<br />
The Trustees authorise the said James Ogilvy to pay the price <strong>of</strong> the Share <strong>of</strong><br />
the Monifieth Tack belonging to William Clark bought by Mr <strong>Pullar</strong> before hid death.<br />
Signed by<br />
Elizabeth Crauford [the maiden name <strong>of</strong> Mrs <strong>Pullar</strong>]<br />
Walter Newall<br />
James Gray<br />
James <strong>Pullar</strong><br />
John <strong>Pullar</strong> Charles <strong>Pullar</strong><br />
Henry <strong>Pullar</strong><br />
Jas. Ogilvie<br />
Patrick Smith, Magistrate<br />
Copy Trust Disposition and Deed <strong>of</strong> Settlement by James <strong>Pullar</strong>, dated<br />
15 November 1804<br />
I<br />
2
I James <strong>Pullar</strong> Baker in <strong>Dundee</strong> with consent <strong>of</strong> Mrs Elizabeth Craufurd for<br />
myself and we both with mutual advice and consent, do hereby (but under the<br />
conditions, reservations and provisions after inserted) give grant and dispone to and<br />
in favour <strong>of</strong> James Gray, Walter, Newall and Andrew Peddie Junior, all Merchants in<br />
<strong>Dundee</strong> and James Ogilvie Writer there and to the survivor or survivors <strong>of</strong> them the<br />
major part alive and accepting at the time being always a quorum as Trustees for the<br />
uses and purposes after mentioned and to the Assignees or disponies <strong>of</strong> the said<br />
Trustees All and Sundry Lands and heritages save & except the Subjects disponed<br />
by me to the said Elizabeth Crawfurd in liferent and John <strong>Pullar</strong>, Baker in <strong>Dundee</strong><br />
Son <strong>of</strong> Alexander <strong>Pullar</strong> my brother in fee by Disposition <strong>of</strong> date the Sixteenth day <strong>of</strong><br />
January Eighteen hundred and One and all Debts and sums <strong>of</strong> money heritable and<br />
moveable due by heritable Bonds, adjudications, personal Bonds, Bills or other<br />
vouchers <strong>of</strong> Debt and all and Sundry personal & moveable effects <strong>of</strong> every kind and<br />
denomination belonging to me or which shall belong to me at the time <strong>of</strong> by death<br />
dispensing with generality here<strong>of</strong> and declaring the same to be as valid and effectual<br />
as if my said whole Estate Heritable & Moveable real and personal were herein<br />
particularly described and also declaring that any particular right & Disposition to my<br />
said Trustees <strong>of</strong> my said heritable & real Estate hereby generally disponed which I<br />
shall hereafter make at any time in my life or even on deathbed shall be deemed and<br />
taken as part here<strong>of</strong> And that any Inventory which shall be hereafter made and<br />
subscribed by me <strong>of</strong> my said personal Estate shall be (deemed and taken as part<br />
here<strong>of</strong> and that any Inventory which shall be hereafter made and subscribed by me <strong>of</strong><br />
my said personal Estate shall be ) also taken as part here<strong>of</strong> to exclude the necessity<br />
<strong>of</strong> confirmation And which whole Subjects heritable and moveable above disponed<br />
are conveyed in Trust always for the uses and purposes and under the conditions<br />
and reservations aftermentioned Vizt. That the said Trustees shall upon my death<br />
recover the several Debts and sums <strong>of</strong> money which shall be due to me to be by<br />
them employed in manner following. That is to say.<br />
In the first place our said Trustees and their foresaids shall satisfy and pay all<br />
the just and lawful Debts that shall be resting and owing by me the said James <strong>Pullar</strong><br />
at the time <strong>of</strong> my death with my funeral Charges and the Expenses <strong>of</strong> executing this<br />
Trust; and in the next place they shall lend out the neat balance <strong>of</strong> the said Debts due<br />
to me when recovered on good security heritable or personal and shall pay over to<br />
the said Elizabeth Crawford during her life in case she shall survive me the whole<br />
Interest arising there from with the whole Dividends and Pr<strong>of</strong>its arising from my other<br />
personal Subjects and the whole rents <strong>of</strong> my heritable Property and at the first term <strong>of</strong><br />
Whitsunday or Martinmas after the death <strong>of</strong> both her and me our Trustees shall make<br />
payment to any person or persons whom the said Elizabeth Crawfurd may point out<br />
by a writing under her hand the sum <strong>of</strong> One thousand Pounds Sterling with Five<br />
hundred Pounds Sterling <strong>of</strong> liquidate penalty in case <strong>of</strong> failure and the legal interest <strong>of</strong><br />
the said principal sum from the said term <strong>of</strong> payment yearly & termly thereafter during<br />
the non payment <strong>of</strong> the same Declaring that in 10 year as the said sum <strong>of</strong> One<br />
thousand pounds Sterling shall not be disposed <strong>of</strong> by the said Elizabeth Crawfurd by<br />
a writing under her hand the same shall not be exigble.<br />
And also declaring that whatever property she may be possessed <strong>of</strong> arising<br />
from the Interest & Rents <strong>of</strong> the property hereby conveyed (and including her<br />
household furniture, body clothes and paraphernalia) or otherwise and shall fail to<br />
dispose there<strong>of</strong> in manner foresaid the same shall be deemed and considered as part<br />
<strong>of</strong> the Trust Estate hereby conveyed and be at the disposal <strong>of</strong> our said Trustees.<br />
Which provisions the said Elizabeth Crawfurd accepts in full satisfaction <strong>of</strong><br />
every thing she can claim through her husbands death in case she survive him or that<br />
her Executors or nearest in kin can claim through her predecease. And with respect<br />
to my other moveable means & Estate the same shall be managed and reserved by<br />
the said Trustees during the lifetime <strong>of</strong> the said Elizabeth Crawfurd with her consent<br />
except the household furniture which is to be at her absolute disposal.<br />
And after her death I appoint the said Trustees to sell and dispose <strong>of</strong> the<br />
same together with my lands and heritages as soon as convenient to be by them<br />
employed along with the rest <strong>of</strong> my Estate hereby c onveyed for the purposes after<br />
mentioned Vizt:<br />
3
In the third place our said Trustees shall pay the several Legacies following –<br />
To James <strong>Pullar</strong>, Baker in <strong>Dundee</strong> Son <strong>of</strong> John <strong>Pullar</strong> my Brother and the lawful issue<br />
<strong>of</strong> his body two hundred pounds Sterling.<br />
To David <strong>Pullar</strong> also son <strong>of</strong> the said John <strong>Pullar</strong> and the Issue <strong>of</strong> his body<br />
One hundred pounds Sterling;<br />
To Craigie <strong>Pullar</strong> Son <strong>of</strong> the deceased Charles <strong>Pullar</strong> my Brother and the<br />
Issue <strong>of</strong> his body, One hundred pounds Sterling.<br />
Which Legacies shall be payable at the firs term <strong>of</strong> Whitsunday or Martinmas<br />
making six months after the death <strong>of</strong> the longest liver <strong>of</strong> me and the said Elizabeth<br />
Crawfurd with interest from the said term <strong>of</strong> payment till paid. Declaring that in case <strong>of</strong><br />
the death <strong>of</strong> any <strong>of</strong> the aforesaid Legatees without Issue <strong>of</strong> his body before the death<br />
<strong>of</strong> me and the said Elizabeth Crawfurd this Legacy shall lapse and not be exigible to<br />
each <strong>of</strong> my Nephews and Nieces who may be alive at the death <strong>of</strong> the survivor <strong>of</strong> me<br />
and the said Elizabeth Crawfurd (excepting the Children <strong>of</strong> Alexander <strong>Pullar</strong> my<br />
Brother who are otherwise provided for and my Nephews particularly before<br />
mentioned who are provided for by this deed) the sum <strong>of</strong> twenty five pounds Sterling<br />
and that at the first term <strong>of</strong> Whitsunday or Martinmas after the death <strong>of</strong> the longest<br />
liver <strong>of</strong> the said Elizabeth Crawfurd & me with the legal interest from the said term <strong>of</strong><br />
payment till paid to James Fyffe, Taylor in <strong>Dundee</strong> and Elizabeth Sellers his Spouse<br />
and longest liver <strong>of</strong> them, in liferent for their liferent use allenarly and to Mary Fyffe<br />
their Daughter and the lawful Issue <strong>of</strong> her body in fee the sum <strong>of</strong> £100 Sterling at the<br />
first term <strong>of</strong> Whitsunday or Martinmas making six months after the death <strong>of</strong> the<br />
longest liver <strong>of</strong> me and the said Elizabeth Crawfurd and failing the said Mary Fyffe by<br />
death without Issue <strong>of</strong> her body before the foresaid term <strong>of</strong> payment or before the<br />
death <strong>of</strong> the longest liver <strong>of</strong> the said James Fyffe and Elizabeth Sellars the fee <strong>of</strong> the<br />
said Legacy shall fall and revert to my Trust Estate.<br />
In the fourth place I appoint my said Trustees after my death to allow the Sect<br />
<strong>of</strong> Dereans in <strong>Dundee</strong> to continue in possession <strong>of</strong> that flat <strong>of</strong> the tenement <strong>of</strong> land<br />
situated in the Methodist or Mitchells Close for the free yearly rent to five pounds<br />
Sterling exclusive <strong>of</strong> cess & Repairs so long as they pr<strong>of</strong>ess the leading doctrines <strong>of</strong><br />
the Bereand which are briefly treated in the Encyclopaedia Perthensis and detailed in<br />
the Works <strong>of</strong> the late Mr John Barklay<br />
And lastly the remainder <strong>of</strong> the said Estates heritable and moveable hereby<br />
conveyed shall be allowed to accumulate with the Interest to a Capital Stock <strong>of</strong> three<br />
thousand pounds Sterling after which period the interest on the amount shall be<br />
applied to discharge the following annuities Vizt:<br />
To the <strong>Dundee</strong> Infirmary Ten pounds Sterling.<br />
To the poor <strong>of</strong> the <strong>Nine</strong> <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> Five Pounds Sterling.<br />
To the Kirk Session <strong>of</strong> <strong>Dundee</strong> for beho<strong>of</strong> <strong>of</strong> the poor there<strong>of</strong> five pounds<br />
Sterling.<br />
Which last annuity shall be given at the door <strong>of</strong> the Old Church on the first<br />
Sunday <strong>of</strong> every year by the Deacon <strong>of</strong> the Baker Trade in <strong>Dundee</strong> and after<br />
answering these annuities the One half <strong>of</strong> the yearly surplus shall be applied towards<br />
maintaining and educating ten poor boys who must not be admitted under Six years.<br />
And the other half <strong>of</strong> the Interest to be distributed among ten poor old men <strong>of</strong><br />
women not below sixty years <strong>of</strong> Age such Boys and Paupers <strong>of</strong> the name <strong>of</strong> <strong>Pullar</strong><br />
and particularly those who can prove their pedigree from John <strong>Pullar</strong>, Farmer in Mill<br />
<strong>of</strong> Hauchmoor, my father, to be preferred and further that our said Trustees may be<br />
encouraged to accept <strong>of</strong> the Trust hereby committed to them we declare that they<br />
shall not by liable for neglect omissions or diligence <strong>of</strong> any kind or for the insolvency<br />
<strong>of</strong> any person to whom they may lend the proceeds <strong>of</strong> this Trust Estate nor shall they<br />
be liable singuli in solidum but each only for his own personal intromissions and they<br />
shall be no farther liable for any factor they may appoint (which they are hereby<br />
authorised to do) than that they shall by habit and repute responsible at the time <strong>of</strong><br />
entering upon their <strong>of</strong>fice.<br />
As also that the said Trustees shall be at liberty and have full power on all<br />
necessary occasions in the execution <strong>of</strong> this Trust to bind the heirs <strong>of</strong> me the said<br />
James <strong>Pullar</strong> and all others concerned in this Settlement to the extent <strong>of</strong> their<br />
respective shares there<strong>of</strong> (the said Elizabeth Crawfurd alone excepted) in clauses <strong>of</strong><br />
absolute warrandice in favour <strong>of</strong> the Debtors or <strong>of</strong> purchasers <strong>of</strong> any part <strong>of</strong> the Trust<br />
4
Estate but which purchasers or Debtors shall be noways concerned with the<br />
application <strong>of</strong> any sums <strong>of</strong> money to be paid by them nor with any <strong>of</strong> the conditions or<br />
provisions herein contained but shall be sufficiently exonerred by the simple<br />
discharge <strong>of</strong> the said Trustee or Trustees or their foresaids. And further it is hereby<br />
declared that upon the death or non acceptance <strong>of</strong> any three <strong>of</strong> the before named<br />
Trustees the whole property hereby conveyed shall rest in the survivor who shall be<br />
obliged to denude <strong>of</strong> the Trust and account for his Intromissions with the Trust Estate<br />
pay over whatever balance may be then remaining I his hands and at the sametime<br />
redispone the Lands vested and recover whatever grounds <strong>of</strong> Debt may be then<br />
standing in his person to and in favour <strong>of</strong> the Minister <strong>of</strong> the Overgate District in the<br />
parish <strong>of</strong> <strong>Dundee</strong> for the time being and his Successors in Office, twenty members <strong>of</strong><br />
the Kirk Session <strong>of</strong> <strong>Dundee</strong> selected by that body to the Convener and Deacons <strong>of</strong><br />
The <strong>Nine</strong> Incorporated <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> then in <strong>of</strong>fice and to the nine Deacons <strong>of</strong><br />
the preceding year and their successors in <strong>of</strong>fice as Trustees and Patrons for the<br />
uses and ends and purposes and with the several powers and privileges hereby<br />
conferred on the Trustees above named.<br />
Declaring that twenty <strong>of</strong> these new Trustees assembled shall constitute a<br />
meeting and the majority <strong>of</strong> the meeting a sufficient quorum. It being hereby likewise<br />
declared that the Clerk to the <strong>Nine</strong> Incorporated <strong>Trades</strong> shall be their Clerk, keep<br />
regular accounts and make the same patent to the inspection <strong>of</strong> any <strong>of</strong> the managers.<br />
And further declaring that denuding <strong>of</strong> the Trust hereby conveyed the<br />
surviving original Trustee shall be entitled to relief <strong>of</strong> all engagements he may have<br />
come under in the management <strong>of</strong> the present Trust.<br />
And lastly for carrying these presents more effectually into execution I hereby<br />
nominate and appoint my said Trustees before named quorum or survivor <strong>of</strong> them as<br />
said is for the uses & purposes presaid to be my sole and only Executors and<br />
Intromitters with my goods & gear with power to them to give up Inventories <strong>of</strong> my<br />
Effects and to confirm my Testament if needful.<br />
Reserving always to me the said James <strong>Pullar</strong> my own liferent <strong>of</strong> the<br />
premises with full power and liberty to me at any time <strong>of</strong> my life and even on<br />
deathbed, by a writing under my hand to alter, innovate or revoke these presents in<br />
whole or in part and to assign and dispose <strong>of</strong> the effects hereby conveyed; But in so<br />
far as these presents shall not be altered the same shall be valid and effectual though<br />
found lying by me at the time <strong>of</strong> my death or in the custody <strong>of</strong> any other person for my<br />
beho<strong>of</strong> undelivered declaring that I shall not be at liberty to alter the provisions<br />
conceived in favour <strong>of</strong> the said Elizabeth Crawfurd before specified, without her own<br />
consent in writing. And having dispensed with the delivery here<strong>of</strong> we consent to the<br />
registration <strong>of</strong> these presents in the <strong>Book</strong>s <strong>of</strong> Council and Session or other Judges<br />
<strong>Book</strong>s competent therein to remain for preservation and for that purpose we<br />
Constitute our procuration &c.<br />
In Witness where<strong>of</strong> these presents written upon this and the five preceding<br />
pages <strong>of</strong> stamped paper by Thomas Adamson, Clerk to John Ogilvie & Son, Writers<br />
in <strong>Dundee</strong> are subscribed by us at <strong>Dundee</strong> the fifteenth day <strong>of</strong> November Eighteen<br />
hundred and four years before these Witnesses, John Stephart, Apprentice to the<br />
said John Ogilvie & Son and the said Thomas Adamson.<br />
(Signed) Jas. <strong>Pullar</strong><br />
Elizabeth Crawfurd<br />
John Stephart, Witness<br />
Thomas Adamson, Witness<br />
Codicil<br />
I the before designed Elizabeth Crawfurd do hereby in exercise <strong>of</strong> the powers<br />
reserved to me by the foregoing Testament appoint each <strong>of</strong> my Trustees before named Vizt:<br />
James Gray, Walter Newall, Andrew Peddie Junior and James Ogilvie to retain five guineas<br />
for a mourning ring and as a mark <strong>of</strong> my respect for them out <strong>of</strong> the first part <strong>of</strong> my funds<br />
before conveyed.<br />
In Witness there<strong>of</strong> we subscribe this Codicil written annexed to said Settlement by<br />
James Miller, Apprentice to John Ogilvie & Son, Writers in <strong>Dundee</strong> or Chapelshade <strong>Dundee</strong><br />
the twenty eighth day <strong>of</strong> April Eighteen hundred and ten, before these Witnesses – William<br />
5
Anderson, Clerk to the said John Ogilvie & Son and Patrick Smart, Apprentice to the said<br />
John Ogilvie & Son the place, date Witness name and designations being filled up by the said<br />
William Anderson.<br />
(Signed)<br />
Jas. <strong>Pullar</strong><br />
Elizabeth Crawfurd<br />
Wm. Anderson, Witness<br />
Pat. Smart, Witness<br />
<strong>Dundee</strong> 11 May 1812<br />
Sederunt <strong>of</strong> the Trustees <strong>of</strong> the late Mr James <strong>Pullar</strong><br />
Present: Messers Walter Newall, James Gray, Andrew Peddie and James Ogilvie<br />
The Meeting recommended to John Ogilvie & Son their Agents to get the following<br />
Shares <strong>of</strong> Stock or Ships disposed <strong>of</strong> vizt:<br />
Each Share <strong>of</strong> the “Mary Ann” & “Horn” at £700 Sterling <strong>of</strong> upset price, being 1/32<br />
Share.<br />
One sixtieth Share <strong>of</strong> the Estridge Company at £110.<br />
One Share <strong>of</strong> the <strong>Dundee</strong> & Perth Shipping company at £40.<br />
One Share <strong>of</strong> the Hull Shipping Company at £10.<br />
The above to be upset prices payable at three months from the date <strong>of</strong> the sale, but<br />
the purchasers <strong>of</strong> the shares in the “Mary Ann” and “Horn” to be allowed three months longer<br />
on allowing Interest for the additional period.<br />
The purchaser to have right to current Dividends and pay the premium incurred.<br />
The meeting requested the Agents to apply to Alexander Anderson for a State <strong>of</strong> his<br />
Accounts with the Monyfieth Mill & to request Mr Small to convene a Meeting <strong>of</strong> James <strong>Pullar</strong><br />
& Company’s concerns on an early day.<br />
(Signed) Walter Newall<br />
James Gray<br />
Andrew Peddie<br />
Jas. Ogilvie<br />
Inventory <strong>of</strong> the Personal Estate <strong>of</strong> the late James <strong>Pullar</strong>, Baker in <strong>Dundee</strong> who<br />
died on the tenth day <strong>of</strong> October Eighteen hundred and Eleven with Interest due on<br />
principal sums at that date.<br />
Imprimis Principal sum in Promissory Note by John Berry<br />
Of Tay field and William Berry W. S. his Son dated 16<br />
November 1810<br />
Interest due at 4½ p cent<br />
2do Principal sum in Promissory Note by James <strong>Pullar</strong> & Co<br />
dated 16 May 1808<br />
Interest due at 4½ p Cent<br />
3to Principal sum deposited in the <strong>Dundee</strong> new Bank<br />
Interest due on Do @ 4 P Cent<br />
4to Two Shares (being 2/32) <strong>of</strong> the Capital Stock <strong>of</strong> the<br />
<strong>Dundee</strong> Whale Fishing company sold by Public Roup<br />
payable ¼ September 1812 without Interest<br />
5to One Share (being 1/60) <strong>of</strong> the Capital Stock <strong>of</strong> the<br />
Estridge Shipping Co sold by Roup & Payable as above<br />
6to One Share <strong>of</strong> the Capital Stock <strong>of</strong> the <strong>Dundee</strong> & Perth<br />
Shipping Coy sold by Roup & payable as above<br />
7mo One Share <strong>of</strong> the <strong>Dundee</strong> Hull Shipping Company<br />
Capital Stock sold by Roup & payable as above<br />
Total<br />
Deduct Expense <strong>of</strong> Advertisements Sale & Tax<br />
8vo Dividends due on the share <strong>of</strong> the Estridge Fishing<br />
Company Stock<br />
£300. 0. 0<br />
12. 7. 0<br />
300. 0. 0<br />
45.18.8<br />
809. 0. 0<br />
15. 1. 5<br />
1540. 0. 0<br />
150. 0. 0<br />
49. 0. 0<br />
11.10. 0<br />
1750.10.0<br />
50. 0. 0<br />
45. 0. 0<br />
£312. 7. 0<br />
345.18. 8<br />
824. 1. 5<br />
1700.10. 0<br />
45. 0. 0<br />
6
9no Dividend due from the <strong>Dundee</strong> & Perth Shipping<br />
Company Stock<br />
5. 0. 0 5. 0. 0<br />
10mo Dividend due from the <strong>Dundee</strong> Hull Shipping Co. Stock 3. 0. 0 3. 0 .0<br />
11mo Dividend due from Shares <strong>of</strong> the <strong>Dundee</strong> Whale Fishing<br />
Company Stock<br />
180. 0.0 180. 0. 0<br />
12mo The deceased’s Household furniture bequeathed to his<br />
Widow valued by Dan. Mackay conform to Inventory &<br />
Appraisement<br />
67. 8. 0 67. 0. 0<br />
12mo Stock in trade with James <strong>Pullar</strong> & Coy. Brewers in<br />
<strong>Dundee</strong> which is now dissolved but the Affairs not<br />
wound up – supposed<br />
500. 0. 0 500. 0. 0<br />
£3983. 5. 0<br />
Nota: The above funds are subject to the Widows liferent.<br />
(Signed) Jas. Ogilvie. Davd. Brown, Convr.<br />
At <strong>Dundee</strong> the twelfth day <strong>of</strong> June Eighteen hundred and twelve years In presence <strong>of</strong><br />
David Brown Esquire, one <strong>of</strong> the present Magistrates <strong>of</strong> <strong>Dundee</strong> Commissioner Appointed by<br />
the Commissary <strong>of</strong> Brechin for taking Oath underwritten appeared James Ogilvie, Writer in<br />
<strong>Dundee</strong> One <strong>of</strong> and Factor for the other Trustees and Executors <strong>of</strong> the deceased James<br />
<strong>Pullar</strong>, late Baker in <strong>Dundee</strong> who being solemnly sworn and examined Depones that the said<br />
James <strong>Pullar</strong> died upon the tenth day <strong>of</strong> October last and Deponent has entered upon the<br />
possession and management <strong>of</strong> the deceased’s personal Estate as One <strong>of</strong> the Trustees and<br />
Executors nominated by him in a General Trust Disposition and Deed <strong>of</strong> Settlement executed<br />
by him upon the fifteenth day <strong>of</strong> November Eighteen hundred and four recorded in the <strong>Book</strong>s<br />
<strong>of</strong> Council and Session (Office N.B.) the sixteenth day <strong>of</strong> October last and Extract where<strong>of</strong> is<br />
now exhibited and signed by the Deponent and the said Commissioner <strong>of</strong> this date relative<br />
hereto:<br />
That the Deponent does not know <strong>of</strong> any settlement or Writing relative to the disposal<br />
<strong>of</strong> the deceased’s personal Estate & Effects or any part <strong>of</strong> them other than that now exhibited:<br />
That the said Inventory which is signed by the Deponent and the said Commissioner<br />
is a full & complete Inventory <strong>of</strong> the personal Estate & Effects <strong>of</strong> the said deceased James<br />
<strong>Pullar</strong> wheresoever situated and belonging or due to him beneficially at the time <strong>of</strong> his death<br />
in so far as the same has come to the Deponents knowledge and that the value <strong>of</strong> the said<br />
Estate situated in Scotland is <strong>of</strong> the value <strong>of</strong> Three thousand five hundred pounds Sterling<br />
and under the value <strong>of</strong> Five thousand pounds Sterling.<br />
All which is truth as the Deponent shall answer to God.<br />
(Signed) Jas. Ogilvie<br />
Davd. Brown, Bailie & Commissioner.<br />
Registered in the Commissary Court <strong>Book</strong>s <strong>of</strong> Brechin 16 June 1812.<br />
Note by Innes Duffus: The Estate value <strong>of</strong> £3983.5.0 is the equivalent <strong>of</strong> £1,552,260.86 in<br />
2002.<br />
There follows extracts from the <strong>Minute</strong>s <strong>of</strong> the Trust showing only the items which might be <strong>of</strong><br />
interest to the present generation. It does not include Charges & Discharges nor the<br />
beneficiaries, who are listed annually<br />
<strong>Dundee</strong> 18 Nov 1812<br />
… The Trustees authorise John Ogilvie & son their Agents to lend Oliver Gourlay Esquire <strong>of</strong><br />
Craigrothie the sum <strong>of</strong> two thousand five hundred Pounds Sterling on his heritable Bond over<br />
the Lands <strong>of</strong> Scotstarvet.<br />
(Signed) James Gray<br />
Andrew Peddie<br />
Walter Newall<br />
Jas Ogilvie.<br />
I approve <strong>of</strong> the above (signed) Elizabeth Crawford<br />
7
10 July 1819<br />
The Agents stated that John Baxter Esquire <strong>of</strong> Idvies had proposed to borrow Two<br />
thousand five hundred pounds Sterling upon a Transfer to the balance <strong>of</strong> an Heritable<br />
Security for the Amount affecting Idvies and which belonged to the Trustees <strong>of</strong> the late Mr<br />
Kerr <strong>of</strong> Dumbarrow: that as Mr Gourlay’s Bond to the Trustees over Scotstarvet for this<br />
amount was to be paid up the Agents submitted to the consideration <strong>of</strong> the Trustees whether<br />
this sum should not be lent to Mr Baxter upon the above Transfer. The Trustees approved <strong>of</strong><br />
this security and dispensed with any search <strong>of</strong> the records and as Mr Baxter had the views <strong>of</strong><br />
paying up the money soon they agreed to delay infefting on this transfer for a twelve month<br />
hence.<br />
30 September 1819<br />
..George Heggie Esquire <strong>of</strong> Pulessie, writer to the signet proposed to borrow from the<br />
Trustees £2,500 say two thousand five hundred pounds Sterling, being the sum contained in<br />
Oliver Gourlay <strong>of</strong> Craigrothies Bond to the Trustees and which had lately been paid up. There<br />
were two sums effecting Pulessie amounting to Six thousand pounds but as the property was<br />
<strong>of</strong> such greater value than this the Meeting authorise their Factors to lend Mr Heggie the sum<br />
required upon the Bond and Disposition in Security over Pulessie Provided Mr William Berry<br />
<strong>of</strong> Tayfield shall join as Collateral Security for regular payment <strong>of</strong> the Interest & provided also<br />
that the Bond shall contain a Clause <strong>of</strong> Sale and that no further securities shall appear to be<br />
due from the records than the present One and the two prior Ones for Six thousand pounds.<br />
The Meeting approve <strong>of</strong> the temporary advance <strong>of</strong> fourteen hundred Pounds which<br />
their Factors made lately to Mr Heggie to account <strong>of</strong> this loan and for which Mr Heggie & Mr<br />
Berry granted their joint Note.<br />
Copy Discharge by Mrs <strong>Pullar</strong>’s Trustees to James <strong>Pullar</strong>’s Trustees dated the<br />
twentieth and registered in the Sheriff court <strong>Book</strong>s <strong>of</strong> Forfarshire the thirty first day <strong>of</strong><br />
January 1825<br />
We James Gray and Andrew Peddie both merchants in <strong>Dundee</strong> and James Ogilvie,<br />
Writer there Trustees and Executors nominated and appointed by the deceased Mrs<br />
Elizabeth Crawford or <strong>Pullar</strong> Relict <strong>of</strong> the deceased James <strong>Pullar</strong> sometime Baker in <strong>Dundee</strong>,<br />
thereafter residing in Chapelshade <strong>of</strong> <strong>Dundee</strong> conform to Trust Disposition and Settlement<br />
executed by her in our favour dated the seventh day <strong>of</strong> February and recorded in the Sheriff<br />
Court <strong>Book</strong>s <strong>of</strong> Forfarshire the twenty ninth day <strong>of</strong> May both last: whereby the Majority <strong>of</strong> us<br />
are declared a quorum Whereas the said deceased James <strong>Pullar</strong> by his Trust Disposition and<br />
Deed <strong>of</strong> Settlement dated the fifteenth day <strong>of</strong> November in the year Eighteen hundred and<br />
(twenty) four and recorded in the <strong>Book</strong>s <strong>of</strong> Council and Session the sixteenth day <strong>of</strong> October<br />
in the year eighteen hundred and eleven, did with consent <strong>of</strong> the said Mrs Elizabeth Crawford<br />
or <strong>Pullar</strong> under the conditions, reservations and provisions therein inserted, give, grant and<br />
dispone to and in favour <strong>of</strong> us the said James Gray, Andrew Peddie and James Ogilvie and <strong>of</strong><br />
Walter Newall Merchant in <strong>Dundee</strong> his whole estate heritable and moveable, in manner and<br />
with the exceptions therein mentioned, but in trust for the uses and purposes and under the<br />
conditions and reservations therein specified and inter alia that his said Trustees ,should upon<br />
his death recover the several debts and sums <strong>of</strong> money which should be due to him to be by<br />
them employed in manner therein mentioned and in particular that the said Trustees should in<br />
the first place satisfy and pay all the just and lawful debts that should be resting and owing by<br />
the said James <strong>Pullar</strong> at the time <strong>of</strong> his death, with his funeral charges and the expenses <strong>of</strong><br />
executing the Trust and in the next place they should lend out the neat balance <strong>of</strong> the said<br />
debts when recovered on good security heritable or personal and should pay over to the said<br />
Elizabeth Crawford during her life in case she should survive the said James <strong>Pullar</strong> the whole<br />
Interest arising therefrom with the whole dividends and pr<strong>of</strong>its arising from the said James<br />
<strong>Pullar</strong>’s other personal subjects and the whole Rents <strong>of</strong> his heritable property and at the first<br />
term <strong>of</strong> Whitsunday or Martinmas after the death <strong>of</strong> both the said James <strong>Pullar</strong> and Mrs<br />
Elizabeth Crawford or <strong>Pullar</strong>, they the said Trustees pf the said James <strong>Pullar</strong> should make<br />
payment to any person or persons, whom the said Elizabeth Crawford or <strong>Pullar</strong> might point<br />
out by a writing under her hand the sum <strong>of</strong> One Thousand pounds Sterling with two hundred<br />
Pounds <strong>of</strong> liquidate penalty in case <strong>of</strong> failure and the legal interest <strong>of</strong> the said principal sum<br />
8
from the said term <strong>of</strong> payment yearly and termly thereafter during the non payment <strong>of</strong> the<br />
same: And whereas the said James <strong>Pullar</strong>’s Trustees entered upon the (payment)<br />
management <strong>of</strong> the said estate and appointed John Ogilvie & Son Writers in <strong>Dundee</strong> their<br />
factors who uplifted the whole interest dividends and other annual pr<strong>of</strong>its thereon except the<br />
Rents <strong>of</strong> the heritable subjects which were possessed by the said Mrs Elizabeth Crawford or<br />
<strong>Pullar</strong> herself. And whereas from an account <strong>of</strong> Charge and Discharge between the said<br />
James <strong>Pullar</strong>’s Trustees and John Ogilvie and Son Writers in <strong>Dundee</strong> their factors foresaid,<br />
audited and docqueted by these parties and by the said Mrs Elizabeth Crawford or <strong>Pullar</strong><br />
upon the thirtieth day <strong>of</strong> September in the year eighteen hundred and nineteen it appears that<br />
there was at that time a balance <strong>of</strong> the Interest and other annual pr<strong>of</strong>its <strong>of</strong> the said James<br />
<strong>Pullar</strong>’s estate due to the said Elizabeth Crawford or <strong>Pullar</strong> <strong>of</strong> Sixty seven pounds two<br />
shillings and two pence Sterling.<br />
And from an account <strong>of</strong> Charge and Discharge between the said James <strong>Pullar</strong>’s<br />
Trustees and us as Trustees <strong>of</strong> the said Elizabeth Crawford or <strong>Pullar</strong> consisting <strong>of</strong> the<br />
Intromissions <strong>of</strong> the said John Ogilvie & Son as factors foresaid with the interest <strong>of</strong> the said<br />
James <strong>Pullar</strong>’s Estate liferented by (the said) Mrs <strong>Pullar</strong> it appears that the amount <strong>of</strong> the said<br />
interest received by them after the date <strong>of</strong> the former account and including the foresaid<br />
balance <strong>of</strong> Sixty seven pounds four shillings and two pence amounts to Twelve hundred and<br />
nine pounds three shillings and eleven pence. And that the sums paid by the said factors to<br />
Mrs <strong>Pullar</strong> with the Sums disbursed on her account and the expence <strong>of</strong> management<br />
amounts to Three hundred and eighty two pounds four shillings and two pence Sterling.<br />
And whereas since the death <strong>of</strong> the said Elizabeth Crawford <strong>of</strong> <strong>Pullar</strong> and upon the<br />
eleventh day <strong>of</strong> November last, we, as Trustees foresaid have received from the said James<br />
<strong>Pullar</strong>’s Trustees by the hands <strong>of</strong> their said factors the sum <strong>of</strong> one hundred and fifty pounds<br />
Sterling to account <strong>of</strong> the sums due to her so that the balance to her estate by the said James<br />
<strong>Pullar</strong>’s Trustees as on the twenty fourth day <strong>of</strong> December last is Six hundred and seventy six<br />
pounds nineteen shillings and nine pence Sterling as appears from the last mentioned<br />
account <strong>of</strong> Charge and Discharge which is Signed by the parties <strong>of</strong> that date as relative to<br />
these presents: and which balance was deposited by the said Trustees with the <strong>Dundee</strong><br />
Banking Company bearing interest at three per cent, And now seeing that the Trustees <strong>of</strong> the<br />
said James <strong>Pullar</strong> did at the term <strong>of</strong> Martinmas last make payment to us as Trustees <strong>of</strong> the<br />
said Mrs Elizabeth Crawford or <strong>Pullar</strong>, <strong>of</strong> the foresaid sum <strong>of</strong> one thousand pounds conform<br />
to our receipt therefor dated the ninth day <strong>of</strong> November last: And that the Trustees <strong>of</strong> the said<br />
James <strong>Pullar</strong> have by the hands <strong>of</strong> their said factors made payment to us as Trustees <strong>of</strong> the<br />
said Mrs Elizabeth Crawford or <strong>Pullar</strong> <strong>of</strong> the foresaid sum <strong>of</strong> six hundred and seventy six<br />
pounds <strong>Nine</strong> shillings and eleven pence Sterling as the interest there<strong>of</strong> at the rate <strong>of</strong> three per<br />
cent from the said twenty fourth day <strong>of</strong> December last to the date here<strong>of</strong>: Of which sums we<br />
do hereby acknowledge the receipt renouncing all exceptions to the contrary.<br />
Therefore we the said James Gray, Andrew Peddie and James Ogilvie as Trustees<br />
and Executors appointed by the said Mrs Elizabeth Crawford or <strong>Pullar</strong> have executed and<br />
discharged and we do hereby for our respective interests and with mutual consent exoner<br />
acquit and simplicitor discharge the said James Gray, Andrew Peddie, Walter Newall and<br />
James Ogilvie and the said John Ogilvie & Son as their factors and their respective heirs,<br />
executors and Successors <strong>of</strong> the foresaid provision <strong>of</strong> one thousand pounds Sterling and <strong>of</strong><br />
one hundred and fifty pounds Sterling paid to us as aforesaid and <strong>of</strong> the foresaid balance <strong>of</strong><br />
Six hundred and seventy six pounds nineteen shillings and nine pence Sterling and <strong>of</strong> the<br />
Interest there<strong>of</strong> as aforesaid and <strong>of</strong> the whole actings transactions (and) Intromissions and<br />
management had by the said Trustees or any <strong>of</strong> them or their said factors, with the interests<br />
and pr<strong>of</strong>its <strong>of</strong> the said James <strong>Pullar</strong>’s Estate liferented by the said Elizabeth Crawford or<br />
<strong>Pullar</strong> as aforesaid and in particular without prejudice to the foresaid generality <strong>of</strong> the whole<br />
Intromissions as specified and contained in the foresaid account <strong>of</strong> Charge and Discharge &<br />
all that has followed or is competent to follow upon the same for ever: dispensing with the<br />
generality here<strong>of</strong> (for) and declaring these presents to be as valid and sufficient as if every<br />
particular <strong>of</strong> their Intromissions had been herein specially enumerated.<br />
Which discharge we bind and oblige ourselves as Trustees foresaid our heirs, as<br />
Executors and Successors to warrant to the Trustees <strong>of</strong> the said James <strong>Pullar</strong> and their<br />
factors and their foresaids at all hands.<br />
And we consent to the Registration <strong>of</strong> these presents in the <strong>Book</strong>s <strong>of</strong> the Council and<br />
Session or other Judges books competent for preservation and that all legal execution<br />
9
necessary may pass upon a Decree to be interponed hereto in common form and thereto<br />
constitute.<br />
In witness where<strong>of</strong> these presents written upon this and the two preceding pages <strong>of</strong><br />
Stamped paper by John Sturrock, Apprentice to the said John Ogilvie & Son are subscribed<br />
by the said James Gray, Andrew Peddie and James Ogilvie as Trustees <strong>of</strong> the said Mrs<br />
Elizabeth Crawford or <strong>Pullar</strong> at <strong>Dundee</strong> the twentieth day <strong>of</strong> January in the year Eighteen<br />
hundred and twenty five before these Witnesses, James Forgan, Clerk to the said John<br />
Ogilvie & son and the said John Sturrock.<br />
(Signed) James Gray<br />
Jas. Ogilvie<br />
Andrew Peddie<br />
James Forgan, Witness<br />
John Sturrock, Witness<br />
Copy Inventory <strong>of</strong> James <strong>Pullar</strong>s Estate<br />
Recorded in Commissary Court <strong>Book</strong>s <strong>of</strong> Brechin 16 June 1872<br />
Imprimis Principal sum in promissory note by John<br />
Berry<br />
<strong>of</strong> Tayfield and William Berry WS his son<br />
dated 16 Novr 1810<br />
Interest due at 4½ per Cent<br />
Secundo Principal sum in promissory Note by James<br />
<strong>Pullar</strong> & Coy dated 16 may 1808<br />
Interest due at 4½ per Cent<br />
Teretio Principal sum deposited in the <strong>Dundee</strong> New<br />
Bank<br />
Interest due on ditto at 4 per Cent<br />
Quarto Two shares being 3/32 <strong>of</strong> the Capital Stock<br />
<strong>of</strong> the <strong>Dundee</strong> Whale Fishing Company sold<br />
by public Roup payable ¼ September 1812<br />
without interest<br />
Quinto One Share being 1/60 <strong>of</strong> the Capital Stock <strong>of</strong><br />
the Etridge Shipping Company sold by Roup<br />
and payable as above<br />
Sexto One Share <strong>of</strong> the Capital Stock <strong>of</strong> the<br />
<strong>Dundee</strong> and Perth Shipping Company sold<br />
by Roup and payable as above<br />
Septimo One Share <strong>of</strong> the <strong>Dundee</strong> Hull Shipping<br />
Company’s Capital Stock sold by Roup and<br />
payable as above<br />
Deduct Expense <strong>of</strong> Advertisements, Sale &<br />
Tax<br />
Octavo Dividends due on the Shares <strong>of</strong> the Estridge<br />
Fishing Company’s Stock<br />
Nono Dividends due from the <strong>Dundee</strong> and Perth<br />
Shipping Company’s Stock<br />
Decimo Dividend due from the <strong>Dundee</strong> Hull Shipping<br />
Company’s Stock<br />
Undecimo Dividend due from the Shares <strong>of</strong> the <strong>Dundee</strong><br />
Whaling Company’s Stock<br />
Duodecimo The Deceased’s household furniture Bed and<br />
Table Lines specially bequeathed to his<br />
Widow valued by Daniel Mackay conform to<br />
Inventory and Appraisement<br />
Tries cimo Stock in Trade with James <strong>Pullar</strong> & Co<br />
Brewer in <strong>Dundee</strong> which is now dissolved but<br />
the affairs not wound up – supposed<br />
£300.0.0<br />
12. 7. 0<br />
300. 0. 0<br />
45.18. 8<br />
809. 0. 0<br />
15. 1. 5<br />
1540. 0. 0<br />
150. 0. 0<br />
49. 0. 0<br />
11.10. 0<br />
1750.10. 0<br />
50. 0. 0<br />
£312. 7. 0<br />
345.15. 8<br />
1700.10. 0<br />
45. 0. 0<br />
5. 0. 0<br />
3. 0. 0<br />
180. 0. 0<br />
67. 8. 0<br />
500. 0. 0<br />
10
5983. 5. 0<br />
Note by Innes Duffus £5983. 5. 0 equates to £265,004.60 in 2002<br />
Copy Re sidue State <strong>of</strong> James <strong>Pullar</strong>’s personal Estate<br />
Receipts<br />
Cash in Bank 824. 1. 3<br />
Household furniture bequeathed to Widow 67. 8. 0<br />
Principal sums in Bonds, Bills etc 600. 0. 0<br />
Interest on ditto to death 98.19. 4<br />
Debts on open Accounts 2. 0. 0<br />
Shares <strong>of</strong> Companys’ 1760.10. 0<br />
Dividends on Ditto to death 233. 0. 0<br />
Real Estate 1760.10. 0<br />
Rents since death 85. 3. 0<br />
Accrued Interest 108.18. 2<br />
5538.15. 5<br />
Payments<br />
Confirmation and Inventory Stamp 126. 0. 2<br />
Funeral Expenses 40. 2. 4½<br />
Expense <strong>of</strong> Management 230. 4. 1½<br />
Debts on Accounts 48.17. 4<br />
Debts on Bills 268. 5. 7<br />
Legacies Paid 1546. 0. 0<br />
Furniture specially bequeathed to Widow 67. 8. 0 2326.17. 7<br />
3211.17.10<br />
Duty per £321. 3. 9 Sterling being at the rate <strong>of</strong> 10 per Cent paid on June 1825<br />
Note by Innes Duffus £2326.17. 7 equates to £142,258.15. 0 in 2002<br />
Sederunt <strong>of</strong> the Trustees <strong>of</strong> the late James <strong>Pullar</strong>, Baker in <strong>Dundee</strong><br />
23 November 1831<br />
The Factor laid before the Meeting his Letter <strong>Book</strong> containing the copy <strong>of</strong> a letter<br />
which he had written to Mr Peddie on the subject <strong>of</strong> a loan to Mr John Peter & renewing a<br />
Note by Mr Ducat and others to the Trustees <strong>of</strong> which the following is a Copy:<br />
<strong>Dundee</strong> 28 Oct 1831<br />
Dear Sir<br />
I told your friend Provost Brown that I would be glad to have a few minutes<br />
conversation when you came to town.<br />
Mr John Peter at Keithock proposes to borrow £500 or £600 on the securities <strong>of</strong><br />
certain houses in <strong>Dundee</strong> which are rented at £48 per Annum. These were exposed at the<br />
upset price <strong>of</strong> about £650 and might therefore appear rather little for £600 loan. But Mr John<br />
Ramsay, Merchant in <strong>Dundee</strong> is to join for the regular payment <strong>of</strong> the Interest at 4½ per Cent<br />
– The money to be for four or five years certain after Marts. next. Mr John Ramsay I consider<br />
to be in very good circumstances & the bound only for the Interest it is almost the same as if<br />
he were bound for the principal.<br />
There is £650 <strong>of</strong> Mr <strong>Pullar</strong>’s money lying in the Bank at three per Cent & I shall be<br />
glad to learn if you are agreeable to lend £500 or £600 <strong>of</strong> this money to Mr Peter.<br />
There was £500 <strong>of</strong> the Trust funds lent to Mr William Ducat upon a Promissory Note<br />
by him. Messers John Gray & William Gray, Merchants in <strong>Dundee</strong>, Mr Thomas Smith, Farmer<br />
at Haughs <strong>of</strong> Kinnaird, Mr Thomas Gray, Merchant in Montrose and the late Mr John Steele,<br />
Merchant in Forfar. In consequence <strong>of</strong> Mr Steele’s death his family wish to get up his name<br />
from the pro Note and Mrs Ducat proposes to renew it by all the other parties.<br />
I should consider the money would be safe enough but I will require the Trustees<br />
sanction to the change.<br />
11
I hope to hear from you in the course <strong>of</strong> a few days.<br />
Meantime I remain &c<br />
(Signed) Jas. Ogilvie<br />
Mr Ogilvie also laid before the Meeting Mr Peddie’s answer <strong>of</strong> which the following is a<br />
Copy:<br />
Bankhead 11 th Nov 1831<br />
Dear Sir<br />
I received yours <strong>of</strong> the 28h Ulto. and 8 th instant: in regard to Mr <strong>Pullar</strong>s Trust, if the<br />
other Trustees are satisfied as to the security I am <strong>of</strong> opinion it is quite satisfactory.<br />
I have to apologise for not answering your letter earlier.<br />
And I am &c<br />
(Signed) A. Peddie.<br />
The Meeting having considered the foregoing correspondence they agree to lend Mr<br />
Peter six hundred pounds on the proposed security for five years from Marts. last.<br />
They approved a search <strong>of</strong> the Register <strong>of</strong> Sasines from the time that Mr Peter<br />
acquired the right to the property from his brother James, which was in 1816, but in<br />
consequence <strong>of</strong> Mr John Peter & Mrs Ramsay’s circumstances they consider ant other<br />
search unnecessary.<br />
They also agree to renew Mr Ducat’s Note as proposed being satisfied with him & the<br />
other obligants without Mr Steele.<br />
<strong>Dundee</strong> 26 February 1840<br />
…Mr Ogilvie stated that Mr Ducats Note along with others to the Trustees for Five<br />
hundred pounds Stg. was to be paid up on Friday next.<br />
That the <strong>Dundee</strong> Sugar Refining Company had intimated that were to pay up their<br />
Note to the Trustees ay Whitsunday next per One thousand Pounds & they <strong>of</strong>fered to pay it<br />
sooner if convenient for the Trustees.<br />
Mr Ogilvie proposed to lend both sums per £1,500 to the <strong>Dundee</strong> & Arbroath Railway<br />
Co. on a Statutory assignment at the rate <strong>of</strong> four & a half per Cent Interest.<br />
The meeting having considered the proposal agreed thereto & authorised the Factors<br />
to lend the money accordingly as soon as the assignment could be got ready.<br />
<strong>Dundee</strong> 14 October 1845<br />
The Kirk Session met &c. &c.<br />
The Session unanimously nominated and appointed the following Members to be Trustees on<br />
<strong>Pullar</strong>’s <strong>Mortification</strong> on the part <strong>of</strong> the Session and that for one year from this date Viz:<br />
Revd. James Thomson<br />
Do I. J. Adamson<br />
Do John Tulloch<br />
Messers John Bell, Stamp Office<br />
John William Thomson, Writer<br />
Thomas Bell, Merchant<br />
John McKay Junr., Merchant<br />
Peter Thoms, Merchant<br />
John Hodgson Anderson, Merchant<br />
Thomas Smith, Merchant<br />
William Reid, Writer<br />
William Young, Key Street<br />
John Jack, Harbour Master<br />
William Morris, High Street<br />
Henry Smith, Manufacturer<br />
William Thoms, Manufacturer<br />
John Young, High Street<br />
John Symers, Baxter<br />
William Beharrie, Manufacturer<br />
12
Alexr. Keay, Session Clerk<br />
Extracted per<br />
(Signed) Alexr. Keay, J.Clk.<br />
And that he had sent Circulars calling the present meeting to each <strong>of</strong> these Gentlemen, as<br />
well as to the Convener <strong>of</strong> the <strong>Nine</strong> <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong>, the <strong>Nine</strong> Deacons as at present in<br />
Office and the nine former Deacons, all Trustees appointed under the foresaid Deed <strong>of</strong><br />
Settlement for the purpose <strong>of</strong> declaring their Acceptance <strong>of</strong> the Trust, and making<br />
arrangements for its future management. – thereafter the Trust Deed <strong>of</strong> the Intater having<br />
been read to the Meeting the parties present declared their acceptance <strong>of</strong> Office, and before<br />
proceeding farther appointed the following Gentlemen as a Committee viz:<br />
The Revd. Jas. Thomson<br />
The Revd. Dr Adie<br />
Messers J. W. Thomson, Writer<br />
William Reid, Writer<br />
Wm. Morris, Police Treasurer<br />
Jas. Spankie, Deacon <strong>of</strong> the Bonnetmakers<br />
For the purpose <strong>of</strong> examining the <strong>Book</strong>s and Documents <strong>of</strong> the Trust & to report thereon to<br />
another General Meeting.<br />
22 nd October 1845<br />
The Committee having considered the terms <strong>of</strong> the Trust Deed gave it as their opinion that<br />
the designation Deacons <strong>of</strong> the preceding year must be held to apply strictly, and that where<br />
the Deacon if an Incorporation for the present year, had also been Deacon <strong>of</strong> the preceding<br />
year he must be held to represent his incorporation in both Capacities.<br />
Copy Assignation by James Ogilvie, Writer in <strong>Dundee</strong> in favour <strong>of</strong> the Kirk Session <strong>of</strong><br />
<strong>Dundee</strong> and General fund <strong>of</strong> the <strong>Nine</strong> <strong>Trades</strong>, thereto for beho<strong>of</strong> <strong>of</strong> the Trustees on<br />
<strong>Pullar</strong>s <strong>Mortification</strong>s<br />
Of<br />
Bond by William Sime & Others in favour <strong>of</strong> the said Trustees<br />
I, James Ogilvie, Writer in <strong>Dundee</strong> sole surviving original Trustee nominate &<br />
appointed by the deceased James <strong>Pullar</strong> formerly Baker in <strong>Dundee</strong> conform to Trust,<br />
disposition and Deed <strong>of</strong> Settlement executed by the said James <strong>Pullar</strong> with consent <strong>of</strong> Mrs<br />
Elizabeth Crawfurd or <strong>Pullar</strong> his Spouse dated the fifteenth day <strong>of</strong> November Eighteen<br />
hundred and four and recorded in the <strong>Book</strong>s <strong>of</strong> Council and Session the sixteenth day <strong>of</strong><br />
October Eighteen hundred and Eleven. Considering that the said decs. James <strong>Pullar</strong> 1<br />
did by<br />
his said Trust Disposition and Deed <strong>of</strong> Settlement Made and Granted as aforesaid but under<br />
the Conditions , Reservations and Provisions therein inserted give and grant and dispone to<br />
and in favour <strong>of</strong> James Gray, Walter Newall and Andrew Peddie Junior all then Merchants in<br />
<strong>Dundee</strong> now deceased and to me the said James Ogilvie and to the Survivors or Survivor as<br />
Trustees for the uses and purposes therein mentioned and to the assignees or disponees <strong>of</strong><br />
the said Trustees his whole Estate heritable and moveable <strong>of</strong> every description in Trust<br />
always for the uses and purposes and under the conditions and reservations therein<br />
mentioned as the said Trust Disposition & Deed <strong>of</strong> Settlement made and granted by the said<br />
deceased James <strong>Pullar</strong>, it was inter alia declared, that upon the death or non acceptance <strong>of</strong><br />
any <strong>of</strong> the before named Trustees, the whole property thereby conveyed should rest in the<br />
survivor who should be obliged to denude <strong>of</strong> the Trust and account for his intromissions with<br />
the Trust Estate, pay over whatever balance may be then remaining in his hands, and at the<br />
same time redispone the lands vested and recover whatever grounds <strong>of</strong> debt may be then<br />
standing in the person to and in favour <strong>of</strong> the minister <strong>of</strong> the Overgate District in the Parish <strong>of</strong><br />
<strong>Dundee</strong> for the time being and his successors in Office, Twenty members <strong>of</strong> the Kirk Session<br />
<strong>of</strong> <strong>Dundee</strong> elected by that Body, the Convener and Deacons <strong>of</strong> the <strong>Nine</strong> Incorporated <strong>Trades</strong><br />
<strong>of</strong> <strong>Dundee</strong> then in Office and to nine Deacons <strong>of</strong> the preceding year, and their successors in<br />
Office as Trustees & Patrons for the uses ends and purposes and with the several powers<br />
and privileges thereby conferred on the Trustees therein named. Declaring that twenty <strong>of</strong> the<br />
said new Trustees assembled should Constitute a Meeting, and the Majority <strong>of</strong> the Meeting a<br />
1 “A”<br />
13
sufficient Quorum it being thereby Chaired declared that the Clerk to the <strong>Nine</strong> Incorporated<br />
<strong>Trades</strong> should be their Clerk, keep regular accounts and make the same patent to the<br />
Inspection <strong>of</strong> any <strong>of</strong> the Managers.<br />
And farther Declaring that before the denuding <strong>of</strong> the Trust thereby Conveyed the<br />
surviving original Trustee should be Entitled to relief <strong>of</strong> all the engagements he may have<br />
come under in the management <strong>of</strong> the said Trust.<br />
And seeing that in consequence <strong>of</strong> the death <strong>of</strong> the said Walter Newall on the<br />
Seventeenth day <strong>of</strong> August last, the other two Trustees having formerly predeceased him the<br />
foresaid Trust Estate has now become vested solely in my person in terms <strong>of</strong> the said Trust<br />
Disposition and Deed <strong>of</strong> Settlement aforesaid and that it has become necessary to denude<br />
myself <strong>of</strong> the said Trust in terms there<strong>of</strong> to and in favour <strong>of</strong> the following persons videlict The<br />
Revd. Charles Adie, Doctor <strong>of</strong> Divinity, Minister <strong>of</strong> the Overgate District <strong>of</strong> <strong>Dundee</strong>, the Revd.<br />
James Thomson, the Revd. John Lindsay Adamson, the Revd. John Tulloch, three <strong>of</strong> the<br />
Ministers <strong>of</strong> <strong>Dundee</strong>, John Bell <strong>of</strong> the Stamp Office <strong>Dundee</strong>, John William Thomson, Writer<br />
there, Thomas Bell, Merchant there, John McKay junior, Merchant there, Peter Thomas,<br />
Merchant there John Hodgson Anderson, Corn Merchant there, Thomas Smith, Merchant<br />
there, William Reid, Writer there, William Young, Ship Owner there, John Jack, Harbour<br />
Master there, William Morris Treasurer <strong>of</strong> Police there, Henry Smith, manufacturer there,<br />
William Thoms, late Dean <strong>of</strong> Guild <strong>Dundee</strong>, John Symers, Banker there, William Beharrie<br />
Manufacturer there, Alexander Keay Session Clerk there, George Marshall Steele Merchant<br />
there, being twenty members <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong> selected by the said Session in<br />
terms <strong>of</strong> the said Trust Disposition and Deed <strong>of</strong> Settlement upon the fourteenth and twenty<br />
eighth days <strong>of</strong> October Eighteen hundred and forty six Conform to <strong>Minute</strong>s <strong>of</strong> Meeting <strong>of</strong> said<br />
Kirk Session <strong>of</strong> these dates and <strong>of</strong> John Mitchell Flax Spinner in <strong>Dundee</strong>, present Convener<br />
<strong>of</strong> the <strong>Nine</strong> Incorporated <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> and the following present Deacons <strong>of</strong> the said<br />
<strong>Nine</strong> Incorporated <strong>Trades</strong> videlict David Munro Baker in <strong>Dundee</strong> <strong>of</strong> the Baker Trade, John<br />
Fenton Shoemaker in <strong>Dundee</strong> <strong>of</strong> the Cordiner Trade, Peter Stewart Balharrie, Laird, James<br />
Park <strong>Dundee</strong> <strong>of</strong> the Glover Trade, John Young, Tailor in <strong>Dundee</strong> <strong>of</strong> the Tailor Trade, James<br />
Spankie, Manufacturer in <strong>Dundee</strong> <strong>of</strong> the Bonnetmaker Trade, Thomas Dick, Flesher in<br />
<strong>Dundee</strong> <strong>of</strong> the Flesher Trade, George Hall Nicoll, Ironmonger in <strong>Dundee</strong> <strong>of</strong> the Hammerman<br />
Trade, William Gibson, Manufacturer <strong>Dundee</strong> <strong>of</strong> the Weaver Trade, and John Stevenson Dyer<br />
<strong>Dundee</strong> <strong>of</strong> the Waulker Trade and also <strong>of</strong> the following Deacons <strong>of</strong> the said <strong>Trades</strong> for the<br />
preceding year, videlict, the said David Munro <strong>of</strong> the Baker Trade, the said John Fenton <strong>of</strong> the<br />
Cordiner Trade, the said Peter Stewart <strong>of</strong> the Glover Trade, the said John Young <strong>of</strong> the Tailor<br />
Trade, John Lamb, Manufacturer in <strong>Dundee</strong> <strong>of</strong> the Bonnetmaker Trade, the said Thomas Dick<br />
<strong>of</strong> the Flesher Trade, John Justice, Blacksmith in <strong>Dundee</strong> <strong>of</strong> the Hammerman Trade , the said<br />
William Gibson <strong>of</strong> the Weaver Trade and Robert Chapman, Dyer in <strong>Dundee</strong> <strong>of</strong> the Waulker<br />
Trade<br />
Whereas the said parties before named as trustees and patrons <strong>of</strong> the funds Mortified<br />
by the said James <strong>Pullar</strong> or at least in quorum <strong>of</strong> them have upon the Twenty sixth day <strong>of</strong><br />
November Eighteen hundred and forty six Granted and Discharge in my favour and in favour<br />
<strong>of</strong> the said other Trustees under the said <strong>Mortification</strong> or our actings and Intromission with the<br />
funds <strong>of</strong> the said Estate under the said Trust Disposition and Deed <strong>of</strong> Settlement: And<br />
Whereas the before mentioned new Trustees or Patrons consist <strong>of</strong> a number <strong>of</strong> persons who<br />
may be selected for that Office Annually and were present to take the feudal title to the Bond<br />
and Disposition under Revision <strong>of</strong> Termination in their name and have been requested<br />
therefore to assign & depone the same in the names <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong>, and <strong>of</strong><br />
the General fund <strong>of</strong> the said <strong>Nine</strong> Incorporated <strong>Trades</strong> respectively for beho<strong>of</strong> <strong>of</strong> the before<br />
mentioned Trustees and Patrons and their successors if Office And for the purpose <strong>of</strong> the<br />
said Trust.<br />
2 “B”<br />
Therefore 2<br />
, I do hereby assign dispone and convey to and in favour <strong>of</strong> the Revd.<br />
Doctor Archibald McLauchlan, Doctor Charles Adie, James Thomson, John Lindsay<br />
Adamson, and John Tulloch, all Ministers and Members <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong>, and to<br />
Alexander Keay, Session Clerk, <strong>Dundee</strong> and William Morris, Kirk Treasurer there, also<br />
members <strong>of</strong> the said Kirk Session for themselves and remanent members <strong>of</strong> the said Kirk<br />
Session and <strong>of</strong> the said John Mitchell present Convener <strong>of</strong> the said <strong>Nine</strong> Incorporated <strong>Trades</strong><br />
and Peter Thomson, Manufacturer in <strong>Dundee</strong> present Boxmaster <strong>of</strong> the said <strong>Nine</strong><br />
Incorporated <strong>Trades</strong> for beho<strong>of</strong> <strong>of</strong> the General Fund there<strong>of</strong> and their successors in Office <strong>of</strong><br />
14
the said several parties respectively and their Assignees and disponees but in Trust as<br />
aftermentioned a Bond and Disposition under Severain dated the twelfth day <strong>of</strong> February<br />
Eighteen hundred and forty six for the sum <strong>of</strong> Fifteen hundred pounds Sterling granted by<br />
William Sime, bookseller in <strong>Dundee</strong>, Alexander Hean and Peter Hean Wrights and Builders<br />
there and Robert Adamson, Merchant there as Trustees for beho<strong>of</strong> <strong>of</strong> themselves and their<br />
respective heirs and successors and also personally to and in favour <strong>of</strong> the said Walter<br />
Stewart and me the only surviving Trustees before mentioned and the survivors <strong>of</strong> him and<br />
me with interest from the term <strong>of</strong> Whitsunday last Eighteen hundred and forty six: And Also All<br />
and Whole the following subjects Videlicet:<br />
First. All and whole Lot tenth lying on the west side <strong>of</strong> Reform Street <strong>of</strong> <strong>Dundee</strong>,<br />
being the Corner lot on the north side <strong>of</strong> the Street leading from Reform Street to the<br />
Westward and called Bank Street as delineated on a plan there<strong>of</strong> subscribed in manner<br />
mentioned in the feu contract in favour <strong>of</strong> the said Trustees. And which Lot tenth is bounded<br />
on the south by Bank Street, - on the North partly by Lot Eleventh, <strong>of</strong> the original ground plan<br />
<strong>of</strong> Reform Street and partly by the property <strong>of</strong> the Town <strong>of</strong> <strong>Dundee</strong>, on the west by the portion<br />
<strong>of</strong> the Lot or stance for building after described and on the east by the line <strong>of</strong> Reform Street,<br />
the length <strong>of</strong> the said lot along that St. from the north line <strong>of</strong> Bank St. to the Centre <strong>of</strong> the<br />
mutual gable, on the north being forty seven feet, six inches.<br />
And second, all and whole, that piece or portion <strong>of</strong> a lot or piece <strong>of</strong> ground or stance<br />
for building being part <strong>of</strong> the subjects which belonged formerly to David Stewart, Builder<br />
<strong>Dundee</strong> afterwards to the town and Community <strong>of</strong> <strong>Dundee</strong> situated immediately to the<br />
westward <strong>of</strong> the said lot both and on the north side <strong>of</strong> Bank Street. Which lot <strong>of</strong> ground<br />
consists <strong>of</strong> the space marked “M” and coloured pink on a plan prepared by William Scott<br />
Architect <strong>Dundee</strong>, and which said piece or portion <strong>of</strong> the said Lot is the east portion there<strong>of</strong> &<br />
lies immediately on the west <strong>of</strong> said Lot tenth <strong>of</strong> Reform Street and extends ten feet west from<br />
the west boundary <strong>of</strong> said Lot tenth – bounded the said portion on the tenth by Bank Street on<br />
the north by the Old Burying Ground Wall on the west by the property belonging to the Town<br />
<strong>of</strong> <strong>Dundee</strong>, and on the east by the said Lot tenth with the houses or building lately erected on<br />
the said subjects first and second above disponed and whole parts privileges & pertinents <strong>of</strong><br />
the same together with all right title and interest which as trustee foresaid have or can claim<br />
thereto but excepting always therefrom the subjects aftermentioned videlicet:<br />
First All and whole the second flat above the shop storey or third flat from the ground<br />
<strong>of</strong> the westmost tenement <strong>of</strong> Land built by the said granters <strong>of</strong> the north side <strong>of</strong> Bank Street<br />
and being immediately above the flats <strong>of</strong> said tenement occupied by Messers Shiell and<br />
Small Writers <strong>Dundee</strong> part <strong>of</strong> the forsaid subjects, which second flat was disponed by the said<br />
Granters to William Hen writer in <strong>Dundee</strong> conform to Disposition by the said grantor in his<br />
favour dated Second Augt Eighteen hundred and forty five with the privileges & under the<br />
declaration therein mentioned, but always under a real & preferable burden <strong>of</strong> a ground<br />
Annual Viz. ten pounds Stg liquidate penalty and termly failure therein inserted payable at the<br />
times and under the penalties therein contd.<br />
Second All and Whole the first flat or storey above the shops <strong>of</strong> that tenement <strong>of</strong> land<br />
built by the said Grantors in part <strong>of</strong> let tenth first above described together with that Small<br />
cellar in the ninth Area <strong>of</strong> the said tenement beneath the Common stair and pertinents thereto<br />
belonging. All as disponed by them to David Miln Banker in <strong>Dundee</strong> and others as Trustees<br />
for the Partners <strong>of</strong> the East <strong>of</strong> Scotland Life Assurance Company conform to Contract entered<br />
into betwixt them on the one part and the said David Miln and others the Ordinary directors <strong>of</strong><br />
the said East <strong>of</strong> Scotland Life Assurance Company and Ebenezer Erskine Scott residing in<br />
<strong>Dundee</strong> as Manager <strong>of</strong> the said Co. on the other part dated the Eighth, tenth, eleventh and<br />
twelfth day <strong>of</strong> July Eighteen hundred and forty five but always with and under the real and<br />
preferable burden <strong>of</strong> a ground Annual or yearly payment <strong>of</strong> ten pounds Stg. int. and penalty at<br />
the term and under the penalties therein contained.<br />
Third All and Whole the first and second flats from the ground and the north half <strong>of</strong><br />
the Cellar under the first flat <strong>of</strong> the westmost tenement <strong>of</strong> land built by the said Trustees on<br />
the north side <strong>of</strong> Bank Street before described which had been sold but not then disponed by<br />
them to John Shiell & David Small both Writers in <strong>Dundee</strong> for themselves and as Trustees for<br />
the Company <strong>of</strong> Shiell & Small W riters <strong>Dundee</strong> with the same privileges and under the same<br />
restrictions as are applicable to the subjects disponed by them to William Hen Writer <strong>Dundee</strong>,<br />
but always with and under the real and preferable burden <strong>of</strong> a ground Annual or yearly<br />
payment <strong>of</strong> twenty pounds sterling payable half yearly at the terms <strong>of</strong> Whitsunday and<br />
Martinmas by equal portions with a fifth part more <strong>of</strong> liquidate penalty for each time failure and<br />
15
the legal interest <strong>of</strong> the said ground Annual from and after the respective terms <strong>of</strong> payment <strong>of</strong><br />
the same during the non payment.<br />
And further I do hereby as only Surviving Trustee foresaid Alienate and dispone to my<br />
said disponees and their foresaids in trust as aforesaid heritably but with and under the<br />
Conditions aftermentioned the foresaid several Ground Annuals <strong>of</strong> ten pounds payable by the<br />
said William Hen out <strong>of</strong> the subjects deponed to him as aforesaid, the like sum <strong>of</strong> ten pounds<br />
payable by the Directors <strong>of</strong> the said East <strong>of</strong> Scotland Life Assurance Company out <strong>of</strong> the<br />
subjects disponed to the trustees for the said Company as aforesaid. And the sum <strong>of</strong> twenty<br />
pounds which was to be made payable out <strong>of</strong> the said subjects sold to the said John Shiell<br />
and David Small as trustees foresaid with the Dispos. <strong>of</strong> the said subjects or Contracts<br />
relating thereto in so far as regards the said ground Annuals hereby disponed.<br />
The Declaring that the foresaid Subjects are hereby disponed with and under the<br />
conditions, provisions and declarations contained in a Contract and Disposition entered into<br />
between the Magistrates and Town Council <strong>of</strong> <strong>Dundee</strong>, with consent <strong>of</strong> the trustees therein<br />
mentioned proprietors <strong>of</strong> the foresaid pieces <strong>of</strong> Ground on the one part and the Granters <strong>of</strong><br />
the said Bond on the Other Part <strong>of</strong> dates thirty first May, and Eleventh, fourteenth and<br />
Seventeenth days <strong>of</strong> June, Eighteen hundred and forty five And recorded in the Burgh Court<br />
<strong>Book</strong>s <strong>of</strong> <strong>Dundee</strong>, on the 26 day <strong>of</strong> July in year last mentioned upon which the Granters <strong>of</strong> the<br />
said Bond were duly infeft conform to Instrument <strong>of</strong> Sasine in their favour dated the Eighth<br />
recorded in the Register <strong>of</strong> Sasines in the Burgh <strong>of</strong> <strong>Dundee</strong> the sixteenth day <strong>of</strong> July Eighteen<br />
hundred and forty five And special reference is here made to the said Contract and<br />
Disposition <strong>of</strong> the said Infeftment thereon <strong>of</strong> the dates and recorded aforesaid, as containing<br />
the said Conditions provisions & Declaration which are declared to subsist and be obligatory<br />
upon the heirs singular successors and assignees <strong>of</strong> the said Granters and all others<br />
concerned particularly declaring that the said Contract was granted always under the real<br />
preferable burden <strong>of</strong> forty pounds Stg. <strong>of</strong> Ground Annual, or yearly payment out <strong>of</strong> said Lot<br />
both house therein and privileges and pertinants there<strong>of</strong>, And <strong>of</strong> four pounds Stg. <strong>of</strong> ground<br />
Annual or yearly payment our <strong>of</strong> the said portion or Lot, in Bank Street houses therein and<br />
privileges and pertinants there<strong>of</strong> together with Interest and penalty as therein And<br />
aftermentioned which the said Granters <strong>of</strong> the said Bond by the said Contract bound<br />
themselves to pay in manner therein and herein after mentd. to the therein named and<br />
disponed trustees acting under a Disposition in Security granted by the Magistrates and Town<br />
Council <strong>of</strong> <strong>Dundee</strong> for beho<strong>of</strong> <strong>of</strong> the Creditors <strong>of</strong> said Burgh & to the survivors and survivor <strong>of</strong><br />
them and to each person or persons as might be assumed into the said Trust or their factor or<br />
assignees and these in their names having right to receive the same <strong>of</strong> the foresaid sum <strong>of</strong><br />
Forty pounds and five pounds Stg. in name <strong>of</strong> Ground Annuals or yearly payments for said<br />
several subjects and that at the terms <strong>of</strong> Whity and Martinmas in such year by equal<br />
Instalments in all time coming with a fifth part more <strong>of</strong> such terms payment <strong>of</strong> such Ground<br />
Annuals <strong>of</strong> liquidate penalty for each term failure in the punctual payment there<strong>of</strong> and the<br />
legal interest <strong>of</strong> the said ground Annual from and after the term <strong>of</strong> payment there<strong>of</strong> during the<br />
non-payment <strong>of</strong> the same & Declaring that if at any time two full years ground Annual <strong>of</strong> said<br />
subjects shall be fully resting and unpaid then the said Contracts and Infeftment therein<br />
should in the option <strong>of</strong> the said Magistrates and Town council and their foresaids become void<br />
shall in like manner as if the said contract had never entered into without the necessity <strong>of</strong> any<br />
Declarator or process <strong>of</strong> Law to that effect, And the said Magistrates and Town Council and<br />
their presents as said Trustees should instantly be at liberty to remove the granters <strong>of</strong> the said<br />
Bond and their foresaids from the subjects the ground Annuals <strong>of</strong> which shall have so fallen in<br />
arrears and it should not be competent to place the initiancy at the Bar in any Process <strong>of</strong><br />
Removing which the said Magistrates and Council and foresaids might bring agt. them and<br />
their foresaids but notwithstanding the said irritancy it should be lawful to the said Magistrates<br />
and Council and their foresaids or said trustees in case <strong>of</strong> not punctual payment <strong>of</strong> such<br />
Ground Annuals at the stipulated terms <strong>of</strong> payment there<strong>of</strong> to remain effectual their hypothe<br />
there<strong>of</strong> as accords <strong>of</strong> Law and to found and distrain as much <strong>of</strong> the residues <strong>of</strong> goods and<br />
effects for the time being on said subjects for payment <strong>of</strong> said Ground Annuals as they should<br />
fail. And all bygones there<strong>of</strong> and <strong>of</strong> the Annual rent & penalty incurred their failure as<br />
aforesaid to otherwise to pursue therefor according to Law; which respective Annual<br />
payments or Ground Annuals <strong>of</strong> forty pounds and five pounds payable out <strong>of</strong> the said several<br />
Subjects interest there<strong>of</strong> and liquidate penalty And the Declaration relative thereto therein and<br />
herein above invested thereby expressly declared to form real and preferable burdens on and<br />
affecting the said subjects houses built therein and privileges pertinants thereby disponed:<br />
16
And which ground Annuals interest and penalties and said declaration relative thereto are<br />
accordingly appointed to be specially ingrossed therein and in all the future Infeftments and<br />
investitures <strong>of</strong> said subjects & privileges and pertinants there<strong>of</strong> or any part there<strong>of</strong> under the<br />
pain <strong>of</strong> nullity ipso facto all as specified and described in the said Bonds And Dispn. under<br />
Reversion and Instrument <strong>of</strong> Sasine therein dated the twelfth day <strong>of</strong> February Eighteen<br />
hundred and forty six and recorded in the Regt. <strong>of</strong> Sasines &c for the Burgh <strong>of</strong> <strong>Dundee</strong>, the<br />
seventeenth day <strong>of</strong> the said Month and year Declaring always as it is hereby provided and<br />
declared that notwithstanding <strong>of</strong> the assignation aforesaid to and in favour if the said Kirk<br />
Session <strong>of</strong> <strong>Dundee</strong> and <strong>of</strong> the said Convener and Boxmaster <strong>of</strong> the said <strong>Nine</strong> Incorporated<br />
<strong>Trades</strong> in name <strong>of</strong> the General fund there<strong>of</strong> <strong>of</strong> the foresaid Bond and Dispn. under reversion<br />
that the same is not on that acct. to be held by these bodies for their own use respectively but<br />
for the use and beho<strong>of</strong> <strong>of</strong> the before mentioned new Trustees and Patrons now Empowered<br />
to Act under the said deceased James <strong>Pullar</strong>’s Trust Dispn. and Deed <strong>of</strong> Settlement aforesaid<br />
and their successors in Office and shall be under the entire management and administration<br />
<strong>of</strong> them as Trustees and Patrons foresaid and their successors and the same contained in the<br />
said Deed and Disposition under reversion together with the other funds <strong>of</strong> the said Trust<br />
shall be administered and applied by the said new bodies, and Patrons and their foresaids in<br />
terms <strong>of</strong> the said James <strong>Pullar</strong>’s Trust and Settlement for the uses and purposes following,<br />
that is to say, for payment <strong>of</strong> the following Annuities Vizt:<br />
To the <strong>Dundee</strong> Infirmary ten pounds Stg. to the Poor <strong>of</strong> the <strong>Nine</strong> <strong>Trades</strong> in <strong>Dundee</strong><br />
Five pounds Stg. to the Kirk Session <strong>Dundee</strong> for beho<strong>of</strong> <strong>of</strong> the Poor there <strong>of</strong> five pounds Stg.<br />
which last Annuity shall be give at the door <strong>of</strong> the Old Church on the first Sunday <strong>of</strong> each year<br />
by the deacon <strong>of</strong> the Baker Trade in <strong>Dundee</strong> and after answer by these Annuities the one half<br />
<strong>of</strong> the yearly surplus shall be applied in towards maintaining and Educating ten poor boys who<br />
must not be admitted under six years <strong>of</strong> age nor continue longer in the fund than six years<br />
and the other half <strong>of</strong> the Interest to be distributed among ten poor old men and women not<br />
below sixty years if age - such boys and Paupers <strong>of</strong> the name <strong>of</strong> <strong>Pullar</strong> and particularly those<br />
who can have their pedigree from John <strong>Pullar</strong>, farmer in the Miln <strong>of</strong> Haughmuir, father <strong>of</strong> the<br />
said trustee to be preferred All and Declaring further that the said Kirk Session and the said<br />
Convener and Boxmaster <strong>of</strong> the General fund <strong>of</strong> the <strong>Nine</strong> <strong>Trades</strong> for beho<strong>of</strong> there<strong>of</strong> my<br />
assignees as aforesaid shall be Council and obliged as by acceptation here<strong>of</strong> they bind and<br />
oblige themselves and their successors if Office to Divide and Divest themselves <strong>of</strong> the<br />
foresaid Bond and thereafter under reservation before applied when reqd to do so by the said<br />
new Trustees & Patrons before mentioned and their successors in Office And to Grant<br />
assignations there<strong>of</strong> in favour <strong>of</strong> such party or parties as they may nominate for that purpose<br />
or to grant discharges there<strong>of</strong> they being always freed <strong>of</strong> any defence <strong>of</strong> any such assignation<br />
or discharge.<br />
In Witness where<strong>of</strong> I have subscribed these presents written upon this & the nine<br />
preceding pages on stamped paper together with the marginal note on page 4 th .<br />
William Black, Clerk to Thomas Lovell Hammond Writer in <strong>Dundee</strong> at <strong>Dundee</strong> the 15 th<br />
day <strong>of</strong> Decr in the year 1846 before these Witnesses<br />
George Robertson Wilson & Alex Robertson, both Appces to James and John Ogilvie<br />
Writers in <strong>Dundee</strong><br />
(Signed) Jas. Ogilvie<br />
G. R. Wilson Witness<br />
Alexr. Robertson Witness<br />
Copy a ssignation by James Ogilvie Writer <strong>Dundee</strong> In favour <strong>of</strong> the Kirk Session<br />
<strong>of</strong> <strong>Dundee</strong> and General fund <strong>of</strong> the nine trades there for beho<strong>of</strong> <strong>of</strong> the Trustees on<br />
<strong>Pullar</strong>s <strong>Mortification</strong><br />
<strong>of</strong><br />
Bond by John Peter Esqr in favour <strong>of</strong> the said Trustees.<br />
James Ogilvie Writer in <strong>Dundee</strong> sole surviving original Trustee nominated and<br />
Appointed by the deceased James <strong>Pullar</strong> former Baker in <strong>Dundee</strong> conform to Trust<br />
Disposition and Deed <strong>of</strong> Settlement executed by the said James <strong>Pullar</strong> with consent <strong>of</strong> Mrs<br />
Elizabeth Crawfurd or <strong>Pullar</strong> his Spouse dated the fifteenth day <strong>of</strong> November Eighteen<br />
hundred and four and recorded in the <strong>Book</strong>s <strong>of</strong> Council and Session the sixteenth day <strong>of</strong><br />
October Eighteen hundred and eleven. Considering (here the same narrative was inserted as<br />
in the preceding Copy Assignations from “A” to “B”)<br />
17
Therefore I do hereby Assign dispone and convey to and in favour <strong>of</strong> the Revd.<br />
Doctor Archibald McLaughlin, Doctor Charles Adie, James Thomson, John Lindsay Adamson<br />
and John Tulloch all Ministers and Members <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong> and to Alexander<br />
Keay Session Clerk <strong>Dundee</strong> and William Morris Kirk Treasurer there also Members <strong>of</strong> the<br />
said Kirk Session for themselves and remnant members <strong>of</strong> the said Kirk Session and <strong>of</strong> John<br />
Mitchell present Convener <strong>of</strong> the said <strong>Nine</strong> Incorporated <strong>Trades</strong> and Peter Thomson<br />
Manufacturer in <strong>Dundee</strong> present Boxmaster <strong>of</strong> the said nine incorporated <strong>Trades</strong> for beho<strong>of</strong><br />
<strong>of</strong> the General fund there<strong>of</strong> and the successors in Office <strong>of</strong> the said several parties<br />
respectively and their Assignees and disponees but in Trust as after mentioned; A Bond and<br />
Disposition under Reversion dated the twenty fifth day <strong>of</strong> November Eighteen hundred and<br />
thirty one for the sum <strong>of</strong> Six hundred pounds sterling granted by John Peter residing at<br />
Keithock in favour <strong>of</strong> the said Walter Newall, Andrew Peddie and myself the then surviving<br />
Trustees aforesaid and the survivors or survivor <strong>of</strong> them and me with interest from the term <strong>of</strong><br />
Whitsunday last Eighteen hundred and forty six, the said Bond and Disposition under<br />
Revision containing as collateral obligations by John Ramsay., Merchant in <strong>Dundee</strong> for<br />
payment <strong>of</strong> the Interest on the said Bond. Together also with the sum <strong>of</strong> thirty pounds<br />
deposited by the said John Peter with James and John Ogilvie Writers in <strong>Dundee</strong> as Agents<br />
for the said James <strong>Pullar</strong>’s Trustees upon the twenty eighth day <strong>of</strong> October eighteen hundred<br />
and forty three in security <strong>of</strong> the said Bond which sum <strong>of</strong> Thirty pounds was lodged by the<br />
said James and John Ogilvie in their name as Agents foresaid in the Bank <strong>of</strong> Scotland’s<br />
Branch at <strong>Dundee</strong> <strong>of</strong> the date last mentioned together with the whole Interest accrued<br />
thereon.<br />
And also All and Whole the following subjects after described Vizt:<br />
Primo all and Whole that flat now or formerly occupied by James Goodlett being the<br />
first above the shops or second from the ground on the southern half or division <strong>of</strong> that<br />
tenement <strong>of</strong> land lying on the Westside <strong>of</strong> Peter Street <strong>of</strong> <strong>Dundee</strong> (sometime ago built by the<br />
now deceased John Peter <strong>of</strong> <strong>Dundee</strong>) sometime ago built by the now deceased John Peter<br />
late Builder in <strong>Dundee</strong> with the cellar under the staircase <strong>of</strong> said Tenement being part <strong>of</strong> that<br />
property purchased by the said deceased John Peter from Patrick Alexander, and Thomas<br />
Williamson’s and bounded the said southern half or division <strong>of</strong> said Tenement on the north by<br />
the northern half or division <strong>of</strong> the said Tenement, on the west by the property disponed by<br />
the said John Peter to the <strong>Dundee</strong> Union Bank on the south by the property belonging to<br />
James Scott Jr or <strong>of</strong> the Trustees for his Creditors, and on the east by the said Street called<br />
Peter Street.<br />
Secundo All and Whole the tenement <strong>of</strong> lands lying on the northside <strong>of</strong> the<br />
Murraygate <strong>of</strong> <strong>Dundee</strong> and bounded by the common close or passage now called <strong>Pullar</strong>s<br />
Close leading from the Murraygate <strong>of</strong> <strong>Dundee</strong> to the Meadows on the West by a to<strong>of</strong>all<br />
belonging to James <strong>Pullar</strong> Baker on the north by the subjects belonging to the said James<br />
<strong>Pullar</strong> and others – on the East and by a tenement <strong>of</strong> land formerly belonging to Alexander<br />
Smith Clockmaker in <strong>Dundee</strong> and fronting the Murraygate on the southparts.<br />
Tertio. All and Whole that tenement <strong>of</strong> land consisting <strong>of</strong> three stories lying at the<br />
north end <strong>of</strong> that street leading from the Turnpike road to the Infirmary commonly called the<br />
Infirmary entry which tenememt <strong>of</strong> land is bounded by the ground belonging to the said<br />
Infirmary, On the north by a common close on the east by a tenement <strong>of</strong> land still belonging to<br />
James Peter residing at Kirkland on the south and by the said street called Infirmary entry on<br />
the west parts.<br />
As also All And Whole that small tenement <strong>of</strong> land or to<strong>of</strong>all consisting <strong>of</strong> two stories<br />
with the exception <strong>of</strong> the northern half <strong>of</strong> the ground storey there<strong>of</strong> which has been disponed<br />
to Widow Ferguson, which small tenement <strong>of</strong> land lies on the east side <strong>of</strong> the common close<br />
which forms the eastern boundary <strong>of</strong> the tenement <strong>of</strong> lands immediately above disponed and<br />
is bounded by the said common close on the west partly by the ground belonging to the<br />
Infirmary and partly by the garden belonging to on the north by the said garden on the east<br />
and by the small tenememt <strong>of</strong> land still belonging to the said James Peters on the south parts<br />
which two tenements <strong>of</strong> land last above disponed were erected by the said decd John Peters<br />
upon part <strong>of</strong> the subjects purchased by him from George & Lynes Fyfe which subjects<br />
formerly belonged to the said deceased John Peter thereafter to the said James Peters as<br />
heir cognosed and infeft therein to him and were disponed by the said James Peter to the<br />
said John Peter the granter <strong>of</strong> the said Bond, together with the free ish and entry to the whole<br />
subjects thereby disponed with the whole privileges and pertinants <strong>of</strong> the said subjects and all<br />
right title and interest which I as Trustee foresaid had have or can claim or pretend to the said<br />
18
several subjects or any part there<strong>of</strong>, all as specified and described in the said Bond and<br />
disposition under reversion and Instrument <strong>of</strong> Sasine thereon dated the twenty ninth and<br />
Registered in the Register <strong>of</strong> Sasines &c kept for the Burgh <strong>of</strong> <strong>Dundee</strong> the thirtieth day <strong>of</strong><br />
November Eighteen hundred and thirty one<br />
Declaring (Here the same Declaration <strong>of</strong> Trust was inserted as in the preceding copy<br />
Assignation from “A to “B”)<br />
In Witness Where<strong>of</strong> I have subscribed these presents written upon this and the five<br />
preceding pages <strong>of</strong> Stamped paper by William Black Clerk to Thos. Lovell Hammond Writer in<br />
<strong>Dundee</strong>.<br />
At <strong>Dundee</strong> the 13 th day <strong>of</strong> Decr in the year 1846 before these Witnesses George<br />
Robertson Wilson and Alexander Robertson both Apprentices to James and John Ogivlie<br />
Writers <strong>Dundee</strong>.<br />
(Signed) Jas. Ogilvie<br />
G. Wilson Wtiness<br />
Alexr. Robertson, Witness.<br />
Copy Assignation by James Ogilvie Writer <strong>Dundee</strong> In favour <strong>of</strong> the Kirk Session <strong>of</strong><br />
<strong>Dundee</strong> and General fund <strong>of</strong> the nine <strong>Trades</strong> there for beho<strong>of</strong> <strong>of</strong> the Trustees on<br />
<strong>Pullar</strong>s <strong>Mortification</strong><br />
<strong>of</strong><br />
A Bond by Alexander McDonald in favour <strong>of</strong> the said Trustees.<br />
I James Ogilvie W riter in <strong>Dundee</strong> sole surviving original Trustee nominated and<br />
Appointed by the deceased James <strong>Pullar</strong> formerly Baker in <strong>Dundee</strong> conform to Trust<br />
disposition and Deed f Settlement executed by the said James <strong>Pullar</strong> with consent <strong>of</strong> Mrs<br />
Elizabeth Crawfurd or <strong>Pullar</strong> his spouse dated the 13 th day <strong>of</strong> November 1804 and recorded in<br />
the <strong>Book</strong>s <strong>of</strong> the Council &Session the 16 th day <strong>of</strong> October <strong>1811</strong><br />
Considering (here the same narrative was inserted in the preceding Copt Assignation<br />
<strong>of</strong> Bond by William Sime and others from “A” to “B”)<br />
Therefore I <strong>of</strong> hereby Assign Dispone and convey to and in favour <strong>of</strong> the Revd.<br />
Doctor Archibald MacLauchlan, Doctor Charles Adie, James Thomson, John Lindsay<br />
Adamson and John Tulloch all ministers and members <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong> And to<br />
Alexander Keay Session clerk <strong>Dundee</strong> and William Morris Kirk Treasurer there also members<br />
<strong>of</strong> the said Kirk Session for themselves and remnant members <strong>of</strong> the said Kirk session and <strong>of</strong><br />
the said John Mitchell present convener <strong>of</strong> the said nine incorporated trades and Peter<br />
Thomson Manufacturer in <strong>Dundee</strong> present Boxmaster <strong>of</strong> the said nine incorporated trades for<br />
beho<strong>of</strong> <strong>of</strong> the General fund there<strong>of</strong> and their successors in <strong>of</strong>fice <strong>of</strong> the said several parties<br />
respectively and their Assignees and disponees nut in trust as after mentioned a Bond or<br />
Disposition under Reversion dated the 22 nd day <strong>of</strong> November 1830 for the sum <strong>of</strong> six hundred<br />
pounds granted by Alexander McDonald Printer in <strong>Dundee</strong> in favour <strong>of</strong> me and Walter Newalll<br />
and Andrew Peddie before designed the then surviving Trustees aforesaid and the survivors<br />
or survivor <strong>of</strong> them and me with interest from the term <strong>of</strong> Whitsunday last 1846 Together also<br />
with the sum <strong>of</strong> Twenty pounds seven shillings and two pence being expenses incurred on<br />
the said Bond and also All and Whole the subjects following vizt.<br />
Primo all and Whole that piece <strong>of</strong> ground with the tenement <strong>of</strong> land lately built by the<br />
deceased James Bennet Wright in <strong>Dundee</strong> upon part there<strong>of</strong> upon which there was formerly<br />
a dwelling house and afterwards a Warehouse and Wright Shop lying on the northside <strong>of</strong> the<br />
Seagate <strong>of</strong> <strong>Dundee</strong> and was disponed to the said James Bennet by Roderick Ormond<br />
Merchant in <strong>Dundee</strong> and bounded by the Malthouse and other subjects belonging to the heirs<br />
and successors <strong>of</strong> the said Roderick Ormond on the north by the mutual gavel wall which<br />
divides the said piece <strong>of</strong> ground from the tenement belonging to Francis Drummond on the<br />
east, By the subjects disponed by the said Roderick Ormond to John Peter in the west and by<br />
the Seagate on the south parts with free ish and entry to the said subjects as at present.<br />
Together with all title and interest which his Trustees foresaid had have or can<br />
pretend to the said subjects.<br />
Secundo all and Whole that piece <strong>of</strong> ground consisting <strong>of</strong> nineteen falls and 11 ells<br />
Scots measure Measure or 24 Polls and 10 yards Imperial Measure or thereby being lot<br />
number 13 on a Plan by David Neave Architect in <strong>Dundee</strong> <strong>of</strong> these portions <strong>of</strong> the lands <strong>of</strong><br />
Logie acquired by Robert Milne Writer in <strong>Dundee</strong> from Mrs Elizabeth Read <strong>of</strong> Anderson now<br />
called Milnbank bounded as follows Viz:<br />
19
By lot number 12 <strong>of</strong> said grounds feued to Aikman Miller on the east, by lot number<br />
14 feued to Charles Henderson on the west, by the lands <strong>of</strong> Blackness from which the same<br />
are separated by a small rivulet on the south and by a road or street <strong>of</strong> 30 feet in breadth on<br />
the north parts.<br />
Declaring that one half <strong>of</strong> the breadth <strong>of</strong> the said road so far as it bounds the said<br />
piece <strong>of</strong> grounds is included in the measurement there<strong>of</strong>.<br />
Together with these and privilege <strong>of</strong> the wells erected by the said Tobert Miln near to<br />
the centre <strong>of</strong> the foresaid lands and free access thereto.<br />
Together also with the teinds and other pertinents <strong>of</strong> said piece <strong>of</strong> ground all lying<br />
within the Lordship <strong>of</strong> Scone formerly in the United parishes <strong>of</strong> Liff Logie and Invergowrie now<br />
in the Parish <strong>of</strong> <strong>Dundee</strong> and shire <strong>of</strong> Forfar.<br />
But always with and under the declarations contained in and referred to in the Feu<br />
Disposition <strong>of</strong> the said subjects last above disponed granted by the said Robert Miln I favour<br />
<strong>of</strong> the said Alexander McDonald date the 17 th day <strong>of</strong> July 1830.<br />
All as specified ad describes in the said Bond and Disposition under reversion and<br />
Instrument <strong>of</strong> Sasine thereon n o far as regards the Burgage property first above described<br />
date the 24 th day <strong>of</strong> November 1830 and Registered in the Register <strong>of</strong> Sasines &c kept for the<br />
Burgh <strong>of</strong> <strong>Dundee</strong> the same day and also Instrument <strong>of</strong> Sasine thereon in so far as regards the<br />
landivard property second above described dated the said 24 th day <strong>of</strong> November 1830. and<br />
Registered in the particular Register <strong>of</strong> Sasines &c kept at <strong>Dundee</strong> <strong>of</strong> Forfarshire the same<br />
day together with a letter <strong>of</strong> obligation in our favour as Trustees foresaid made and granted by<br />
James Sydgate Blacksmith in <strong>Dundee</strong> & George Robertson Plasterer there Trustees for the<br />
Creditors for the said Alexander McDonald dated the 7 th day <strong>of</strong> March 1837 for payment <strong>of</strong> eh<br />
interest on the said Bond and Disposition under reversion.<br />
In Witness here<strong>of</strong> I have subscribed these presents written upon this and the five<br />
preceding pages <strong>of</strong> Stamped paper together with the marginal additions on pages first and<br />
sixth by William Black clerk to Thomas Lovell Hammond Writer in <strong>Dundee</strong>.<br />
At <strong>Dundee</strong> the 15 th day <strong>of</strong> Decr in the year 1846 before these Witnesses George<br />
Robertson Wilson and Alexander Robertson both apprentices to James and John Ogilvie<br />
Writers in <strong>Dundee</strong><br />
(Signed) Jas. Ogilvie<br />
R.R. Wilson witness<br />
Alexr Robertson Witness.<br />
Copy Discharge by the new Trustee s <strong>of</strong> <strong>Pullar</strong>’s <strong>Mortification</strong> in favour <strong>of</strong> the<br />
Original Trustee s<br />
Of the three preceding Assignations<br />
Whereas by Trust disposition and Settlement dated the 15 th day <strong>of</strong> December 1804<br />
and codicil thereto annexed dated the 28 th day <strong>of</strong> April 1810 and Recorded in the <strong>Book</strong>s <strong>of</strong><br />
Council and Session the 16 October <strong>1811</strong>, made and granted by James <strong>Pullar</strong> late Baker in<br />
<strong>Dundee</strong> with consent <strong>of</strong> Mrs Elizabeth Crawford otherwise <strong>Pullar</strong> the said James <strong>Pullar</strong> with<br />
consent foresaid and the said Mrs Elizabeth Crawford or <strong>Pullar</strong> for herself and they both with<br />
mutual advice and consent did under the conditions reservations and provisions therein after<br />
inserted.<br />
Give Grant and Dispone in favour <strong>of</strong> James Gray, Walter Newall and Andrew Peddie<br />
all then Merchants in <strong>Dundee</strong> and James Ogilvie Writer there and to the survivors or survivor<br />
<strong>of</strong> them the major part alive and accepting at the time being always a quorum as Trustees for<br />
the uses and purposes therein aftermentioned and to the assignees or disponees <strong>of</strong> the said<br />
Trustees All and Sundry lands and heritages (save and excepting the subjects disponed by<br />
the said James <strong>Pullar</strong> to the said Elizabeth Crawford in liferent and John <strong>Pullar</strong> Baker in<br />
<strong>Dundee</strong> in fee by Disposition <strong>of</strong> date 16 th January 1800) and all debts and sums <strong>of</strong> money<br />
heritable and moveable due by Heritable Bonds Adjudications, Personal Bonds, Bills or other<br />
vouchers <strong>of</strong> debt and all sundry personal and moveable effects <strong>of</strong> every kind and<br />
denomination belonging to the said James <strong>Pullar</strong> or which shall belong to him at the time <strong>of</strong><br />
his death dispensing with the generality there<strong>of</strong> and declaring the same to be as valid and<br />
effectual as if his said whole estate Heritable and Moveable real and personal were therein<br />
particularly described and which whole subjects heritable and moveable thereby disponed<br />
were conveyed in Trust always for the uses and purposes and under the conditions and<br />
reservations therein after mentioned vizt:<br />
20
That the said Trustees should upon the death <strong>of</strong> the said James <strong>Pullar</strong> recover the<br />
several debts and sums <strong>of</strong> money due to him to be by them employed in manner following.<br />
That is to say in the first place the said Trustees should satisfy and pay all the just<br />
and lawful debts that should be resting and owing by the said James <strong>Pullar</strong> at the time <strong>of</strong> his<br />
death and in the next place they should lend out the neat Balance <strong>of</strong> the said debts due to<br />
him when recovered in good security heritable or personal and should pay over to the said<br />
Elizabeth Crawford during her life in case she should survive him the whole interest arising<br />
therefrom with the whole dividends and pr<strong>of</strong>its arising from his other personal subjects and<br />
the whole rents <strong>of</strong> his heritable property and at the first term <strong>of</strong> Whitsunday or Martinmas after<br />
the death <strong>of</strong> both her and him the said Trustees should make payment to any person or<br />
persons whom the said Elizabeth Crawford might point out by a writing under her hand the<br />
sum <strong>of</strong> One Thousand pounds Sterling with Two Hundred pounds Sterling <strong>of</strong> liquidate penalty<br />
in case <strong>of</strong> failure and the legal interest <strong>of</strong> the said principal sum from the said term <strong>of</strong> payment<br />
yearly and termly thereafter during the non payment <strong>of</strong> the same. Declaring that in so far as<br />
the said Sum <strong>of</strong> One thousand pounds should not be disposed <strong>of</strong> by the said Elizabeth<br />
Crawford by a writing under her hand the same should be exigible and also Declaring that<br />
whatever property she might be possessed <strong>of</strong> arising from the interest <strong>of</strong> rents <strong>of</strong> the property<br />
thereby conveyed and including her Household furniture, body clothes, paraphernalia or<br />
otherwise and shall fail to dispose there<strong>of</strong> in manner foresaid the same should be deemed<br />
and considered as part <strong>of</strong> the Trust Estate thereby conveyed and be at the disposal <strong>of</strong> the<br />
said Trustees. Which provision the said Elizabeth Crawford accepted in full satisfaction <strong>of</strong><br />
every thing she could claim through her husbands death in case she survived him or that her<br />
Exers or nihgest in kin could claim through her predecease; And with respect to his other<br />
moveable means and Estate the same should be managed and preserved by the said<br />
Trustees during the lifetime <strong>of</strong> the said Elizabeth Crawford with her consent except the<br />
household furniture which was to be at her absolute disposal and after her death he<br />
appointed the said Trustees to sell and dispose <strong>of</strong> the same together with his lands and<br />
heritages as soon as convenient to be by them employed along with the rest <strong>of</strong> his Estate<br />
thereby conveyed for the purposes after mentioned namely,<br />
In the third place the said Trs. should pay the Several Legacies therein specified.<br />
In the fourth place he appointed his said Trustees after his death to allow the sect <strong>of</strong><br />
Bereans in <strong>Dundee</strong> to continue in possession <strong>of</strong> that flat <strong>of</strong> the tenement <strong>of</strong> land situated in<br />
the Methodist or Mitchells Close for the five yearly rent <strong>of</strong> £5 Sterling exclusive <strong>of</strong> cess and<br />
repairs so long as they possessed the leading doctrines <strong>of</strong> the Beareans which were briefly<br />
stated in the Encyclopaedia Perenthsis and detailed in the works <strong>of</strong> the late John Barclay and,<br />
Lastly the remainder <strong>of</strong> the said Estate heritable and moveable thereby conveyed<br />
should be allowed to accumulate with the interest to a Capital Stock <strong>of</strong> £3,000 Stg. after which<br />
period the interest <strong>of</strong> the amount should be applied to discharge the following annuities vizt:<br />
To the <strong>Dundee</strong> Infirmary £10 Sterling. To the Poor <strong>of</strong> the <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> five<br />
pounds Sterling. To the Kirk Session <strong>of</strong> <strong>Dundee</strong> for beho<strong>of</strong> <strong>of</strong> the Poor there<strong>of</strong> Five pounds<br />
Sterling which last annuity should be given at the door <strong>of</strong> the Old Church on the first Sunday<br />
<strong>of</strong> every Year by the Deacon <strong>of</strong> the Baker Trade in <strong>Dundee</strong>; and after answering these<br />
annuities the one half <strong>of</strong> the yearly surplus should be applied towards maintaining and<br />
educating Ten poor Boys who should not be admitted under six years <strong>of</strong> age nor continue<br />
longer on the fund than six years. And the other half <strong>of</strong> the interest to be distributed among<br />
ten poor old men and women not below sixty years <strong>of</strong> age such boys and paupers <strong>of</strong> the<br />
name <strong>of</strong> <strong>Pullar</strong> and particularly those who could prove their pedigree from John <strong>Pullar</strong> farmer<br />
in Mill <strong>of</strong> Haughmuir, the father <strong>of</strong> the Testator should be preferred. And further it was thereby<br />
declared that upon the death or non acceptance <strong>of</strong> any three <strong>of</strong> the before named Trustees<br />
the whole property thereby conveyed should rest in the survivors who should be obliged to<br />
denude <strong>of</strong> the Trust and account for his Intromissions with the Trust Estate, pay over<br />
whatever Balance may be then remaining in is hand and at the same time redispone the land<br />
described and reconvey whatever Grounds <strong>of</strong> Debt might be then standing in his person to<br />
and in favour <strong>of</strong> the Minister <strong>of</strong> the Overgate District in the Parish <strong>of</strong> <strong>Dundee</strong> for the time<br />
being and his successors in <strong>of</strong>fice, twenty members <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong> selected<br />
by that Body, to the Convener and Deacons <strong>of</strong> the <strong>Nine</strong> Incorporated <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> then<br />
if Office and to the <strong>Nine</strong> Deacons <strong>of</strong> the preceding year and their successors in Office as<br />
Trustees and Patrons for the uses ends and purposes and with the several powers and<br />
privileges conferred by the said Settlement on the Trustees therein named.<br />
21
Declaring that twenty <strong>of</strong> these new Trustees assembled should constitute a meeting<br />
and the majority <strong>of</strong> the meeting a sufficient quorum. It being thereby likewise declared that the<br />
Clerk to the <strong>Nine</strong> Incorporated <strong>Trades</strong> should be their Clerk, keep regular accounts and make<br />
the same patent to the Inspection <strong>of</strong> any <strong>of</strong> the Managers; and further declaring that before<br />
denuding <strong>of</strong> the Trust thereby conveyed the surviving original Trustee should be entitled to<br />
relief <strong>of</strong> all the engagements he may have come under in the management <strong>of</strong> the said Trust;<br />
And Lastly, for carrying the said Trust Settlement more effectually into execution the<br />
said James <strong>Pullar</strong> thereby nominated and appointed the said Trustee before named (blank )<br />
or Survivor <strong>of</strong> them as said is for the uses and purposes foresaid to be his sole and only<br />
Excrs. and Intromitters with his goods and gear with power to them to give up Inventories <strong>of</strong><br />
his Estate and to confirm his Testament if needful as the said Trust Disposition and<br />
Settlement containing sundry other clauses in itself more fully bears.<br />
And Whereas the said James <strong>Pullar</strong> died on the tenth day <strong>of</strong> October Eighteen<br />
hundred and eleven and that the said James Gray, Walter Newall, Andrew Peddie Junior and<br />
James Ogilvie survived him and accepted <strong>of</strong> the Office <strong>of</strong> Trustees and Executors conferred<br />
on them by the said Trust Disposition and Settlement and entered upon the possession and<br />
management <strong>of</strong> the Trust Estate.<br />
And Whereas the said Mrs Elizabeth Crawford or <strong>Pullar</strong> survived the said James<br />
<strong>Pullar</strong> her Husband but died on or about the month <strong>of</strong> May Eighteen hundred and twenty four<br />
leaving a Trust Disposition and Settlement dated seventh February and Recorded in the<br />
Sheriff Court <strong>Book</strong>s <strong>of</strong> Forfarshire the twenty ninth day <strong>of</strong> May Eighteen hundred and twenty<br />
four whereby she Gave, Granted, Assigned and Disponed to and in favor <strong>of</strong> the said James<br />
Gray, Andrew Peddie and James Ogilvie as Trustees for the uses and purposes therein<br />
mentioned her whole Estate heritable and moveable in particular without prejudice to the<br />
generality the foresaid sum <strong>of</strong> One Thousand pounds Sterling payable to her and contained in<br />
the said Trust Disposition and Settlement executed by the said James <strong>Pullar</strong> her Husband<br />
and all and sundry other personal and moveable effects <strong>of</strong> every kind and denomination<br />
belonging to her or which should belong to her at the time <strong>of</strong> her death.<br />
And Wheras the said Trustees <strong>of</strong> the said James <strong>Pullar</strong> accounted for and paid over<br />
to the said Elizabeth Crawford or <strong>Pullar</strong> or her Trustees <strong>of</strong> the rents Interests and pr<strong>of</strong>its<br />
arising from the said James <strong>Pullar</strong>’s Trust Estate during her life and also made payment to<br />
her Trustees <strong>of</strong> the foresaid sum <strong>of</strong> One Thousand pounds and have also made payment <strong>of</strong><br />
the whole other Legacies specified in the said Trust Disposition and Settlement and Codicil<br />
executed by the said James <strong>Pullar</strong> and also the Testators debts and funeral Expenses and<br />
that the said Trustees after the death <strong>of</strong> the said Elizabeth Crawford or <strong>Pullar</strong> sold and<br />
disponed <strong>of</strong> the Trust properties which were liferented by her the premises <strong>of</strong> which<br />
occupation was allowed to the Sect <strong>of</strong> Berians having been sold under that burden.<br />
And Whereas from the state <strong>of</strong> the Trust funds <strong>of</strong> the said James <strong>Pullar</strong> which was<br />
submitted to a Meeting <strong>of</strong> the Trustees upon the twenty second day <strong>of</strong> March Eighteen<br />
hundred and twenty seven it appeared that the Trust Funds had the accumulated to three<br />
Thousand Pounds <strong>of</strong> principal; the Trustees resolved to pay the annuities commencing in the<br />
year Eighteen hundred and twenty seven and apply the surplus interest towards the<br />
maintenance and Education <strong>of</strong> the persons pointed out in the Trust Deed and that the annual<br />
payments to each Individual should be made by two equal instalments upon the first day <strong>of</strong><br />
June and the first day <strong>of</strong> December yearly beginning the first payment on the first day <strong>of</strong> June<br />
Eighteen hundred and twenty seven for the half year following that date and so on half yearly<br />
thereafter, and that the said Trustees have accordingly since that time regularly paid the said<br />
annuities and applied the surplus Interest <strong>of</strong> the Trust funds for the purposes <strong>of</strong> the said<br />
<strong>Mortification</strong> down to and including the payment which fell due first June last.<br />
And whereas the said James Gray and Andrew Peddie Junior died several years ago<br />
and the said Walter Newall died on the seventeenth day <strong>of</strong> August eighteen hundred and forty<br />
six by which last event the whole Trust funds have been vested in the said James Ogilvie as<br />
only surviving Trustee <strong>of</strong> the said James <strong>Pullar</strong>, and the said James Ogilvie as surviving<br />
Trustee foresaid had become bound to denude <strong>of</strong> the Trust in favour <strong>of</strong> the parties pointed out<br />
by the said Settlement;<br />
And Whereas the Kirk Session <strong>of</strong> <strong>Dundee</strong> at a meeting held by them upon the<br />
fourteenth day <strong>of</strong> October Eighteen hundred and forty six nominated and selected the<br />
following individuals all <strong>of</strong> them members <strong>of</strong> that body to be twenty <strong>of</strong> the Trustees and<br />
Patrons <strong>of</strong> the said <strong>Mortification</strong> in terms <strong>of</strong> the foresaid Trust disposition and settlement<br />
executed by the said James <strong>Pullar</strong> vizt: the Revd. James Thomson, The Revd. John Lindsay<br />
22
Adamson, The Revd. John Tulloch, three <strong>of</strong> the Ministers <strong>of</strong> <strong>Dundee</strong>, John Bell <strong>of</strong> the Stamp<br />
Office <strong>Dundee</strong>, John William Thomson, Writer there, Thomas Bell, Merchant there, John<br />
McKay, Junior Merchant there, Peter Thoms Merchant there, John Hodgson Anderson Corn<br />
Merchant there, Thomas Smith Merchant there, William Reid Writer there, William Young<br />
Ship Owner there , John Jack Harbour Master there, William Morris Treasurer <strong>of</strong> Police there,<br />
Henry Smith Manufacturer there, William Thoms late Dean <strong>of</strong> Guild <strong>Dundee</strong>, John Young<br />
Tailor there, John Symers Banker there William Beharrie Manufacturer there, and Alexander<br />
Keay Session Clerk there, and the said John Young having thereafter resigned his said<br />
Appointment, the said Kirk Session at a Meeting held by them upon the twenty eighth day <strong>of</strong><br />
the said month <strong>of</strong> October nominated and appointed George Marshall Steel Merchant in<br />
<strong>Dundee</strong> in his room;<br />
And Whereas the said James Ogilvie as surviving original Trustee foresaid has<br />
accounted to the Trustees and Patrons appointed to succeed him for the whole Intromissions<br />
<strong>of</strong> himself and his Co-Trustees with the Trust funds <strong>of</strong> the said James <strong>Pullar</strong> which are<br />
contained in fifteen accounts <strong>of</strong> Charge and Discharge between the said Trustees and their<br />
Factors extending from the death <strong>of</strong> the said James <strong>Pullar</strong>, to the death <strong>of</strong> the said Walter<br />
Newall and which are all engrossed in the Sederunt <strong>Book</strong> kept by the said Trustees, and the<br />
last <strong>of</strong> which accounts shews a Balance in the hands <strong>of</strong> the Factors <strong>of</strong> One pound ten<br />
shillings and two pence halfpenny;<br />
And Whereas from a state <strong>of</strong> the funds <strong>of</strong> the said Walter Newall also Engrossed in<br />
the Sederunt <strong>Book</strong> it appears that at the death <strong>of</strong> the said Walter Newall the funds <strong>of</strong> the Trust<br />
now rested in the said James Ogilvie as surviving Trustee foresaid consist <strong>of</strong> as follows:<br />
1 st The principal sum <strong>of</strong> Six hundred pounds contained in a Bond and Assignation<br />
under Reversion granted by Alexander McDonald Printer in <strong>Dundee</strong> with interest there<strong>of</strong> from<br />
the term <strong>of</strong> Whitsunday last, and the sum <strong>of</strong> Twenty pounds seven shillings ad two pence<br />
being expense incurred on the said Bond.<br />
2 nd Principal sum <strong>of</strong> Six hundred pounds contained in Bond and Disposition in<br />
security granted by John Peter merchant in <strong>Dundee</strong> with interest thereon from the term <strong>of</strong><br />
Whitsunday last, in security <strong>of</strong> which the said John Peter deposited with James and John<br />
Ogilvie Writers <strong>Dundee</strong> as Agents for the said James <strong>Pullar</strong>’s Trustees the sum <strong>of</strong> Thirty<br />
pounds upon the twenty eighth day <strong>of</strong> October Eighteen hundred and forty three.<br />
3 rd The Principal sum <strong>of</strong> fifteen Hundred pounds contained in a Bond and Disposition<br />
under Reversion by Robert Adamson Merchant in <strong>Dundee</strong> and others with Interest thereon<br />
from Whitsunday last.<br />
4 th Principal sum <strong>of</strong> Two hundred and fifty five pounds seventeen contained in a<br />
deposit receipt <strong>of</strong> the Western Bank <strong>of</strong> Scotland in name <strong>of</strong> James and John Ogilvie Writers in<br />
<strong>Dundee</strong> as Factors for the said Trustees with Interest thereon from nineteenth June last being<br />
the date <strong>of</strong> receipt.<br />
5 th the foresaid Balance <strong>of</strong> One pound ten shillings and two pence half penny in the<br />
hands <strong>of</strong> the said James and john Ogilvie as Trustees foresaid and<br />
6 th The sum <strong>of</strong> One pound three shillings and four pence being property tax due by<br />
certain <strong>of</strong> the annuitants and which can be retained from their future annuities amounting in all<br />
to the sum <strong>of</strong> Two Thousand <strong>Nine</strong> Hundred and Seventy eight Pounds seventeen shillings<br />
and eight pence halfpenny besides current interest.<br />
And Now Seeing that the said James Ogilvie as surviving original Trustee has paid<br />
over to the Trustees and Patrons appointed to succeed him in the Management <strong>of</strong> the said<br />
Trust the foresaid Two hundred and fifty five pounds seventeen shillings and Interest due<br />
thereon and also he foresaid sum <strong>of</strong> Thirty pounds deposited by the said John Peter in<br />
security as aforesaid and whole interest accrued thereon and one pound ten shillings and two<br />
pence halfpenny and had also at the request <strong>of</strong> the said new Trustees and Patrons executed<br />
and delivered formal Assignations in favour <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong> and the <strong>Nine</strong><br />
Incorporated <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> in Trust for the purposes <strong>of</strong> the said James <strong>Pullar</strong>’s<br />
Settlement <strong>of</strong> the three Bonds, and Dispositions in security or under Reversion above<br />
mentioned in which Assignations it is specially provided and declared that notwithstanding <strong>of</strong><br />
the feudal Title to the said Bonds being taken in favour <strong>of</strong> the said Incorporations yet the<br />
entire management and administration <strong>of</strong> the Trust should be vested in the Trustees and<br />
Patrons pointed out by the said Trust Disposition and Settlement – And that the said James<br />
Ogilvie has delivered up to the said new Trustees and Patrons the Titles <strong>of</strong> the said Securities<br />
– the Titles <strong>of</strong> the properties over which the securities extend in so far as in his possession, -<br />
23
the Sederunt <strong>Book</strong> kept by the said original Trustees and the whole other papers and<br />
documents relative to the said Trust.<br />
Therefore I The Reverend Charles Adie Doctor <strong>of</strong> Divinity present Minister <strong>of</strong> the<br />
Overgate district in the Parish <strong>of</strong> <strong>Dundee</strong>, We the said Reverends James Thomson, John<br />
Lindsay Adamson and John Tulloch Ministers <strong>of</strong> the Gospel aforesaid, John Bell, John<br />
William Thomson, Thomas Bell, John McKay Junior, Peter Thoms, John Hodgson Anderson,<br />
Thomas Smith, William Reid, William Young, John Jack, William Morris, Henry Smith, William<br />
Thoms, John Symers, William Beharrie, Alexander Keay and George Marshall Stele all before<br />
designed being the twenty Members <strong>of</strong> the Kirk Session <strong>of</strong> <strong>Dundee</strong> selected by that Body as<br />
aforesaid. I John Mitchell flax Spinner in <strong>Dundee</strong> present Convener <strong>of</strong> the <strong>Nine</strong> Incorporated<br />
<strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong>. We present Deacons <strong>of</strong> the said <strong>Trades</strong>, Mr David Hume Baker in <strong>Dundee</strong><br />
<strong>of</strong> the Baker Trade, John Fenton Shoe maker in <strong>Dundee</strong> <strong>of</strong> the Cordiner Trade, Peter Stewart<br />
Balharrie’s Land, James Park <strong>Dundee</strong> <strong>of</strong> the Glover Trade, John Young Tailor in <strong>Dundee</strong> <strong>of</strong><br />
the Tailor Trade, James Spankie Manufacturer in <strong>Dundee</strong> <strong>of</strong> the Bonnet maker Trade,<br />
Thomas Dick Flesher in <strong>Dundee</strong> <strong>of</strong> the Flesher Trade, George Hall Nicoll Ironmonger in<br />
<strong>Dundee</strong> <strong>of</strong> the Hammerman Trade, William Gibson Manufacturer in <strong>Dundee</strong> <strong>of</strong> the Weaver<br />
Trade and John Stevenson Dyer in <strong>Dundee</strong> <strong>of</strong> the Waulker Trade and We the Deacons <strong>of</strong> the<br />
said respective <strong>Trades</strong> for the preceding year Vizt: I The Said David Hume <strong>of</strong> the said Baker<br />
Trade, the said John Fenton <strong>of</strong> the Cordiner Trade, the said Peter Stewart <strong>of</strong> the Glover<br />
Trade, the said John Young <strong>of</strong> the Tailor Trade, John Lamb Manufacturer in <strong>Dundee</strong> <strong>of</strong> the<br />
Bonnet maker Trade, the said Thomas Dick <strong>of</strong> the Flesher Trade, John Justice Blacksmith in<br />
<strong>Dundee</strong> <strong>of</strong> the Hammerman Trade, the said William Gibson <strong>of</strong> the Weaver Trade and Robert<br />
Chapman Dyer in <strong>Dundee</strong> <strong>of</strong> the Waulker Trade as Trustees and Patrons <strong>of</strong> the Funds<br />
Mortified by the said James <strong>Pullar</strong> and now entitled to act as such in consequence <strong>of</strong> the<br />
death <strong>of</strong> there<strong>of</strong> the said original Trustees or at least a quorum <strong>of</strong> us in meeting assembled<br />
have exonered and discharged and do hereby with mutual consent exoner acquit and<br />
Simpliciter discharge the said James Ogilvie as surviving original Trustee foresaid and his<br />
heirs and executors and the representatives whosomever <strong>of</strong> the said deceases James Gray,<br />
Andrew Peddie Junior and Walter Newall <strong>of</strong> his and their whole actings, transactions and<br />
Intromissions with the Trust Estate and effect <strong>of</strong> the said deceased James <strong>Pullar</strong> under and<br />
by virtue <strong>of</strong> his said Trust Disposition and Settlement itself and whole clauses tenor and<br />
contents there<strong>of</strong> and <strong>of</strong> all that has followed or that is competent to follow thereon; dispensing<br />
with the generality these presents to be equally valid and effectual as if the whole actings and<br />
Intromissions <strong>of</strong> the said original Trustees were herein specially enumerated and we oblige<br />
the Trust Estate upon which we are Trustees and Patrons foresaid to warrant this discharge<br />
to the said James Ogilvie and his foresaids and the Representatives <strong>of</strong> the said James Gray,<br />
Andrew Peddie Junior and Walter Newall at all hands.<br />
And in respect there is not sufficient space for all <strong>of</strong> us to subscribe each page <strong>of</strong><br />
these presents and the marginal (blank ) we do hereby with mutual consent specially authorise<br />
the said (blank) or any <strong>of</strong> them to subscribe such <strong>of</strong> the eight preceding pages <strong>of</strong> these<br />
presents, Declaring that these presents so subscribed shall be equally valid and effectual as if<br />
each page had been subscribed by all <strong>of</strong> us any law or practice to the contrary<br />
notwithstanding.<br />
And We Consent to the Registration here<strong>of</strong> in the <strong>Book</strong>s <strong>of</strong> Council and Session or<br />
others competent for preservation and that all execution necessary may pass hereon in form<br />
as effeirs and thereto Constitute.<br />
Our Procurators &c<br />
In Witness Where<strong>of</strong> these presents consisting <strong>of</strong> this and the nine preceding pages <strong>of</strong><br />
stamped paper all written by William McCaul, Clerk to James and John Ogilvie Writers in<br />
<strong>Dundee</strong> are subscribed as follows vizt:<br />
This and the ninth page by a majority and quorum <strong>of</strong> us in meeting assembled and<br />
each <strong>of</strong> the eight pages preceding the ninth are also subscribed by the said Charles Adie and<br />
John Mitchell as authorised in manner foresaid all at <strong>Dundee</strong> and in said Meeting assembled<br />
the twenty sixth day <strong>of</strong> November Eighteen hundred and forty six years before these<br />
witnesses Thomas Lovell Hammond Writer in <strong>Dundee</strong> and George Robertson Neilson<br />
apprentice to the said James and John Ogilvie.<br />
At a Meeting <strong>of</strong> the Committee <strong>of</strong> Trustee s held within the Office <strong>of</strong> the Clerk on<br />
Wednesday the 16 th day <strong>of</strong> December 1846 at one o’clock afternoon<br />
Dr Adie in the chair<br />
24
There was laid before the Trustees a letter from Mr John Peter <strong>of</strong>fering his son as a<br />
collateral security for payment <strong>of</strong> the Interest ii place <strong>of</strong> the late John Ramsay <strong>of</strong> which a Copy<br />
follows:<br />
<strong>Dundee</strong> 3 December 1846<br />
To the Trustees <strong>of</strong> the late Mr <strong>Pullar</strong><br />
Gentlemen<br />
The late Mr John Ramsay was co-lateral security for payment <strong>of</strong> the Interest on my<br />
Bond over certain subjects for £600, to the Trustees <strong>of</strong> Mr <strong>Pullar</strong>’s <strong>Mortification</strong>. – As that<br />
Gentleman’s Trustees have now almost completed their Trust, they have now called upon me<br />
to relieve them from that obligation. I have therefore to request the favour <strong>of</strong> you to accept <strong>of</strong><br />
a missive from my Son John Peter Junior binding himself in Mr Ramsay’s place as Collateral<br />
security for the Interest. – and as he is a Partner in an extensive Business in the Flax<br />
Spinning at Rouen in France under a contract for 15 years with a sixth share in the Concern<br />
and free House, Fire and Light his security may be considered good. The Company have a<br />
Capital <strong>of</strong> £250,000 employed in the Business and his name is in the firm <strong>of</strong> I. Le Bandy.<br />
I, Peter and Coy as acting Partners.<br />
Your acceptance will oblige as I wish to acid all Expence <strong>of</strong> further papers till the<br />
Bond is ultimately discharged. – And this is not the time to sell such property.<br />
I am &c<br />
(Signed) Jon Peter, Sen.<br />
The Meeting resolved that they propose that Mr Peter should pay £200 to account <strong>of</strong><br />
the Bond, and they would allow he rest to remain on his own Security…<br />
At a General Meeting <strong>of</strong> the Trustees in the late John <strong>Pullar</strong>’s <strong>Mortification</strong><br />
called by Circular and held within Mrs Hoods Hall St Clements Lane on Thursday the<br />
11 th day <strong>of</strong> May 1848 at One o’clock <strong>of</strong> forenoon<br />
Revd. James Thomson in the chair<br />
A Letter from Mr John Peter wishing the Trustees to relieve The Trustees <strong>of</strong> the late<br />
Mr John Ramsay as collateral Securities on his Bond was read to and laid before the meeting<br />
<strong>of</strong> which the following is a Copy:<br />
<strong>Dundee</strong> 2 nd May 1848<br />
To the Trustees <strong>of</strong> the late Mr <strong>Pullar</strong><br />
Gentlemen<br />
It was my intention agreeable to the <strong>of</strong>fer <strong>of</strong> the Trustees sometime ago to have paid<br />
you £200 <strong>of</strong> the Bond <strong>of</strong> £600 over my Property, but from the losses I have sustained since<br />
that period it has been out <strong>of</strong> my power to do his and the Trustees <strong>of</strong> Mr Ramsay are<br />
threatening legal process against me to compel it immediately as they intend throwing the<br />
Convener <strong>of</strong> the Trust into the Court <strong>of</strong> Session, this would bring on heavy legal expenses<br />
against me which I must by all means in my power endeavour to avoid.<br />
Would you accept my son David as Collateral Security for the Interest on the place <strong>of</strong><br />
Mr Ramsay and your agent to collect the rent should the Interest not be paid regularly at the<br />
term, but since I have heard this morning that the Interest had never lain over unpaid for a<br />
day and was paid even without calling for it. Besides my intention still is to pay up the £200 as<br />
soon as I recover myself a little to enable me to do so.<br />
I will also allow your Agent to collect the rents or Mr Batchelor will do it and (blank)<br />
them to (blank) in the Bank to (blank) payment <strong>of</strong> the Bond aver paying the Interest.<br />
Your compliance will much oblige.<br />
Your most obedt Servant<br />
(Signed) John Peter Senr.<br />
P.S. since writing the above I have received a very threatening letter from Mr D.<br />
McLachlan to lay an attachment on all my Heritable Property wherever situated in Scotland &<br />
by that I will be rendered powerless, this is a very harsh measure for so small a matter.<br />
With a little assistance from a Friend I will be able to make up £100 on part payment<br />
<strong>of</strong> the Bond at present and to allow the Rents commencing at Martinmas next to go towards<br />
payment <strong>of</strong> the Bond to such an amount as the Trustees shall consider safe to remain on the<br />
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Security <strong>of</strong> the Property to enable me to be relieved from Ramsay’s Trustees at this time and<br />
prevent the necessity <strong>of</strong> further legal proceedings on the part <strong>of</strong> Mr R’s Trustees.<br />
(Signed) John Peter Senr.<br />
On considering which the Meeting unanimously resolved to adhere to their former<br />
resolution come to a Meeting held on 16 th December 1846 with the addition <strong>of</strong> Mr David Peter<br />
his son as collateral security.<br />
At <strong>Dundee</strong> the 18 th day <strong>of</strong> May 1848<br />
At a Meeting <strong>of</strong> the General Committee held within Mr Rollo’s <strong>of</strong>fice at ½ past<br />
seven o’clock in the evening<br />
Convener Spankie in the Chair<br />
The Convener stated to the Meeting that Mr John Peter had expressed verbally to<br />
him his readiness to pay two hundred pounds towards liquidation <strong>of</strong> his Bond and to grant the<br />
security <strong>of</strong> his son David as a Collateral Security, as arranged at last General Meeting; And<br />
the Committee unanimously agreed to recommend such be accepted and that Mr David Peter<br />
grant Bill for the Four hundred pounds payable one day after date, a Back Letter to be given<br />
to him restricting the same as a security for the Balance <strong>of</strong> Principal in the Bond, and Interest<br />
to arise thereon and on Mr Peter granting a Letter stating his readiness to pay and grant said<br />
Security, the Meeting authorised the Clerk to send the requisite Papers to Ramsay’s Agents<br />
to prepare the Discharge, and after being revised and adjusted, the same to be laid before a<br />
General Meeting for approval and signature.<br />
At <strong>Dundee</strong> the Ninth day <strong>of</strong> August Eighteen hundred and forty eight at a<br />
Meeting <strong>of</strong> the Standing committee held this evening within Mr Rollo’s Office at Seven<br />
o’clock<br />
Convener Spankie in the chair<br />
The Clerk stated that having received a Letter from Mr John Peter in terms <strong>of</strong> last<br />
<strong>Minute</strong> he sent the requisite Papers to Messers Shaw, Reid & Mr McLauchlan Agents for<br />
Ramsay’s Trustees in order to prepare the Discharge which was afterwards revised and now<br />
returned on the Requisite stamp for signature and which was laid before the meeting; he<br />
farther stated that he had given in the Assignation <strong>of</strong> Peters Bond by Mr Ogilvie to the<br />
Trustees to be recoded in the Burgh Register <strong>of</strong> Sasines which was absolutely necessary to<br />
complete the Trustees Title to the Bond or to enable them to Discharge the same and he<br />
recommended that the Assignations to the other Bonds should likewise be recorded as there<br />
was no real vested right to them till such was done.<br />
The Clerk farther laid before the Meeting a Draft <strong>of</strong> the Bill or Promissory Note to be<br />
taken from Mr David Peter and the relative Back Letter to be granted by him which being<br />
considered by the Meeting were approved <strong>of</strong>; But as the discharge proceeds on the Narrative<br />
that the parties in right <strong>of</strong> the Bond have been requested to grant the same by the Trustees<br />
the Meeting resolved to call a General Meeting <strong>of</strong> the Trustees to lay the whole matter before<br />
them and get their sanction to call upon the parties in right <strong>of</strong> the Bond to execute the<br />
Discharge – and the Clerk was instructed to call a General Meeting for Monday first at one<br />
o’clock.<br />
At <strong>Dundee</strong> the Seventeenth day <strong>of</strong> August Eighteen hundred and forty eight at<br />
a General Meeting <strong>of</strong> the Trustees on the late Mr James <strong>Pullar</strong>’s <strong>Mortification</strong> held this<br />
evening within Mrs Hoods Hall St Clements Lane at one o’clock<br />
Revd. James Thomson in the chair<br />
The <strong>Minute</strong>s <strong>of</strong> last General Meeting being read also the Back Letter to be granted to<br />
Mr David Peter and the Promissory Note to be taken from Him – were approved <strong>of</strong>.<br />
The meeting unanimously agreed to call upon the Parties in right <strong>of</strong> the Bond and<br />
Disposition by Mr John Peter to sign the Discharge to Mr John Ramsay’s Trustees – which<br />
was read to the Meeting and approved <strong>of</strong> and the Clerk instructed accordingly and<br />
empowered to grant the said letter and the meeting farther instruct the Clerk to get a valuation<br />
<strong>of</strong> the Properties over which the Bonds held for beho<strong>of</strong> <strong>of</strong> the Trust extends – by Messers<br />
James Samson & William Robertson Masons.<br />
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Sir<br />
Copy Letter referred to in the foregoing <strong>Minute</strong><br />
<strong>Dundee</strong> 29 th august 1848<br />
David Peter Esq, Merchant <strong>Dundee</strong><br />
At a General Meeting <strong>of</strong> the Trustees on the late Mr John <strong>Pullar</strong>’s <strong>Mortification</strong> held<br />
on the seventeenth August I was appointed in name & on behalf <strong>of</strong> the said Trustees to<br />
intimate to you that altho’ you have granted your promissory Note per £400 payable to James<br />
Spankie Esq. Convener <strong>of</strong> the <strong>Nine</strong> Incorporated <strong>Trades</strong> <strong>of</strong> <strong>Dundee</strong> & Alexander Keay<br />
Session Clerk there for Beho<strong>of</strong> <strong>of</strong> the Trustees on said <strong>Mortification</strong> <strong>of</strong> Date the 29 th Instant<br />
and payable one day after date the same is held as a Collateral Security only for the sum <strong>of</strong><br />
£400 & corresponding Interest penalties & expenses if incurred being the Balance due on a<br />
Bond & Disposition under reversion granted by Mr John Peter your Father and the now<br />
deceased John Ramsay late Merchant in <strong>Dundee</strong> to the Trustees <strong>of</strong> said <strong>Mortification</strong> <strong>of</strong> Date<br />
the 25 th November 1831 or for any deficiency that may arise in the event <strong>of</strong> a Sale by said<br />
Trustees <strong>of</strong> the Property thereby convened (the said Promissory note having been accepted<br />
as an equivalent for et obligation come under by the said John Ramsay in said Bond &<br />
Disposition his Trustees having been Discharged in Consequence <strong>of</strong> the same & £200 paid to<br />
account <strong>of</strong> the Principal in the Bond) and the said Trustees shall not be at liberty to negotiate<br />
said Bill to proceed with Diligence thereon until said Balance is ascertained by a sale as<br />
aforesaid.<br />
(Signed) D. W. Rollo<br />
Clerk to <strong>Pullar</strong>'s <strong>Mortification</strong><br />
<strong>Minute</strong> <strong>of</strong> Committee omitted to be engrossed from the Scroll <strong>Minute</strong> <strong>Book</strong><br />
At <strong>Dundee</strong> the Twelfth day <strong>of</strong> December Eighteen hundred and fifty five<br />
At a Meeting <strong>of</strong> the members <strong>of</strong> Committee <strong>of</strong> Management on <strong>Pullar</strong>’s<br />
<strong>Mortification</strong> held this evening within Mr Rollo’s Office at Seven o’clock<br />
Mr Christie was chosen Chairman<br />
…Mr Rollo reported that Mr McDonald’s properties were <strong>of</strong>fered for sale on the 15 th<br />
November last, the Seagate property at the upset price <strong>of</strong> £330 and Milnbank property at<br />
£230 in terms <strong>of</strong> <strong>Minute</strong> <strong>of</strong> 8 th October last.<br />
The Seagate property was purchased by Mr Thomas Walker at £377 and there were<br />
no <strong>of</strong>fers for the Milnbank property and that he had not yet received the Draft <strong>of</strong> the<br />
Disposition from Mr Walker although he had applied for it. The Meeting Resolved to<br />
recommend that the property at Milnbank should be re-exposed for sale at a reduced upset<br />
price about the end <strong>of</strong> February next…<br />
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