Durham University Library Archives has graciously given Permission to put the Dr. Thomas Trotter Estate.
The original will of Thomas Trotter is included in the Durham Probate Records in the care of Durham University Library. DPRI/1/1832/T21/1-12
- Mrs Ann Robinson
- Archives Assistant
- Durham University Library
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Dr. Thomas Trotter’s Will
[This Trust is spelled with the same spelling that
Wm. Rutherford wrote it for Doctor Thomas Trotter in Scotland]
Page One
At Jedburgh the Seventeenth day of October Eighteen Hundred and thirty two heard in presence of William Oliver Esq. Sheriff of Roxburgshire , compeared Samuel Stranton
Writer in Jednburgh as Procreator for Thomas Trotter here after designated and give in the trust and Disposition and Deed of settlement under written desiring the same night be registered into the said Sheriff Court Books conform to the clause of Arbitration after inserted Which request the said Sheriff finding reasonable ordained accordingly, and of which has Proposition and Deed Settlement the Principal of being written on stamped paper, the items follow in last words. “I Thomas Trotter of Roxburgh, Iower Doctor of Medicine, sometime Physician of His Majesty Fleet and Hontable Proprietor of “ the Lands with Houses and others thereafter “ disposed in order to prevent dispute after my death have given granted conveyed disproved assigned and made over as I have these presented with.
Wm. Rutherford
Page Second
“ With and under the burdon conditions, decelerations, reservations, powers and faculties, after written live Grant deposed, convey, assign and make over from me my Heirs and trustees to my beloved wife Isabella Agnes Dixon Trotter and Thomas Dixon Marr Trotter, two of my three sons. Alica Allison Trotter, my daughter while she is unmarried and to the ______ of revisions, accepted or accepted of them any man whereof or the accepted or survivor being declared a _______ as my trustees when failing to their nearest male Heir as trustees for the uses intent. Lands and purpose after mentioned all and turn lands Heritages Heritable bonds and ______, debts and sums of money, goods, books, silver plate, and generally the whole Heritable and personal Estates and effects means and debts of whatever description now belonging or due and indebted to me or that shall belong or be due and owing to me at the time.
Wm. Rutherford
Page Third
At the time of my Death and particularly without prejudices to the above, general conveyance, all and naill these my Lands of the Estate Housebryre, part of the Lands of Easter Housebryre, part of which is now designated “ Housebryre Tower, which is with the naill houses bringing Lairds and progenitor belonging together with the lands Sheves and other, as well as parsonage( church) as acreage there of lying in the Parish and Cate regality of Monrose and Sherifdom of Roxburgshire, ( Scotland) and all mine particularity
Described in a Charter of Resignations and Sale in favor of Richard Brown Esquire, time of Main Side, my Author dated.
December Eighteen Hundred and Eight Item all and whole these my houses
Lords and others in the East and of the Town of Melrose with the perternints as sometime belong to the late John Trotter my Father and on parts of which a new dwelling House was lately erected by me, the said property being possessed by Thomas Scott Francis Dobson and others my tenants-Item part and whole.
Wm. Rutherford
Page Fourth
Whole that part or Cavil in the wards of Melrose and half of another part in Caril
in said wards with the tenants and partistants of the same whole all and whole these
other two parts or Cavil of Land in said wards, Melrose formerly ____ and divided and Lett
of to this deceased William Cook Weaver and partners in Melrose by Decreed of Division of the Sheriff of Roxburgshire in the same year of Seventeen Hundred and Fifty One as same are more fully divided in the Tithe Deeds there fore: which cavils of Land Laid together and now bounded by Trees on the East by Lands of John Butler Representatives on the South by those of Alexander Herderson on the West side Partly by those
James Wilson and partly by a service road and on the North side by Roxburgh Turn Pike
All lying with in the Town and Territory of Melrose Roxburgh Parish and County of Roxburgh together with all right title and interest claim of right property and possessions which my predecessors and Authors as heirs
Wm. Rutherford
Page Fifth
or Heirs and successors had have or can claim right channels, than to or to any part of portion of the same in Line coming and I do hereby mandated and appoint my said Tenants above named take sole and only executors or executor with power to give up involuntary and confirm the same as accords but declaring always as it is hereby presently and declared that of the trustees above mentioned my dear wife the said Isabella Agnes Dixon shall have the sole power during her lifetime to manage my property and execute this trust without the consent of the other trustees in the same manner as if she had been named the said sole trustee and in case of her death upon acceptance then the said other trustees and in case of her death upon acceptors or accepted of this and said surving accepted of them shall in the next place have full power to execute the same Declaring further that any two of such accepting Trustees when that number are alive or the survivor of them shall be appointed, and I do give full power to.
Wm. Rutherford
Page Sixth
to my said trustee in the order of priority above mentioned and the surviving accepted of acceptor of them immediately on my death, enter a form request of my Heritable and Personal Estates above conveyed and to do every other thing
request for making the same ____ to grant teste of my said heritable subjects
on such terms and conditions and for such number of Mears as she or they see prefer and also to compound submit refer transact and agree in regard to any matter dispute or difference connected with my affairs and Generally to do everything in relations to which might have been done by my self in my own lifetime which In not conveyance top my said Trustees before named which is not conveyed by me and shall be accepted by said Trustees before said named according to their respective priorities . [Whom failing by their nearest Male Heir as my trustees or trustee for the uses ends intents and proposed after written, vigt. Thirds for you.]
Wm. Rutherford
Page Seventh
For delivering over to the said Isabella Agnes Dixon my wife immediately after my death the whole house hold furniture, flat bed and table linens printed books and other household effects that they happen to belong to me when that wait takes place all belongs which appoint to be life rented by her during her natural death
Take equally divided among my said sons; John Everitt Howe Trotter William Curtis Trotter Thomas Dixon Marr Trotter and to my said daughter Alecia Alison Trotter equally share and share alike. Secondly, for the purpose delivering my Gold Watch which I bequeath and beg her to wear for my sake. Third, For paying my deathbed and funeral expenses, these expenses after the execution of this. Just and such of my just and Lawful Debts as my said Trustees of
Wm. Rutherford
Page Eighth
or trustee acting for the time may find herself or them selves unable to pay for my said property. Fourthly; For paying to the said Isabella Agnes Dixon my wife during all the day of her lifetime the free annual income rents or profit of the remainder of said Estate after deducting Intent of such of my debts as may remain unpaid for duties taxations public and parochial burdens and repairs and all other proper deductions the different and management and directions being hereby expressly disproved and approved. To my said Dear wife Isabella Agnes Dixon for the purpose of being used and enjoyed by herself and for my children including my said eldest son while they are unable to provide for themselves. Fifthly; that after the death of the said Isabella Agnes Dixon my wife, the said other trustees
Wm. Rutherford
Page Ninth
acting for the time shall dispose and make over the said Lands and other Heritable objects generally and particularly above disproved and the remainder of my personal property to and inform of the said John Enveill, Howe Roddam Trotter and William Curtis Trotter and Alecia Alison Trotter equally share and share a like as to the Heirs or his or her bodies and lawfully begotten and failing any one or these more of my three children by death before attending majority only precedes with out leaving such heirs to the survivors or last survivors and their Heirs his or her bodies respectivately and failing all of these their children by death as for said without any of them leaving legitimate off spring then to the said Thomas Dixon Marr Trotter my youngest son and his heirs and assigned declaring that the said Thomas Dixon Marr Trotter being amply takes care of by the will
Wm. Rutherfor
Page Tenth
Will of the late George Mitcherson of Belington is the reason I have not appointed him to share my Heritable property along with my said other children which provisions in favor of my said wife and children shall be all other claims shall be in full satisfaction to them after just relitaes? Legation? and all other claims to all and any of them in and through my death and manner of the way. Sixthly In the event of my said eldest sons and daughter of their respective heirs wishing after they succeed to their shares of my said First Estate. To sell his or her or their shares of the said estate lands and houses and others He or She or they shall be bound to the offer his her or their share or shared of the said lands or shared to his her or their other brothers and sisters or the heir of such other brother and sister or sister at such price or prices and to be payable at such time or times as ones or more arbiters? named by the parties themselves
Wm. Rutherford
Page Eleventh
At failing their agreeing in the nomination of the arbitrators named by the Sheriff or Sheriffs in the institute of the County of Roxburgh for the time being shall fix and ascertain as it is my wish that these subjects should remain in my family and failing such after being accepted by all or any one or more of my said three children or their foresaid
To whom the after is made and the arbitrators appointed for the above purpose with in two months after the time at making it then it shall be in the power of the persons or some desirous of telling his or her shares to dispose of the same as he or she shall see fit Seventhly that any of my said three children above appointed to succeed to my said Estate, succeed any sum or sums of money in consequence of the death of.
Wm. Rutherford
Page Twelfth
Any of their relations sharely recommend to them and such each of them to apply such sum or sums of money towards extinction of sum or sums of money toward extinction of The Heritable Debts affecting any said Heritable Estate.
Eighthly I further recommend and express it as my particular wish Dixon my sister in Law after my death continue to live in family with my said wife and children as her home and above and earnestly recommend the same to be done.
Ninthly on around the said John Everett Howe Roddam Trotter my oldest son being incapable from mental derangement to manage his affairs. I earnestly ____? my said wife and other children to guard and protect him with sympathy and affection considering that when in London in February Eighteen Hundred and Twenty Six and while in as some state of mind be bequeathed whole property to them
Wm. Rutherford
Page Thirteenth
at his deceased and I do hereby nominate and appoint the said Mrs Isabella Agnes Dixon my spouse and the said William Curtis Trotter Thomas Dixon Marr Trotter and Alicia Alison Trotter and the surviving acceptors or acceptors or accepters of them and heirs of
such Last surviving acceptable any two of them that number are alive and acceptable any of two when that number are alive and accepting being around as arbitrators and for my said son John Evertt Howe Roddam Trotter with power to them to enter upon the possession of the share of my said means and Estates to which be may succeed in consequence of the possession of the share or the said means and Estates to which be may succeed of the first deed and to do everything requisite for making the same affective and to up receive assign transfer and to discharge the same subjects to let the same Lease or Leases as such time shall see fit and in general to do every thing requisite and
Wm. Rutherford
Page Fourteenth
necessary John Everett Howe Roddam Trotter might have done him and He been in sound mind and that he during this time he remains affected with this above melancholy disease and surely empower my said trustees or trustee foresaid and as curators and guardians foresaid oldest son to appoint one or more agents or executors to assist them in the management and of this deed and to allow them a reasonable said gratification for their trouble and Surely declare that the Land Mrs Isabella Agnes Dixon and the said the said William Curtis Trotter Thomas, Thomas Dixon Marr Trotter and Alicia Alison Trotter and to the surviving acceptors as Executors or Executrix to as arbitrators and guardian for the said John Evertt Howe Roddam Trotter the said my son shall not be able liable for insolvencies of them
Wm. Rutherford
Page Fifteenth
of his Debtors agents factors or others now for omissions neglect of duty or accidental miss-management nor for one another but each only for his own actual in transgression and of do here by give full power and liberty to my said Trustees at my time or times during the continuance of this Trust and according to their respective priorities to borrow what said sum of money may be required for paying of any of the Heritable or Personal Debts that may be owing by me at my Death and to grant Real Securities for the same or ever my said heritable properties binding my Heirs general in absolute warranties or else to grant such for personal or else see fit but always at the influence of my Trust Estate: In which ever and of Lands Houses Yards and other with their portions above disposed. I the said Doctor Thomas Trotter buried and
Wm. Rutherford
Page Sixteenth
Oblige me my heirs and successors to infefto and seize my said Trustees and their foresaid
Upon the charges and expenses of my said Estate but under the declarations conditions reservations and others and for the ends set intents and purposes before and after written And that by two several Investments different manners of holding the one thereof to beholden of me and fore said in free blench for pay marl of a penny Scots money upon the ground of the said several subjects ____? ____? ____? Yearly in name of blench farm if asked only and the other of the said Investments to beholden from us of and under our immediate lawful Superior of the said subjects in the same manner and as freely in all respects as hold as might have holden the same myself and that either by resignation as conformation as both the one without prejudice of the other and for
Wm. Rutherford
Page Seventeenth
for accomplishing the said ________? by resignation I bind me my heirs and _____?? To grant all peoples ________? and other writings necessary which Disposition and ญญญญ_______? aforesaid _______? and others to follow hereon I the said Dr. Thomas Trotter bind and oblige me my heirs and successors to warrant at all hands and I do hereby make constitute my said Trustees according to the order of priority before expressed and their foresaid my lawful _____? and assigned in and to the rents malls and duties of the said subjects falling due subsequent to the period of the death and also in and to the writs and widows rights titles and securities of the same whole clauses tenor and contents of the same with all that has followed as it Competent to follow thereon Sur____? hereby and substituting my said Trustees according
Wm. Rutherford
Page Eighteenth
According to said priority and their foresaid in my full right and place of the premises for ever Which designation above written I said and oblige myself and my foresaid to warrant is so far as concerns the written and evident at all hands and as to the rents from fact and deed as thy the said Dr Thomas Trotter under the convections and declarations hereafter written hereby revoke all former Deeds of Settlement executed by be and restore my own different right over the whole subjects heritable and moveable before disproved and conveyed also full power during my life to gift dispose of aliemate at dispose away the same of any portions thereof and to cancel after a innovate these presents in whole of in part as I may see proper declaring that in so far as not altered these presents shall
Wm. Rutherford
Page Nineteenth
Shall have the full effect of a delivered deed wherever and in whose hands so ever the same maybe formed at my death as with the not delivery I have dispensed and for ever dispense any law a practice to the contrary notwithstanding declaring also that in the event of these presents becoming reducible as ineffectual through my death an the plea of deathbed as otherwise it shall not have the effect of a revocation of a disposition and Deed of Settlement executed by me bearing date the eleventh day of August Eighteen Hundred and twenty four but the same shall in that event remain in full force as it had previous to this first Disposition and Deed of Settlement being executed by me and I consent to the registration hereof in the Books of Council and refrain on other competent therein to remain for reservation and in needful that all
Wm. Rutherford
Page Twentieth
All execution of the law necessary pass hereon as affairs and to that purpose I constitute My Procurator
Yea further and to the effect my said Trustees and their foresaid may be _____? and seized in the several laws ends those marks and others before disposed the said Dr Thomas Trotter hereby desire and require man And each of Man jointly
And severally my Barlies in that part to the effect after specified that an right hereof the pass to the ground of the said Laws Housed and others before disproved respectively and successively after others and there give and deliver heritable State and Asine actual real and conponal? possession to the said Mrs. Isabella Agnes Dixon a Trotter my House, William Curtis Trotter, Thomas Dixon marr Trotter and Alica Alison Trotter and surving accepters as accepted
Wm. Rutherford
Page Twentyfirst
Accepted of them whom all falling to their nearest heirs as Trustees of Trustee aforesaid of all and whole the several Laws Housed Mans cavils and others with the Laws and pertinent before disposed bying and described in manner foresaid and here held as repeated brevities cause and that by delivery to my said Trustees and their foresaid as to his her or their certain attorney a antimonies in his her a their names bearers hereof of earth and stone of and upon the ground of the said several subjects grass and corn for the said Heirs and all other symbols usual and necessary but in most always for the ends used intents and purposed before written and under the declarations conditions and others foresaid and this in mo way be leave undone the which to do I commit to man and each of and full power by this my right as is directed
Wm. Rutherford
Page Twentysecond
To you for that effect in writings where of these presents consisting of this and the seven preceding pages with the two marginal notes on page first all written upon stamped paper by William Gibon Clark to Ian Carle writes in Melrose are subscribed by me the said Doctor Thomas Trotter at Pilrig Street Leith walk Edinburgh thirtieth day of January Eighteen hundred and thirty two years before these witness John Patt and Peter Hay both merchants Pilrig Street Leith Walk Edinburgh The place and date of signing with the manes and desinationed of the witnesses being inserted by James Brokine writer in Melrose presently residing in Edinburgh signed Thomas Trotter T Trotter
John Scott witness Peter Hay witness
John Scott Witness Peter Hay Witness
Extracted on this and the Twenty one preceding pages of stamped paper by me Henry Clark of said here
Wm. Rutherford
This Will was proved at Durham on the 24th day of October 1832 by Isabella Agnes Trotter of the Town and County of Newcastle upon her widow the Relict of the Testator and the sole executrix for life in the said Will named to whom admen was granted she having been first duly sworn before the Rev Henry Deer rigith Clerk Master of Arts a commissioner in this behalf lawfully appointed well and faithfully to execute and perform the same as usual
Effects sworn under L 300
R Burrell
The Testator was Tate of the Town of Bounty of Newcastle upon Tyne
Joseph Davison
Depy Reg s