John Thomson's Will
EXTRACT TRUST DISPOSITION AND SETTLEMENT
OF JOHN THOMSON
DECEASED.
ABERDEEN 24 January 1912.
Pntia JOHN CAMPBELL LORIMAR K.C.
PRESENTED BY George Duncan, Advocate in Aberdeen.
SHERIFF COURT, ABERDEEN.
AT ABERDEEN the Twenty-eighth day of November One thousand nine hundred and eleven years the Deed hereinafter engrossed was presented for registration in the Sheriff Court Books of, the County of Aberdeen for preservation and is registered in the said Books as follows:-
I, JOHN THOMSON, Printer, of the Aberdeen University Press, Limited, residing at Brackenhill, Murtle, Aberdeenshire being desirous of settling the succession to my means and estate after my death Do hereby Assign, Dispose, and Bequeath to William Murison, County Clerk of Aberdeenshire- Alexander Johnston, Wholesale merchant, Aberdeen, John Robertson, Manager in Aberdeen of the Northern Assurance Company Limited; my sons George Lawrence Thomson and the Reverend Alexander Hay Thomson and my son-in-law Henry John Gray, Advocate in Aberdeen and failing the said Henry John Gray, George Duncan, Advocate in Aberdeen and any other person or persons whom I may hereafter appoint or who may be assumed into the Trust hereby created and to the acceptors or acceptor survivors and survivor of them (declaring that the said William Murison, Alexander Johnston, John Robertson, George Lawrence Thomson, Alexander Hay Thomson and Henry John Gray whom failing the said George Duncan and their foresaids are hereinafter referred to as “my Trustees”) and to the Assignees of my Trustees the whole means and estate heritable and moveable real and personal of what kind soever and wherever situated which shall belong to me at the time of my death and all means and estate of which I may at my death have the power of disposal together with the writings and securities and the income produce and proceeds thereof: And I appoint my Trustees to be my Executors; And I hereby declare that there fall to be included in my said means and estate of which I have the power of disposal the following shares at present registered in the name of my wife Mrs Elspet Stuart or Thomson viz:- One thousand preference shares and nine hundred and fifty five Ordinary shares both of the said Aberdeen University Press Limited and thirty one Shares of the North of Scotland and Town and County Bank Limited; And I declare that my said wife shall be bound when required by my Trustees to execute a Transfer of said shares in favor of them or their nominees; and in as much as I have at various times made over to various of my children certain shares viz: to my son the said George Lawrence Thomson One thousand preference shares and one thousand nine hundred and sixty-five Ordinary Shares of the said Aberdeen University Press Limited and Sixteen shares of the North of Scotland Equitable Loan Company; to my son the said Alexander Hay Thomson Twenty shares of the Union Bank of Scotland Limited; Twenty seven shares of the North of Scotland Equitable Loan Company and One thousand preference shares of the said Aberdeen University Press Limited; to my daughter Mrs Nora Bella Thomson or Rice One thousand Preference Shares and One thousand Ordinary Shares both of the said Aberdeen University Press Limited; to my daughter Mrs Mary Thomson or Mackenzie One thousand preference and One thousand Ordinary shares both of the said Aberdeen University Press Limited; to my daughter Mrs Elsie Thomson or Gray One thousand preference Shares and One thousand Ordinary Shares both of the said Aberdeen University Press Limited and sixteen shares of the said North of Scotland Equitable Loan Company: to my daughter Mrs Decima Thomson or Jamieson One thousand preference Shares and One thousand Ordinary shares both of the said Aberdeen University Press Limited, Twenty one shares of the said North of Scotland Equitable Loan Company and twenty shares of the said North of Scotland and Town and County Bank Limited I direct that the said children other than the said Mrs Nora Bella Thomson or Rice shall be bound if requested by my Trustees and as a condition of their participating in the residue of my said means and estate as hereinafter provided to pay over to my Trustees during the survivance of my said wife the dividends accruing on said shares made over to them respectively or the monetary equivalent thereof or such proportion or proportions thereof as my Trustees may require; but I direct my Trustees to call on the said children to make such payments only in the event of the free annual income of the residue of my said means and estate being insufficient to meet the annuity and other annual provisions hereinafter made for my said wife and only to the extent to which such payments are necessary to allow my trustees to pay the said annuity and to make the said annual provisions without encroaching on Capital; And I declare that any of my said children who fail to make such payments as my Trustees shall require in terms hereof shall forfeit for themselves and their issue all their rights and interests in my said means and estate under these presents; declaring always, however, that such forfeiture shall not be enforced as regard such of the said children as my Trustees may in their sole discretion consider to be unable to make such payments;
And I declare that these presents are granted in trust only and for the ends uses and purposes following viz:-
In the first place for payment of my debts and funeral expenses and the expenses of executing this Trust;
In the Second Place, I direct my Trustees to pay as soon as possible after my death a legacy of One hundred pounds sterling to my said wife for mournings for herself and such of our children as may be living in family with us at the date of my death;
In the Third Place I direct my Trustees to deliver the following legacies viz:- To the said William Murison my set of Charles Lever's Novels in twenty seven Volumes; to the said Alexander Johnston my set of Thackeray's Works in twenty Volumes; to the said John Robertson my set of the Publications of the New Spalding Club; and to the said Alexander Hay Thomson my set of Macaulay's Works in Twelve Volumes; Lord Chesterfield's Letters in three volumes, and the Political History England in twelve volumes; And I direct my Trustees to deliver to my grandson Ralph Aidan Gray Thomson on his attaining the age of Twenty one years complete all my personal Jewellery including my diamond ring, studs, watch and chain sleeve links pins etc;
In the Fourth Place I direct my Trustees to pay to my said wife during her life a free annuity of Six hundred pounds Sterling as from the date of my death at such periods during the year and in such proportions as my Trustees may find most suitable and convenient: And further I direct my Trustees to give to my said wife the liferent use of my dwelling house at Brackenhill aforesaid and of the whole household furniture bed and table linen, plate china books (other than those books hereinbefore bequeathed) pictures ornaments, carriages motor cars and whole plenishing outside and inside which may be in or about my said dwelling house at the date of my death And I further provide that my Trustees shall pay during the period of the liferent hereby provided to my said wife all rates and taxes feuduty and interest, fire insurance premiums repairs and all other annual burdens pertaining to the ownership and occupancy of my said house furnishings and others; And also I direct my Trustees to pay and free and relieve my said wife of all Income Tax that may be exigible from her in respect of the said annuity and other provisions in her favor: And I declare that the provisions before written in favor of my said wife shall be strictly alimentary and shall not be assignable by her or subject to her debts or deeds or to the diligence of her Creditors; And I further declare that the said provisions in her favor shall be in full satisfaction of all legal claims competent to her on my decease by way of terce jus relictae or otherwise; And I provide that any surplus revenue of the Trust Estate shall after making the foregoing provisions for my said wife be accumulated by my trustees and dealt with as part of the residue of my means and estate as hereinafter provided:
In the Fifth Place on the death of my said wife I direct my Trustees to pay the following legacies viz:- One hundred pounds Sterling to the Trustees of the Royal Aberdeen Hospital for sick Children; and One hundred pounds Sterling to the Reverend mother of Nazareth House Aberdeen for the purposes of that Institution:
In the Sixth Place On the death of my said wife I direct my Trustees to deliver to the Town Council of Aberdeen or the Art Gallery Committee thereof my picture of St. Francis and the Angel by Cignoli and also my portrait of Gertrude Jamieson by Herdman which was presented to her by the late Alexander Macdonald of Kepplestone both to be placed and retained in the Aberdeen Art Gallery for all time coming: And I further direct my Trustees on the same event to deliver to the Rector of Blairs College near Aberdeen my picture of St. Francis with the Stigmata, also by Cignoli to be hung in Blairs College aforesaid for all time coming; and also I direct my Trustees on the same event to deliver to the University Court of the University of Aberdeen my portrait of one of the early Kings of Scotland which is at present hanging in my sanctum at Brackenhill aforesaid to be hung in the University Buildings for all time coming:
In the Seventh Place on the death of my said wife or on my own death should she predecease me I direct my trustees to pay over to the said University Court the sum of Two thousand pounds Sterling to be held and applied by the said University Court for the purpose of establishing and maintaining in connection with the said University for all time coming a Lectureship in memory of my dear son the late John Farquhar Thomson M.A., who was First Bursar in his year in Arts at said University, and I declare that this bequest shall be accepted and held by the said University Court for the purposes and subject to the conditions following:- (First) The subject of the said Lectureship shall be "The Structure and Functions of the Human Body" and I establish the said Lectureship for the special purpose of affording information to young persons as to the due care of the body in early life with a view to its healthy development and the prevention of its abuse by intemperance etc: (Second) The University Court shall yearly appoint a member of the University Teaching Staff to hold the said Lectureship and discharge the duties thereof; (Third) The duties of the said Lectureship shall be the delivery during the Winter Session in each year of such number of Lectures on the said subject as the University Court on the recommendation of the Senatus shall fix when appointing the Lecturer in each year; (Fourth) The University Court shall pay to the Lecturer so appointed the free revenue of the said sum of Two Thousand pounds for the year of his appointment; and (Fifth) The said Lectures shall be delivered in the University Buildings at Marischal College and shall be open, without fee, to the public;
As has been previously stated, the late Mr. John Thomson, Aberdeen University Press, bequeathed £2,000 to the University for the establishment of a lectureship on " The Structure and Functions of the Human Body," the lectureship to be called "The John Farquhar Thomson Lectureship," in memory of his late son, John Farquhar Thomson, who was a very distinguished student at the University and graduated M.A. in 1886 ; he died three years later. The first series of lectures was delivered in the Anatomy Theatre on Saturday evenings during the recent academic term, the first lecturer being Professor R. W. Reid, of the Chair of Anatomy. The course extended to six lectures. The lectures are open to the public, and are intended more particularly for the purpose of affording information to young persons as to the due care of the body in early life, with a view to its healthy development and the prevention of its abuse by intemperance.
From the Aberdeen University Review, Volume VIII 1920-21
In the Eighth Place In the event of my son the said George Lawrence Thomson surviving me and my said wife I direct my Trustees to convey and make over to him and his heirs and assignees on the death of the survivor of myself and my said wife the heritable property feued or acquired by me from William Dunn of Murtle and known as ”Brackenhill" together with the dwelling house and whole other buildings erected on said property and the whole household furniture bed and table linen, plate, china, books, pictures, ornaments, carriages, motor cars, and whole plenishing outside and inside which may be in or about the said dwelling house at the date of my death but excepting always the legacies of books pictures and others herein bequeathed; And I declare it to be my wish that the said George Lawrence Thomson shall after the death of my wife personally occupy the said dwelling house at Brackenhill and maintain it and the grounds surrounding it in the same manner as I myself have done;
And Lastly On the death of the survivor of myself and my said wife I direct my Trustees to divide the whole residue of my estate that may remain after satisfying the foregoing purposes into twenty equal shares and to pay and hold the same to and for my family in the following proportions viz:- To my son the said George Lawrence Thomson I direct my Trustees to pay four of such shares; to my son the said Alexander Hay Thomson I direct my Trustees to pay three of such shares; to my son Joseph Thomson, Printer in Edinburgh I direct my Trustees to pay two of such shares less any sums I may have advanced to him or which I or my Trustees may have had to pay in satisfaction of any cautionary obligations entered into by me for him; to my daughter Mrs Nora Bella Thomson or Rice I direct my Trustees to pay two or such shares and to my daughter Mrs Mary Thomson or Mackenzie I direct my Trustees to pay two of such shares; and I direct my Trustees to hold four of such shares for the liferent use of my daughter Mrs Decima Thomson or Jamieson and to pay her the free annual produce and revenue thereof during all the days and years of her life and that half yearly and termly at two terms in the year Whitsunday and martinmas by equal portions; and in the event of the said Mrs Decima Thomson or Jamieson dying survived by lawful issue I direct my Trustees to pay the amount of said four shares to such issue equally between them if more than one and in the event of the said Mrs Decima Thomson or Jamieson dying without leaving lawful issue I direct that said four shares, liferented by her shall on her death fall back into residue and be held by my Trustees for my other children and their issue in proportion to the shares of residue hereby provided for such children and issue and subject to the same conditions in all respects as the original shares of residue falling to be paid to or held for such children and their issue in terms hereof; And I direct my Trustees to hold the remaining three of such shares for the liferent use of my daughter Mrs Elsie Thomson or Gray and to pay her the free annual produce and revenue thereof during all the days and years of her life and that half yearly and termly at two terms in the year Whitsunday and Martinmas by equal portions; and in the event of the said Mrs Elsie Thomson or Gray dying survived by lawful issue I direct my Trustees to pay the amount of said three shares to such issue equally between them if more than one; and in the event of the said Mrs Elsie Thomson or Gray dying without leaving lawful issue I direct that the said three shares liferented by her shall on her death fall back into residue and be held by my Trustees for my other children and their issue in proportion to the shares of residue hereby provided for such children and their issue and subject to the same conditions in all respects as the original shares of residue falling to be paid to or held for such children and their issue in terms hereof: And I declare with reference to the above provisions of residue in favor of my children (1) that the interests of my children the said George Lawrence Thomson, Alexander Hay Thomson, Joseph Thomson, Mrs Nora Bella Thomson or Rice and Mrs Mary Thomson or Mackenzie in the said residue shall not become vested rights in them until the arrival of the period of payment thereof to them; (2) That if any of my children the said George Lawrence Thomson, Joseph Thomson Mrs Nora Bella Thomson or Rice and Mrs. Mary Thomson or Mackenzie predecease the period of vesting and payment of their shares of residue leaving lawful issue such issue shall be entitled equally among them (if more than one) to the share whether original or accrescing as hereinafter provided which their parent would have taken if alive- (5) In the event of any of my children the said George Lawrence Thomson, Alexander Hay Thomson, Joseph Thomson, Mrs Nora Bella Thomson or Rice and Mrs Mary Thomson or Mackenzie predeceasing the period of vesting and payment without leaving lawful issue the share or shares which would have fallen to such predeceasing h child or children shall accresce and be payable to or held for behoof of the survivors or survivor of my whole children and conditions as regards payment of fee and liferent as the original shares applicable to and provided for them respectively; And I provide and declare that the liferents hereby provided to the said Mrs Decima Thomson or Jamieson and Mrs Elsie Thomson or Gray shall be alimentary merely and shall not be assignable by them nor subject to their debts or deeds or to the diligence of their Creditors; And I further provide and declare that the whole provisions herein contained so far as in favor of or descending upon females shall be for their separate use and exclusive of the jus mariti right of administration and curatorial powers of their respective husbands; And in regard to the shares of said residue falling to my son the said Alexander Hay Thomson I desire that he should apply the same as far as necessary either during his life or by a Mortis Causa Settlement for the benefit of any of his nephews or nieces who may require assistance; And I specially provide and declare that the foregoing bequests of shares of residue to my children and their issue shall be exclusive of the shares of Companies which I have already made over to my children as aforesaid; declaring as I do that such shares of Companies are not part of the residue of my estate but the separate property of the children in whose names they are registered; And I hereby declare that the provisions which l have hereby made in favor of my children shall be accepted by them in full satisfaction of all legitim, bairns part of gear or executry competent by law to them or any of them; And I further provide that in the event of any of my children claiming his or her legal rights or raising any action or legal proceeding against my Trustees in connection in any way with the succession to my means and estate he or she shall forfeit all his or her right interest and benefit under these presents and further all rights interests and benefits under these presents which would otherwise have fallen to the issue of any child claiming his or her legal rights or raising action as aforesaid shall also forfeited - all which forfeited rights interests and benefits shall thereupon accresce to the other beneficiaries or beneficiary accepting and abiding by the terms of these presents and the provisions hereby made in the same manner for the same interests of liferent fee or otherwise and on the same conditions as the other provisions in their favor hereby made; And I provide and declare that my Trustees shall in addition to the powers and immunities conferred or which may be conferred on gratuitous Trustees by Statute (which powers and immunities I declare they shall all have notwithstanding the legacies hereinbefore bequeathed to some of them) have the fullest power of and in regard to the realisation, investment, administration, management and division of my estate just as if they were the beneficial owners thereof; and particularly but without prejudice to the said generality they shall have the following powers all to be exercised or not and if exercised then at such time and in such manner as to my Trustees in their uncontrolled discretion shall seem proper viz:- To sell and otherwise realise the Trust Estate as also to compromise all matters and claims in which the trust estate is interested or to settle the same by arbitration or advice of counsel; as also to accept part for the whole and to give time to debtors purchasers and others with or without security; As also to settle and pay out the amount of the shares of the beneficiaries of my estate either by conveying a portion or portions of the estate to them or by paying their shares in money or partly in the one way and partly in the other as to my Trustees in their uncontrolled discretion may seem proper and upon such valuation or estimate of the amount and fair value of the estate or any part or parts thereof as my Trustees shall deem fair whether made by themselves or others: as also to appoint any one of their own number or other suitable person to act as Factor and Law Agent in the trust and to allow him although a Trustee the same professional remuneration to which he would have been entitled if he had not been a Trustee for which Factor and Law Agent my Trustees shall not be liable; and my Trustees shall be bound only to act honourably and they shall not be liable for omissions or errors or to do diligence further or otherwise than as they think fit nor singuli in solidum but each for his own actual personal intramissions only and each shall be liable to account only for the funds actually received by himself and not for any funds which he may have authorised a co-trustee factor or agent to receive; and any Trustee who shall pay over to a co-trustee, factor or Agent or shall do or concur in any act enabling such co-trustee, factor or agent to receive any moneys for the general purposes of the Trust or for any definite purpose, shall not be responsible for any loss resulting from his failure to see to the due application of the funds entrusted to such co-trustee factor or agent; and no Trustee shall be liable for any loss or depreciation happening to the Trust or the beneficiaries by or through the insufficiency, deficiency or invalidity of any property security or investment or any title acquired by or belonging to the Trust Estate or in or upon which any funds of the Trust Estate shall be invested nor for the insolvency or default of debtors or securities given by them or of purchasers or others nor for any loss depreciation or deficiency whatever; which shall happen through his actings or omissions or default or in any way whatever unless such loss depreciation or deficiency shall happen through-his own actual wilful fraud and that without limitation by reason of anything herein contained or otherwise; And it is hereby declared that persons transacting with my Trustees shall have no concern with the purposes of this Trust nor with the application of any money paid to my Trustees all persons being in all respects fully exonered and discharged by the receipts discharges or other deeds or writings to be granted by my Trustees; And I appoint the said William Murison, Alexander Johnston, John Robertson, George Lawrence Thomson, Alexander Hay Thomson and Henry John Gray Whom failing the said George Duncan to be Tutors and Curators to any of the beneficiaries under these presents who may be in pupillarity or minority;
And I revoke all former Testamentary writings made by me; And I consent to registration; In Witness whereof I have subscribed these presents written upon this and the six preceding pages by Peter Stewart, residing in Aberdeen Clerk to Morice and Wilson, Advocates there, at Aberdeen on the Twenty seventh day of October Nineteen hundred and ten before these witnesses Robert William Reid M.D., F.R.C.S., Professor of Anatomy in the University of Aberdeen and Donaldson Rose Thom Advocate in Aberdeen, Secretary of the Senatus and University Court of said University.
(Signed) John Thomson