The deed was of an unexpected nature. It set forth with conveying
and disposing all and whole the estate and lands of Singleside and
others, with the lands of Loverless, Liealone, Spinster's Knowe,
and heaven knows what beside, "to and in favours of (here the
reader softened his voice to a gentle and modest piano) Peter
Protocol, clerk to the signet, having the fullest confidence in his
capacity and integrity--(these are the very words which my worthy
deceased friend insisted upon my inserting)--But in TRUST always"
(here the reader recovered his voice and style, and the visages of
several of the bearers, which had attained a longitude that Mr.
Mortcloke might have envied, were perceptibly shortened), "in TRUST
always, and for the uses, ends, and purposes herein
after-mentioned."
In these "uses, ends, and purposes," lay the cream of the affair.
The first was introduced by a preamble setting forth, that the
testatrix was lineally descended from the ancient house of
Ellangowan, her respected great-grandfather, Andrew Bertram, first
of Singleside, of happy memory, having been second son to Allan
Bertram, fifteenth Baron of Ellangowan. It proceeded to state,
that Henry Bertram, son and heir of Godfrey Bertram, now of
Ellangowan, had been stolen from his parents in infancy, but that
she, the testatrix, was well assured that he was yet alive in
foreign parts, and by the providence of heaven would be restored to
the possessions of his ancestors--in which case the said Peter
Protocol was bound and obliged, like as he bound and obliged
himself, by acceptance of these presents, to denude himself of the
said lands of Singleside and others, and of all the other effects
thereby conveyed (excepting always a proper gratification for his
own trouble) to and in favour of the said Henry Bertram upon his
return to his native country. And during the time of his residing
in foreign parts, or in case of his never again returning to
Scotland, Mr. Peter Protocol, the trustee, was directed to
distribute the rents of the land, and the interest of the other
funds (deducting always a proper gratification for his trouble in
the premises), in equal portions, among four charitable
establishments pointed out in the will. The power of management,
of letting leases, of raising and lending out money, in short, the
full authority of a proprietor, was vested in this confidential
trustee, and, in the event of, his death, went to certain official
persons named in the deed. There were only two legacies; one of a
hundred pounds to a favourite waiting-maid, another of the like sum
to Janet Gibson (whom the deed stated to have been supported by the
charity of the testatrix) for the purpose of binding her an
apprentice to some honest trade.
Public-domain text, read in full here on John Shaqi.
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