The deed was of an unexpected nature. It set forth with conveying and
disponing 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
hearers, which had attained a longitude that Mr. Mortcloke might have
envied, were perceptibly shortened) --in TRUST always, and for the
uses, ends, and purposes hereinafter 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 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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