Robert Brown / Broun - Last Will and Testament
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There is mention of various sons and daughters in the will and also the Reverend William Buchan, husband of his daughter Jane. There is also mention of an Ann Brown who is married to a William Harper. He does not state his relationship to her, but I would expect it is most likely she is a niece. Here is my reasoning:
I found an entry in the 1883 death registers for Polmont near Falkirk for Anne Harper, 92, daughter of James Brown, upholsterer, and widow of William Harper, bank agent. I found a marriage of William Harper and Ann(e) Brown in Glasgow in July 1816. The minister was from an Independent Church in Falkirk. I found an Anne Brown, born 17th or 27th June 1790 to James Brown and Mary Morison in Falkirk. These findings cohere nicely and would suggest that James Brown may have been an older brother of Robert and father of the Ann Brown wife of William Harper mentioned in Robert's will.
It is interesting also to note that that one of the solicitors involved in his will is a Simon Campbell, that he was involved with a barrister John Campbell in his appeal to the House of Lords, and his second wife (mentioned in the will) is a Margaret Campbell.
George Carphin appears in the role of the Commissary Clerk of Edinburgh and the Depute Clerk of the Commissariot of Edinburgh in various wills of well-known people.
Here is my attempt at a transcription - with many guesses, inaccuracies and probably typos. Below are images you can view showing the original will. [____] signifies parts I cannot read with the numbers of words involved. Please note that there are overlaps in the sections below.
At Edinburgh the sixteenth day of October Eighteen Hundred and Forty Years the following inventory of the personal estate of Robert Brown deceased & [1 word] relative to the disposal thereof were presented by Mr Robert Stodart Wyld Writer to the Signet.
Inventory of the Personal Estate of the late Robert Brown Esqr. residing at No. 55 Inverleith Row Edinburgh who died there on the 17th day of April 1840.
The deceased's household furniture [1 word] bed & table linen books [2 words] at his house No. 55 Inverleith Row valued by Mr John R Forest Licensed Auctioneer and appraiser [2 words] to inventory & valuation dated 7 Octr. 1840 _____________ £243.16.0
A debt due by James Learmonth Saddler Glasgow to whom advances had been made by the deceased to the extent of __________£243.2.11
on this it is thought not more than 2/6 per pound will be recovered _________________ £30.7.[1 word]
Value of deceased estate situated in Scotland £274.3.6
Foreign debts were due to the deceased by the [1 word] of Brown & Company of Sydney New South Wales to the extent of ____________________ £9153.19 [___]
Two shares of the Commercial Bank of New South Wales.
[1 word] Robert S Wyld G. Carphin [1 word]
At Edinburgh the sixteenth day of October eighteen hundred and forty years in presence of George Carphin [1 word] appointed of the honourable the Commissary of [2 words] Robert Stodart Wyld Writer to the Signet one of the Executors nominated by the deceased Robert Brown residing at No. 55 Inverleith Row Edinburgh who [4 words] & examined [1 word] that the [1 word] along with the other Executors, named by the deceased for Scotland [1 word] James Wyld Esquire of Gilston Simon Campbell Solicitor before the Supreme Court and the Reverend William Buchan one of the Ministers of Hamilton have entered upon the [1 word] and management of the deceased's personal estate in Scotland as Executors nominated by him in a Settlement executed by him upon the [1 word] day of April 1840 & requested in the Courts of Session at Edinburgh as a Probitave writ on the 24 day of April 1840 of which Settlement an extract is now exhibited and agreed by the [3 words] and commissioner of this date as [1 word] hereto that the deposement does not know of any settlement in writing relative to the disposal of the deceaseds personal estate and effects or any part of them other than that now excluded & [2 words] Contract of Marriage Contract executed by him and Margaret Campbell his wife who has survived him under which Marriage Contract and the above Settlement she claims the sum of Seventy Five pounds a year for life & while she continues his widow besides her shares of the Commercial Bank of New South Wales and furniture contained in the Inventory & valuation mentioned in the inventory [1 word] of the deceaseds to the extent of one hundred pounds also the whole silver plate which is herein mentioned which is then evalued at forty eight pounds six shillings & three pence sterling [1 or 2 words] wherefrom the silver forks and coffee pot therein valued at fifteen pounds seven shillings & five pence which [2 or 3 words] silver plate to the extent & value of thirty two pounds eight shillings and ten pence that the said Inventory [3 words] is signed by the Deposeur and the said Commissioner as value hereto is a full & true inventory of all the Personal or movable estate and effects of the said Robert Brown wherever situated already recovered or known to be existing belonging or due to him beneficially at the time of his death and that the value of said Estate situated in Scotland is of the value of two hundred pounds & under the value of three hundred pounds all which is [1 or 2 words] shall answer to God and of the foregoing inventory for [1 word] is not required
[1 word] Robert S Wyld G Carphin [1 word].
Follows Extract of Settlement
At Edinburgh the twenty fourth day of April one thousand eight hundred & forty years in presence of the Lords of Council and [1 word] compeared John Hope Esquire Advocate Procurator for Robert Wyld writer to the Signet Inquirer of the Settlement underwritten during the [1 word] to be registered in the Books of Council & [1 word] conform to Act of Parliament [1 word] the Registration of Probitave with which the said Lords ordained to the above accordingly whereof the trust follows of Robert Brown merchant in Leith having resolved in settling my wordly affairs and after mature deliberation have come to the following conclusions that to my three sons John Thomas and William Brown all merchants in Sydney I leave and bequeath the whole of my property of whatever kind and wherever situated subject to the payments of the following annuities and exceptions to Margaret Campbell my wife by Contract of Marriage which lies in the hands of Mr. Simon Campbell of Edin. Seventy Five pounds a year for life or while she continues my widow. To James Brown my eldest son fifty pounds a year for life but without power to sell in any way [1 word] of the [1 word] or let it be attachable by a Creditor. To Mary Brown my daughter one hundred pounds a year for life but thus although & solely for her own maintenance and use not having it in her power to dispose it any way whatever[1 word] she's seen from my desire or purpose of making provision for her for life and I declare that in case the said Mary should marry that this annuity shall not be under the law of [2 words] of her husband whom I exclude. To my daughter Jane wife of the Revd Wm Buchan Minister of Hamilton fifty pounds a year for life and to continue during the life of the said William Buchan should he survive her. To Ann Brown, wife of William Harper Merchant in Glasgow twenty five pounds a year for life and to Catherine Colquhoun of Glasgow long a servant in the family five pounds a year for life. With the exception of Mrs Brown none of these annuitants shall be enabled to call on my Executors for any security for the regular payments of them for five years after my death until then they must submit to the discretion of my sons in Sydney New South Wales and to Mrs Harper & Catherine Colquhoun their sums being small no security will be given they must be satisfied with the responsibility of my sons as residuary [1 word]. To Mrs Brown I leave two shares of the Commercial Bank of New South Wales which were purchased chiefly by her own money but may have fallen to me by the right of marriage and by the Marriage Contract I [1 word] to give her of my purchase to the extent of one hundred pounds the silver plate in the house being with the exception of coffee pot and forks and some other small things being all brought to the house by her I leave to her also with the exception of the coffee pot & forks, these forks & coffee pot I leave to my daughter Mary under the same restrictions as the annuity and these to apply to my legacy to Ann Brown excluding her husband Wm Harper or any body for him from all right of interference whatever. To my son Thomas I leave my books and to William the table clocks. I appoint James Wyld Esq. of Gilston Robert Stodart Wyld Esq., W.S. Ed [____] Simon Campbell SSC Esq of Edin. and the Rev Wm Buchan one of the Ministers of Hamilton as Executors of this my will with my three sons John, Thomas & Wm Brown of Sydney N. S. Wales as Executors for Sydney and the first four named for Scotland. Should Mary my daughter marry then twenty five pounds of her annuity yearly shall fall to my daughter Jane that they may be equal for tis only being differently circumstanced that induced me to make the differences at present and said sum of twenty five pounds shall continue to Mr Buchan should he survive [1 word] this & the two preceding pages in & by my own hand on the first day of April in the year eighteen hundred & forty signed Robert Brown (on the back [1 word] ) To my Executors (initialed) R [1 letter] Extracted fourth of the records of the Court of Session in Scotland where this and the six preceding pages of [1 word] paper [3 words] of the keepers of the [1 word] of Deeds [1 word] conform to Act of Parliament [2 words].
Edinburgh 16 October 1840 This is the Extract of Settlement by the late Robert Brown referred to in my deposition on the Inventory of his personal estate of this date Signed Robert S Wyld --- G Carphin
Images below:
Section a
Section b1
Section b2
Section c1
Section c2
Section d
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