John Tullideph 1738* – 1815

John Tullideph (circa 1738 – March 15th 1815)

Reference TULLIDEPH JOHN 17/10/1823 ESQ., OF KILMUX; D. AT ST ANDREWS; SPOUSE OF JEAN GALL INVENTORY, EXTRACT TRUST DISPOSITION AND DEED OF SETTLEMENT ST ANDREWS COMMISSARY COURT CC20/7/15

Transcription of John Tullideph’s will

Page 1]  At St. Andrews the Seventeenth day of

October Eighteen hundred and Twenty

Three in presence of Robert Low

Esquire of Clatto Commissory of St. And

rews compeared Mr. James Stark

Writer in Cupar as procurator for

John Cook after designed and gave

in the Inventory Extract Trust Disposition and Deed of Settlement

Page 2]   underwritten desiring the same might

be recorded in the said Commissary

Court books in terms of the Act of Par

liament Which desire the said Commiss

ary found reasonable and ordained

the same to be done accordingly whereof

the tenor follows –

Inventory of the Personal Estate of John

Tullideph Esquire of Kilmux who died at St.

Andrews the 15th day of March 1815.

  1. Arrears of Rent Crop 1814                                                                 £279.6.1
  2. Produce of Roup of Stocking and farm

    Utensils                                                                                           £71.16.8

  1. Principal Sum in Assignation by the

    Turnpike Trustees on the Kirkcaldy Dis

     trict of Roads to the deceased dated 

     17th June 1799                                                           £58 ,,  ,,

     Interest due thereon                                                   2 12 ,,          £60. 12. ,,

  1. Ditto on assignation by the Trustees

    for making and repairing the roads

    in the County of Fife, to the deceased

    dated 8th April 1801                                                  £69. 2. 5

    Interest due thereon                                                  14.15.6          £83.17. 11

  1. Interest due on Heritable Bond by John

    Knight Baker in Edinburgh to the deceased

    dated 22nd May 1781 and registered in the

    Town Court Books of Edinburgh the 26th

    day of January 1802                                                                       £2. 12.7

 

  1. The deceaseds household furniture Ap

    Praisement by Robert Carmichael

    St. Andrews                                                                                    £162. 15. 3

 

Value of Estate in Scotland                                                                £661.  ,,   6

Signed John Cook Charles Grace Commissiaries

Page 3]  At St. Andrews the Seventeenth day of October

Eighteen hundred and Twenty three in

presence of Charles Grace Commissary Clerk

of St. Andrews Commissioner appointed for

taking the following oath

Compeared Dr. John Cook Professor of

Divinity in St. Marys College St. Andrews who

being solemnly sworn and examined depones that

John Tullideph Esquire of Kilmux died at St. Andrews

on the fifteenth day of March Eighteen hundred

and fifteen and the deponent along with Patrick 

Small Heir of Kindrogan Esquire Advocate and

the now deceased Mrs Tullideph of Kilmux and

Dr George Hill Principal of said St. Marys College

entered upon the possession and management

of the said deceaseds personal estate and effects

as Executors nominated by him in a Trust Dis

postion and Deed of Settlement bearing date

the Twenty fourth day of November Eighteen hundred

and Eight and recorded in the Sheriff Court

Books of Fife the Twenty Ninth day of March

Eighteen hundred and fifteen an extract of which

is now exhibited and signed by the deponent and

the said Commissioner as relative hereto that the

deponent does not know of any Settlement or

Writing relative to the disposal of the deceaseds

personal Estate or effects or any part of them other

than that now exhibited that the foregoing

Inventory which is signed by the deponent and

the said Commissioner as relative hereto is a full

and complete Inventory of the personal estate

and effects of the said deceased wheresoever

situated and belonging or due beneficially to the

deceased at the time of his death in so far as the

Page 4] same  has come to the deponents knowledge and

that the value of said Estate situated in Scotland is

of the value of Six hundred and under the value of

Eight hundred pounds Sterling.  All which is

truth as the deponent shall answer to God Signed

John Cook Charles Grace Commissioner

Trust Disposition & Deed of Settlement By John Tullideph

At Cupar the Twenty Ninth day of March

Eighteen hundred and Fifteen years in presence

of John Anstruther Esquire Advocate Sheriff Depute

of Fife Compeared James Stark Writer in Cupar as

procurator for John Tullideph Esquire after designed

and gave in the Trust Dispostion and Deed of Settle

ment underwritten desiring the same might be in

serted and registered in the Sheriff Court Books of

Fife in terms of and conform to the Clause of Regis

tration therein contained and after inserted which

desire the said Sheriff Depute judging reasonable he

ordained the same to be done accordingly whereof the

tenor follows – Know all men by these presents that

I John Tullideph Esquire of Kilmux For the love

favour and affection which I have and bear to Mrs

Jean Gall or Tullideph my Spouse and my other

relations aftermentioned and in consideration of

the confidence which I repose in the persons after

named whom I name as Trustees for the uses

ends and purposes aftermentioned  Have disponed

assigned and made over as I by these presents but

with and under the burdens provisions conditions de

clarations power and faculty underwritten Give

Grant Assign and Dispone from me my heirs

and successors to and in favours of the said Mrs.

Jean Gall or Tullideph my wife while she remains

my widow, Dr George Hill principal of Saint

Page 5] Mary’s Colledge in the University of Saint Andrews

Doctor John Cook Professor of Divinity in that Uni

versity Patrick Small Esqr of Kindrogan Advocate

and James Dalgliesh of West Grange and the Sur

vivors or Survivor of them accepting and their Assignees

as Trustees for the ends uses and purposes aforementioned

/any two of them being hereby declared a quorum) and

In case only one of my said Trustees shall accept

and Survive then and in that case to the acceptor

and Survivor All lands heritages and real Estate of

every kind presently belonging or which shall belong to

me at the time of my death with the whole writs

and evidents thereof conceived in favors of me or my

predecessors or authors And also my whole moveable

Estate Goods and Gear whatsoever together with all

debts and sums of money due and owing or that

shall be owing to me at the time of my death by

any person or persons by Bond, Bill, Tach, Ticket

acompt or any other manner of way with the Vouchers

and Instructions thereof and all that has followed

or may be competent to follow thereon:/  the whole

of my household furniture Bed and Table linen

Silver Plate heirship moveables included and

cloth cut and uncut that shall belong to me at

my death I hereby convey to my said Wife which

is here excepted) And particularly without prejudice

to the foresaid generality All and Whole the Lands

of Easter Kilmux and Lands of Collieston with the

Towers Fortilices Manor places Houses Biggings Yards

orchards Annexis Connexis parts pendicles privi

ledges and pertinents of the same whatever lying

formerly within the Barony of Kilconquhar and

now within the Barony of Methel and Sherriffdom

of Fife And All and Heaill the Temple

Page 6] Lands of Collieston with the houses biggings lofts

Crofts pasturages and pertinents of the same lying

within the parish of Scoonie and Sherriffdom foresaid

with the seat in the Church and Burying place in

the Church Yard of Scooie belonging to the said lands

All and Haill that Tenement of Land high and

laigh under and above with the yard and pertinents

lying upon the West Side of the Castle Wynd of the City

of Saint Andrews bounded betwixt the Tenement

of the heirs of Umquhile James Pride at the South

As also All and Heaill That Tenement of Land

or dwelling house high and laigh back and fore with the

pertinents thereto belonging lying within the City of

Saint Andrews in that Street commonly called the

Castle Wynd bounded by the tenement of Thomas Linthrows

Heirs on the South Vc  As also All and Haill that fore

tenement of land high and laigh with the pertinents

lying within the City of Saint Andrews upon the North

Side of the North Street thereof bounded betwixt the

Tenement belonging to the deceased James Allan at

the East Vc As also All and Haill that other tenement

of Land now demolished and turned into a yard

with the yard and haill pertinents thereto belonging

lying upon the North Side of the said North Street

and bounded betwixt the Tenement and Yard

sometime pertaining to the heirs of Patrick Lin

throw thereafter to Thomas Gregory and now to myself

at the East Vc  And also All and Haill That yard

with the pertinents lying at the North end of the

Castle Wynd in Saint Andrews and on the West

Side thereof bounded betwixt the said Castle Wynd

At the East, the Scoves at the North Vc all which

Subjects lying in Saint Andrews are more par

ticularly bounded and described in the Rights

Page 7] and Infeftments thereof And also not only

the remaining balance of three hundred pounds Sterling

contained in and due by an heretable bond dated

Twenty Second May Seventeen hundred and Eighty

one granted by the late john Knight Baker in Edin

burgh in my favors with the interest due thereon

and liquidate penalty effeiring to the said remaining

principal Sum with the said heretable Bond itself

and Instruments of Sasine following thereon dated

and recorded in the Burgh Court Books of Edinburgh

the same day and all clauses therein contained

processes of mails and duties and others following

thereupon But also the Annual rent right and

the third and fourth Stories of a land of houses

lying near the Nether Bow of Edinburgh in the

Garrets and Cellars belonging thereto all as contained

in the said Heretable Bond but under redemption

as therein mentioned together with all right title

interest claim of right property and possession which

I my predecessors or authors had have or can pretend

to the lands Subjects and others generally and

particularly before disponed  But declaring

hereby that these presents are granted by me in Trust

only for the use and behoof of the said Mrs Jane Gall

or Tullideph my Spouse, Mrs Helen Tullideph or Jobson

my sister Relict of the late Mr James Jobson Minister

of Errol Mrs Alison Tullideph or Thomson my other

sister Relict of the late Mr James Thomson Minister

Kingoldrum in liferent as aftermentioned and my

nephews and nieces and Grand Nephews and grand

nieces aftermentioned in forty equal parts or shares

in fee as under written And for that purpose thereby

appoint and ordain the haill premises hereby

conveyed to be sold and disposed of in manner

Page 8] after mentioned And the one half of the free

income after paying all my debts Vc whether

the said Lands and Subjects are then sold and

converted into money or not / I ordain to be liferented

by the said Mrs Jean Gall or Tullideph my Spouse

if she survive me during her lifetime and the other

half of the said free income to be liferented by the

said Mrs Helen Tullideph or Jobson and Mrs Alison

Tullideph or Thomson my said two sisters equally

betwixt them share and share alike if they shall

survive me during their respective lives or longest

liver of them and failing any one of my said Sisters

the said half to the Survivor of them during her life

before any division takes place And upon the death

of the said Mrs Jean Gall or Tullideph my Spouse

if she survive me who besides the foresaid half is to

liferent the whole foresaid subjects in Saint Andrews

and upon the death of my said two Sisters if they

survive me who only liferent in the foresaid events

the half og my whole other property I hereby appoint

and ordain the haill free premises when converted into

money to be divided into forty equal parts or shares and disposed

of as follows Viz. To each of Charles Thomson Alison Elizabeth

 and Anne Bisset Children of the late Doctor Thomas

Bisset Minister of Logierait their heirs and Assignees one

fortieth and an half part or share But declaring that

the said Ann Bissets fortieth and an half share or part

failing lawful heirs of her own Body to be only liferented

by her and the principal sum to devolve to her Brother

Adam Bissets children aftermentioned equally among

them and Survivors of them To Miss Alison Jobson daughter

of the said Mr James Jobson and Mrs Helen Tullideph

or Jobson her heirs and assignees one fortieth and an

half part or share To George Hutton Son of the late Mr

Page 9] Andrew Hutton Minister of Kilmeny one fortieth

and a half part wich are under the direction of Miss

Cecilia Hutton his sister to be liferented by him

during his life and the principal sum to be devolved

to his Children at his death equally among them

or Survivors or Survivor of them their heirs and assignees.

To the said Miss Cecilia Hutton her heirs and assignees

five fortieth and an half parts or shares with a recom

mendation to her to communicate a fortieth part or

share to each of her two Brothers Thomas and David

Hutton if in life at my death and when due in cases

she shall think proper and prudent so to do and in

such proportions as she shall think advisable And to

each of Alexander Thomas John James Adam Robert

Weir Alison Ann Mary Agnes and Jean Bisset lawful

children of Adam Bisset Merchant in Leith eldest

Son of the said Doctor Thomas Bisset and to any other

child or children to be procreated by this or any future

marriage he may enter into twenty four fortieth

parts or shares to be divided equally and proportionally

among them share and share alike or Survivors or Sur

vivor of them and their respective heirs and assignees

Providing always that my said Trustees or quorum

or Survivors of them shall be obliged to denude them

selves of my said Estate and Effects or the proceeds

thereof when converted into money at the periods

and in manner aftermentioned under the burden

of any debts due by me to and in favors of the persons

respectively above written then to be in the right thereof

in forty equal parts or shares as above divided and

disposed of Providing also that my said Nephews

and Nieces and Grand Nephews and Grand Nieces

above mentioned shall not be entitled to intromit

with or demand any part of their several shares of

Page10] my Estate and Effects before conveyed until converted

into money and until the death of my said Wife or

two Sisters and until they either are of have arrives

at the age of Majority or Twenty one years complete or are

married whichever of these events shall first happen

when they shall be entitled to one half and at the

death of my said Wife and both my sisters the other

half Except the interest of the several respective parts

or shares aforesaid when respectively due to my grand

Nephews and Grand Nieces and such reasonable

part of the principal sums for their support education

clothing or putting them to business at home or abroad

as my said Trustees or Quorum or Survivor of them accepting

shall think proper and reasonable which they are

hereby authorised to fix and allow And whenever

it shall happen after my death and the death

of my said Wife and two Sisters if they survive me

that any of my said Grand Nephews or Grand Nieces

who are presently under age shall arrive at majority

or be married then my said trustees or quorum of them

or Survivor accepting shall be obliged to denude them

selves of this Trust (under the burden of any debts

due by me) in so far as respects the proportion of

my means and estate falling to such Grand

Nephew or Grand Niece and his or her heirs and

assignees in manner and in the events above men-

tioned Which Deed of Trust and the lands Subjects

and effects hereby made over Thereby burden in the

payment of all my just and lawful debts due

and owing by me at the time of my death and of

my death bed and funeral expences and expences

of executing this Trust And these provisions to my

said Wife and Sisters Nephews and Nieces and

Grand Nephews and Grand Nieces are and shall be

Page 11] accepted of by her and them in lieu and place

of any provisions contained in our Contract of

Marriage therein provided to my said Wife

Bond or Provision in her favours and in full of

all terce of land third or half of moveables legitim

portion natural  Executry or others whatever she or

they can ask or claim in and through my death

or by virtue of our foresaid Contract of Marriage

Bond or Annuity or any manner of way whatever

and moreover hereby empower my said Trustees

or Quorum of them or Survivor accepting and their

foresaids to Sell and Dispose of all or any part of

my said heritable and maneable subjects hereby

conveyed to them at such prices as they may judge

proper and that either by a private Sale or publick

roup as they shall judge best and at whatever

time  shall appear to them to be the most expedient

and proper And for that purpose to execute Articles

of Roup or Minutes of Private Sale with such

person or persons as may be willing to purchase

my said herdable or moveable Subjects:  And there

after to grant Subscribe and deliver to the said pur-

chasers ample and legal Dispositions Conveyances

or other units necessary containing the usual clauses

for establishing the rights thereof absolutely and

irriedeemably in the persons of the said purchasers

binding me and m heirs in absolute warrandice

of the said purchasers and of the Minutes of Sale

conveyances Dispositions and Infeftments of the same

As also to take and receive from the purchasers such

securities for payment of the price to my said

Trustees or quorum of them or Survivor accepting and

at such terms of payment as they shall judge

sufficient and proper and to uplift and discharge the

Page12] price or prices thereof and produce of my said

Estate and effects Declaring that the purchasers

shall be no ways concerned with the application of

the price or prices but be fully exonered by the

simple Discharge of my Trustees or Quorum or Sur-

vivor of them accepting And with power to my

said Trustees or quorum of them accepting or Sur-

vivor to apply the Money arising there from either

upon interest from Bankers or others buying proper

at the time for answering the purposes of this Settle-

ment And further thereby authorise and empower

my said Trustees or quorum of them or Survivor accepting

if they think proper to assume any person or persons

by a writing under their hands to be joined with

themselves as Trustees in the management of the

affairs committed to their care by this Deed.

Declaring that such Trustees so to be assumed shall

have the same powers and privileges vested in them

as are hereby vested in my Trustees before named

And for my said Trustees their further encouragement

to accept of this Trust I hereby authorise and empower

them or quorum or Survivor of them accepting to no-

minate and appoint factors one or more under

them with such Salaries as to them shall seem proper for

 any space not exceeding five years And lastly

I hereby declare that the said Trustees shall not

be liable for omissions of any kind or for Insolvency

of Factors or others whom they may have occasion

to employ for uplifting any sums of money or

disposing of any of my Estate or effects nor for the

Page13] Insolvency of any person to whom they may lend out

or lay out any sums of money for answering the ends

and purposes of this Trust nor shall they be answerable

for the Intromissions of one another but each of them

allenarly for his or her own actual intromissions

in virtue here of In which lands and other Sub-

jects above disponed I Bind and Oblige myself

and my heirs to infeft and sease my said Trustees

and the Survivors or Survivor of them and such other

person or persons as they or their quorum or Survivor

of them accepting shall assume into the said Trust

in manner before mentioned In Trust for the ends

uses and purposes before mentioned and that by

two several Infeftments and manners of holding

the one thereof to be holden of me and my foresaids

in free cleuch farm for payment of a penny Scots

money upon any part of the ground of the foresaid

Lands and others at the term of Whitsunday yearly

if asked and only then other of the said infeftments

to be holden from us of and under our immediate lawful

Superiors thereof as freely as I hold the same myself

and that either by Resignation or Confirmation

or both the one without prejudice of the other and

for completing the said infeftment by Resignation

I hereby Nominate Constitute and Appoint and each

of them jointly and severally my lawful procurators

giving hereby and committing to them full power

for me and in my name to Resign and Surrender

as I hereby Resign and Surrender Up give and

Over give All and Whole the foresaid Lands of

Easter Kilmux Collieston and Templelands of

Colliestion and respective Subjects in Saint Andrews

And also the proportion of the foresaid Annual rent

Page 14]  effeiring the said balance of the said principal

Sum and the third and fourth Stories of the foresaid

Land of houses lying near the Nether Bow of Edinburgh

with the Garrets and Cellars belonging thereto All above

described and before disponed and here held as repeated

brevitatis causa In the hands of my immediate

lawful Superiors of the same or of their Commissioners

in their names having power to receive Resignations

amd thereupon to grant new Infeftments In favors

and for new Infeftments of the same to be made

give and granted to my said Trustees and the

Survivors or Survivor of them and to such other

person or persons as they or a quorum or Survivor of

them accepting shall assume in the said Trust as

before mentioned But in trust always for the

uses ends and purposes and with and under the

burdens provisions conditions and declarations

before specified all which are hereby directed to be

specially engrossed in the Charters and Infestments

to follow hereupon in favour of the said Trustees

But declaring that it shall be noways necessary

to engross these in the Charters and Infeftments to

follow in favour of the purchaser or purchasers Acts

Instruments and Documents one or more as needs be in

the premises to ask and take and generally every

other thing there anent to do which to the office of

procuratory in such cases is known to pertain

promising to hold firm and Stable all and whatever

things my said procurators shall lawfully do or

cause to be done in the premises Which Lands

Subjects and others before disponed with this present

disposition thereof and Infeftments to follow here

upon I Bind and Oblige me and my heirs and

Successors whatsoever to warrant to be good valid and

Page 15] sufficient free safe and sure to my said Trustees

and their foresaid for the uses and purposes foresaid at all

hands and against all deadly as Law will and more-

over I hereby with and under the burdens provisions con-

ditions and declarations before mentioned assign convey

and make over to my said Trustees or quorum or Surviv-

ors or survivor of them accepting or those to be assumed

by them as aforesaid and their foresaids not only the

rents mails and duties of the foresaid Lands Subjects

and others before disponed but also the whole writs

rights and evidents thereof procuratories of Resignation

Precepts of Sasine and others conceived in favours of

me my predecessors and authors whole clauses

tenor and contents thereof and for rendering the said

Trust more effectual as to my moveable effects hereby

conveyed I by these presents nominate constitute

and appoint my Trustees before named or Quorum

or Survivor of them accepting and those to be assume-

ed by them to be my sole and only Executors and in-

tromitters with my whole means and effects hereby con-

veyed hereby excluding and debarring my next of kin

and all others interested from the said Office And I

hereby revoke and alter all former Dispositions and

Deeds of Settlement Assignations or Settlements execut-

ed by me Reserving always not only my own liferent

of the subjects before disponed but also full power and

liberty to me to alter and revoke these presents in

whole or in part, and to sell burden or dispose of

my said Estate subjects and effects heritable and

moveable as I shall think fit at any time in

my life or even on death bed dispensing  with the

not delivery hereof and declaring these presents to

be a good vaid and effectual deed though formed

lying by me at the time of my death or in the custody

Page 16] of any other person to whom I may intrust

the same undelivered And I consent to the Regis-

tration hereof in the Books of Council and Session

Sheriff Court Books of Edinburgh or Fife or others

competent therein to remain for preservation and

in order that my said Trustees may be infeft in

the Lands and others before disponed I hereby desire

and require you

                          and each of you jointly and

severally my Bailies in that part specially

to the effect after specified That on sight hereof

ye pass to the ground of the Lands and others

before disponed (scored: and others before disponed) and

there give and deliver heritable state and sasine

with actual real and corporal possession of all

and whole the Lands of Easter Kilmux Col-

lieston and Temple Lands of Colliston and

others before disponed all lying and described

as aforesaid and here held as repeated brevitatis

causa to my said Trustees and the survivors

or survivor of them and to such other person or

persons as they or a Quorum or survivor of them

accepting shall assume into the said Trust

as before mentioned But in Trust always for the

uses ends and purposes and with and under the

burdens provisions conditions and declarations be-

fore specified all which are hereby directed

to be specially engrossed in the Charters and

Infeftments to follow hereupon in favour of

the said Trustees  But declaring that it shall

be noways necessary to engross them in the

Charters and Infeftments to follow in favour

of the purchaser or purchasers and that by

deliverance to the said Trustees or their certain

 

Page17]  attorney or attornies in their names bearers hereof of

earth and stone of the ground of the said Lands and

other proper symbols requisite and necessary if any

be to be holded in manner foresaid and that this

in no way ye leave undone The which to do I

commit to you and each of you my Bailies in

that part foresaid my full and irrevocable power

by this my precept of sasine directed to you for that

effect In witness whereof these presents written

upon these ten pages of stamped pages by John Sime

Clerk to Henry Johnston Coylie writer in Edinburgh

and subscribed by me at Bankhead of Atherney

the Twenty fourth day of November Eighteen hun-

dred and eight years before these witnesses Dr.

David Swan Minister of the Gospel at Scoonie

and William Balfour Farmer at Bankhead

of Atherney witnesses also to my subscribing the

marginal addition on page second hereof and

the marginal addition on page eight hereof

also wrote by said John Sime (signed) John

Tullideph David Swan Witness Wm Balfour

Witness Extracted upon this and the Twenty

preceding pages of stamped paper by (signed)

Tho Shaw Dept. St. Andrews 17 October 1823  This is

the Extract Trust Disposition and Settlement

Referred to in the Deposition emitted by me of

this date (signed) John Cook Charles Grace

Commissioner:

  • – – Four words scored C. Grace Clk
  •    At St. Andrews the Seventeenth day of
  • October Eighteen hundred and Twenty
  • Three years in presence of Robert Low
  • Esquire of Clatto Commissary of St. Andrews
  • Compeared Mr. James Stark Writer in
  • Cupar