James Brownlie born c1795 and
James Brownlie formerly a tollkeeper, grocer and spirit retailer at Bellshill, born c1795 married Margaret Cullen born c1795. James Brownlie owned lands of Blackmoss in the Parish of Bothwell.
They had issue:
1. William Brownlie (eldest son as stated in father, James’ will)
They had issue:
1. Ann Brownlie (noted in James Brownlee’s will)
James Brownlie and Margaret Cullen also had: (not necessarily in this order)
2. Robert Brownlie
3. John Brownlie
4. Charles Brownlie
5. Thomas Brownlie
6. Ann Brownlie
7. Janet Brownlie
8. Elizabeth Brownlie
Will of James Brownlie 17 July 1872
At Hamilton the Twenty eighth day of June Eighteen Hundred and Seventy-two years in presence of Henry Glassford Bell, Esquire, Advocate Sheriff of Lanarkshire compeared William Pollock writer in Hamilton as procurator for the party after named and designed and gave in the trust disposition and settlement after insert, desiring that the same might be recorded in the Sheriff court books of said Shire in terms of the clause of registration therein contained which desire the said Sheriff found reasonable. Ordained the same to be done accordingly, and whereof the tenor follows.
1. First, I, James Brownlie sometime Tollkeeper, afterwards grocer, now spirit retailer at Bellshill considering that it is incumbent on me so to settle my affairs while in life as to prevent all disputes thereanent after my decease and having full trust and confidence in the persons aforementioned for executing the trust hereby reposed in them therefore I do hereby give grant assign dispose and convey to and in favor of Margaret Cullen or Brownlie my spouse, William Brownlie, Robert Brownlie, John Brownlie, Charles Brownlie, and Thomas Brownlie my sons and the acceptors and acceptor survivors and survivor of them the major part being always a quorum or trustees and trustee for the ends uses and purposes aftermentioned and to their assignees and dispones all and sundry lands and heritages goods gear debits and sums of money household furniture and all othereffects and in general the whole means and estate heritable and moveable real and personal of what kind or denomination soever and wheresoever situated belonging and addebted to me at the time of my death with the whole vouchers and instructions thereof with titles and securities of and concerning the same but declareing that these presents are granted in trust always for the ends uses and purposes aftermentioned First for payment of all my just and lawful debts settled and funeral expenses and the appraiser expenses of administering this trust
2. (second) I hereby appoint my trustee to give and deliver to my son John Brownlie my gold watch and chain.
3. Third hereby direct and appoint my trustees to give and allow to my widow so long as she remains my widow but during her widowhood only the liferent use and en-joyment of my whole means and estate heritable and moveable declaring however that this provision in favor of my widow shall cease and desist in the event of her entering into another marriage said marriage ipso factor operating not only as a termination of said liferent provision and all right by these presents but also of the office of trustee.
4. Fourth in the event of my wife predeceasing me or in case she should survive me on her entering into a second marriage or on her decease whichever of these event shall happen first. I direct and appoint my trustees subject to the conditions after specified to dispose and convey to William Brownlie my eldest son all and whole that piece of ground part of the lands of Blackmoss consisting of thirty five falls or thereby and houses built therein and pertinents lying in the Parish of Bothwell and County of Lanark but I hereby declare and appoint that the conveyance of the said piece of grounds to my said son William Brownlie shall be burdened with a sum of Ninety pounds Sterling.which sum shall either be paid by my said son William Brownlie to my trustees at the disposing and conveying of the said piece of ground to him or my trustees shall have power to burden the same to that extent and grant a bond and disposition or bonds and dispositions in security of the said sum of Ninety pounds Sterling or the said subjects and to convey the same to my said son William Brownlie under the saidreal lieu and burden or to take the said William Brownlie bound to grant a bond and disposition or bonds and dispositions in security to the extent foresaid, but in the event of my said son William Brownlie predeceasing the period provided for the granting of said conveyance the said subjects shall then fall into the general trust funds and his representatives shall per (wispe) and not per capita take and receive an equal share of my estate with my other children and I provide and declare that the said sum of Ninety pounds Sterling shall be divided and apportioned as follows: Ten pounds sterling to each of my children Robert Brownlie, John Brownlie, Charles Brownlie, Thomas Brownlie, Janet and Elizabeth Brownlie and the sum of Thirty pounds Sterling to my granddaughter Ann Brownlie, daughter of the said William Brownlie.
5. Fifth at the said ceasing of my said widows life liferent should she survive me on the first happening of either of the events before specified I hereby direct and appoint my trustee to realize the rest of my estate or otherways to divide the same as follows the sum of Fifty pounds to be paid to the children of my daughter Ann Brownlie said sum to be equally divided among said children and my other children except the said William Brownlie shall receive the rest and remainder of my means and estate equally between them share and share (alike) the share of deceasers giving to their lawful issue and divisible among said issue equally preceding and declaring that my said son William Brownlie in the event of his taking and receiving the said piece of ground before mentioned subject to the burden also before specified shall have no share and interest in the rest of my means and estate heritable and moveable and I hereby declare that the provisions above conceived in favor of my wife shall be in full, and accepted by her in lieu of all claims or right she may have by and through my death and the above provisions to children shall be in full of all claim of legitune, claims past or any other claims legal and conventional competent to children and I declare that all provisions to females shall be exclusive of the feu mariti and right of administration of any husband whom they may marry and shall not be affectable by nor attachable for the debts or deeds of such husbands. Declaring that in dividing my estate it shall be optional to my Trustees either to convert the same so far as not done into cash or to procure a valuation of such part as requires valuation and satisfy the foregoing provisions within by a payment in cash or by a conveyance of part of my estate or partly by such conveyance and partly by a payment as my trustees consider to be for the advantage of my estate and I hereby appoint my said Trustees to be my executors and to be Tutors and Curators to such (beusfiaanes) as may be in perpetuity or minority. Further I hereby authorise and appoint my said Trustees if they see fit to sell the whole or any part of the trust estate of public (couh) or private bargain and at such prices as the same will bring such to grant conveyances thereof and also to uplift discharge assign and invest all sums heritable and moveable with authority to lend out the trust funds upon security or invest the same in the purchase of heritable property or government stock or other property (for the sufficiency of which investments property or stock my trustees shall be no further responsible than that they were considered eligible at the time) to call up uplift and invest the same fortune to time to appoint factors and law agents (who may be of their own number with reasonable remuneration) and finally to enter into submissions of compromise, doubtful or disputed claims or debts with power to my said trustees to assign new trustees executor tutors and curators and my trustees shall not be liable for omissions or neglect of measurement. sueguli us soliderece but each for his own actual intromission only nor for factors or law agents with all powers necessary and compelled to the office of trustee executor and curator and I hereby recall and revoke all former settlements and deeds of a testamentary or mortis cause character and I declare these presents as my last and only settlement and I dispose with the delivery hereof and declare that the same shall be a valid and effectual deed though found in my repositories or in the hands of my agent or elsewhere undelivered at the time of my death. And I reserve not only my own liferent but also full power at any andeven on deathbed by any writing under my hand to alter annotate or revoke these presents in whole or in part at pleasure and I consent to registration for preservation.
In witness whereof these presents consisting of this and the two preceeding pages with the marginal addition on page first consisting of the words “Ninety pounds Sterling” and the marginal addition on page second consisting of the words “Ten pounds Sterling” all written by Thomas Naismith, apprentice to William Pollock writer Hamilton are under the declaration that the words “one hundred and” occurring on the forty ninth line and the words “fifty pounds” on the fiftieth line hath from the top of page first and the words “twenty pounds” occurring on the tenth line from the top of page second are all delete before subscriptions hereof subscribed by me the said James Brownlie at Hamilton the Twenty-fourth day of June Eighteen Hundred and Sixty-nine before these witnesses James Naismith, Justice of Peace, Clerk, Hamilton and the said William Pollok. (signed) James Brownlie, James Naismith - Witness, Wm Pollok - Witness.
Extracted upon this and the thirteen preceeding pages by me Sheriff Clerk Depute of Lanarkshire two and delete (signed) Rob Wilson.
Will supplied by Jane Brownlee email@example.com email to Ian Brownlee 18/7/06.