Duncan Fraser of Fingask

SC29/44/3, Inverness Sheriff Court wills and testaments - precis.

Inventory of the personal estate of the deceased Duncan Fraser Esquire of Fingask who died at his house of Fingask in the parish of Kirkhill, county of Inverness, 04/12/1833.

Cash in the house £2 10s

Cash in the bank, 5s 7d

Balance due by John Macqueen his grieve on the farm of Fingask 4s

Value of share held by the deceased in the captial stock of Mackintosh Grant and Company, hemp manufacturers in Inverness, fs their balance account of 31/07/1833 (with interest and minus the cost of conveyance) £1,813 0s 4d

Dividend due January 1834 by the Scottish Union Insurance Company £5

Value of 100 shared held by the deceased in that company (minus stamp and estimated expense of assignation) £77 10s

Shares in the National Bank of Scotland £133

Shares in the Inverness Gas and Water Company £96 19s 5d

Shares in the North British Insurance Company £55

Household goods, liquors, books etc £908 10s

Carriage, horses etc £180

Crop, stock, farm utensils etc £1619 10s 10d

Various small debts. Other debts not admitted.

Value of personal estate in Scotland £5096 4s 7d.

The deceased had a share or interest in certain estates in the colony of Berbice which is the only property belonging to him out of Scotland as far as known.

Deed of Settlement.

I Duncan Fraser Esquire of Fingask in the county of Inverness, considering that in consequence of various losses and disappointment arising partly from cautionary obligations and partly from the insufficient returns, diminished value and present precarious state of my colonial property and claims and from various other causes, I have contracted sundry debts of considerable amount and am unfortunately engaged in several suits at law and other proceedings requiring much care and skill in the management... in the event of my death before these matters have been arranged, considerable inconvenience and loss may arise to my estate...and those interested in my succession unless ample powers and instructions are given by me to proper persons for the disposal and management of my affairs after my death and further considering that my principal objects and desires are:

First, to secure the interests of my creditors

Secondly to secure due and adequate provisions for the comfortable support of my dearly beloved wife in case she shall survive me

Thirdly, if it can be done consistently with the complete attainment of the first two paramount purposes, but not otherwise, to maintain the estate of Fingask in the line of my family agreeable to the order of succession hereinafter expressed... and to make some provisions for certain female relations.

Mrs Janet Mackintosh or Fraser, my said beloved wife, Charles Mackintosh Esquire of [?]ter presently residing in Inverness and Roderick Reach, solicitor, to be trustees.... property includes Fleece, Paradise, B[?] Madram and El Dorado, with slaves, catte, buildings and other appurtenances in Berbice...

Household furniture, plate, linen, carriages, horses etc to my wife, and also the crop which may be growing at the time of my death.

Also to my wife £200 per annum for life. She shall have the option of demanding £500 per annum instead.

To each of my six nieces (Madeline Grant and Barbara Grant, daughters of the late Rev. Patrick Vartick[?]; Janet Falconer, fourth daughter of William Falconer Esqiure of Lentran; Mrs Madeline Fraser, widow of the late Hugh Fraser Esquire of Firsbilly; Mrs Mary Chisholm, widow of the late Lieutenant Colonel James Chisholm; Mrs Helen Dallas, widow of the late Dr Murdow Dallas of the same) £300.

Should the debts due to me and the proceeds, sales of my moveable and colonial property and the annual profits arising from the estate of Fingash be equal or nearly so, to the accomplishment of the said several ends, uses and purposes whereby the fee of my said estate of Fingash may be preserved unsold then and in that case but not otherwise my said trustees and executors are directed and authorised to convey after the death of Mrs Janet Mackintosh the estate of Fingask to my grand nephew Peter Grant Dallas, eldest surviving lawful son of Dr Munro Dallas and to his heirs, whom failing to Aburthnot Dallas, second surviving son and his heirs, whom failing to Alexander Dallas, third surviving son. In default to my nearest heir male. After their succession, the grand nephew to bear the arms and designation of "Fraser of Fingask".

In the event of my estate of Fingask being sold, my executors and trustees to pay the proceeds to my beloved wife, whom failing before payment to my grand nephews Peter Grant Dallas, Arbuthnot Dallas and Alexander Dallas equally between them.

All rest and residue to Mrs Janet Mackintosh, and if paid shall be accepted by her in full satisfaction of the free liferent annuity of £400 provided to her after my decease by Articles of Marriage dated 22/04/1807 and secured to her over the lands and estate of Fingask.

Signed at Fingask 22/11/1833.