| 14. | Alexander WALKER was born in Sep 1752 in Kincardineshire, Scotland, UK; died on 29 June 1841 in Kincardineshire, Scotland, UK; was buried in Jun 1841 in Durris Kirkyard, Kincardineshire, Scotland, UK. Other Events and Attributes:
- Will: 11 Jan 1838, Westside of Maryculter, Kincardineshire, Scotland, UK
Notes:
Three of their children Isobel, James and Charles all died in infancy according to stone in Durris Kirkyard, Kincardineshire, Scotland, UK.
Will:
28 February 1842 Last Will and Testament and codicil hereby amended of Alexander Walker wrote at Westside of Maryculter 11th day of January 1838
At Stonehaven the Twenty eighth day of February in the year One thousand eight hundred and forty two in presence of Hugh Fullerton Esquire Commissary Depute of Kincardineshire, compeared Alexander Brown writer in Stonehaven as procurator, and gave the last will and testament underwritten, desiring that the same might be inserted and registered in the Commissary Court Book of said shire, along with a stamped inventory of the deceased's personal Estate which desire the said Commissary Depute finding to be reasonable, he ordained the same to be done accordingly and of which the principal being written on unstamped paper the tenor follows viz;
I Alexander Walker presently at Westside of Maryculter, in the parish of Maryculter and County of Kincardine being in health of body and soundness of mind and memory - praise be to the Mighty God for the same; Being mindful of mortality - do hereby make my last will and testament in manner and form as follows - I the said Alexander Walker at Westside of Maryculter for the love and affection I bear to my children, and reposing confidence in the person afternamed, for executing the trust hereby committed to him, do hereby give, grant, dispose, assign and convey to and in favour of my son John Walker in Westside of Maryculter and to such other person or persons as he shall assign into the trust after mentioned all and whole, every moveable whatsomever, crop, stocking, houses and furniture; Bills, bank notes and money and in general the whole means and state whither moveable real or personal of whatever nature, denomination or wherever situated at present belonging to me, or what shall belong to me at the time of my death and the whole vouchers, and instructions, of the said debts the effects and same of money which may be ascertained, in any inventory made up and signed by me, as relative to the present and which shall be sufficient to exclude the necessity of a conformation as if every particular thereof were herein inserted. All of which I appoint my trustee to turn into cash and I appoint him the same power to do so, as I could do myself, were I in life as soon after my death as it can be done after giving the usual credit. But in trust always for the uses and purposes after mentioned -
First - for the payment of all my just and lawful debts and funeral expenses and such expenses and charges as my said trustee shall incur, in the execution of this trust and the management of my estate.
Second - as the money already received by my three sons, David, John and Robert, and my daughters Ann and Rebekah from me are not of the same amount I appoint my trustee if need be, to deduct from the above named that has already received the largest sum or sums and add to the sum or sums of those who have received the smallest sum or sums such being expressly mentioned and signed by my sons and daughters in their receipts to me.
Third - So as my sons David, John and Robert - my daughters Ann and Rebekah - may all receive their share and share alike; or the lawful children of my above mentioned sons and daughters and that without delay how soon it can be done, after my decease, the share of any or any of them that may dye before receiving the money falling to their share, are hereby appointed to descend and go to the lawful children of son or daughter so deceasing - and failing such children - to go to and belong to my sons and daughters foresaid; equally who shall be in life at the time; when my estate by my executor or executors will be equally divided among my children above mentioned.
Fourth - Notwithstanding my son William have received from me two hundred and two pounds sterling - per bills receipts and account as will appear among his brothers and sisters receipts. I appoint my trustee or trustees at the final distribution of my estate to pay him five pound sterling if he is in life - and not ask any of the money he has already received from me - but if he is dead before that time - it is not to be given to his heirs.
Fifth - If my daughter Rebekah is unmarried at the time of my decease I will that my executor or executors do give her the whole beding belonging to me - as also the mahogany table, and the six hair bottomed chairs, all made by Troup at Stonehaven - with what table furniture my executor or executors are pleased to give her - all of which are not to be considered as any part of her portion. But to make her equal with her sisters - in point of the providing they received previous to their being married. Likewise an equal share of what remains of the furniture belonging to me along with her brothers and sisters. But if Rebekah is married before my demise, she is only to receive share and share alike of the whole bedding and household furniture belonging to me along with her brothers and sisters, whither divided in itself or exposed to sale, either of which I leave decidedly to the determination of the executor or executors. But she is not in that case to have the smallest title to claim the aforesaid preference.
Sixth - I appoint my executor or executors to pay to one son and one daughter of each my sons David, John and Robert, my daughters Ann and Rebekah, or those of them to whom it may please God to bestow children Before my decease said sons and daughters, being lawful children of my sons and daughters above said, if the Christian name of the male children is Alexander and the Christian name of the female child is Rebekah, five pounds sterling each out of the first and readiest of my subject, at the time my children's portions are paid. But it is only to the children so named that is in life at the time and not to their heirs if dead.
Seventh - As to my daughter Jean, she having formerly received from me Fifty pounds sterling, as part of her portion, or bairns part of gear as will appear, by receipt, signed by her and her husband to that effect. But I, having lately resolved, on another mode of procedure relative to my daughter Jean being paid the remainder of her portion or bairns part of year. In consequence of which, including the above sum, I do enjoin my sole executor or executors to calculate how much would have fallen to her share of portion, so as would have made it to amount in value equal with the share of any of her brothers and sisters (share of portion) and when calculated as above said. After deducting the fifty pounds sterling my daughter Jean and her husband received, I ordain the balance that would have fallen to her share of portion to be equally (by my sole executor of executors) divided among my sons David John and Robert and my daughters Ann and Rebekah or to those of them it may please God to be alive at the time of settling my affairs, and for the balance to be divided, each of my sons and daughters living at the time of settling my affairs (and do receive a share of said balance). Viz David, John and Robert and my daughters Ann and Rebekah are to pay severally and their heirs after their decease, to my daughter Jean yearly, by equal half, all the days of her life (but not to her heirs after her decease) the average pr cent, paid by the Aberdeen Banking Companies for such like sum, as each of the above named will receive, of what would have fallen to the share or portion of my daughter Jean Beginning this first half years payment at Whitsunday or Martinmas, either of which may first happen, twelve months after my decease and so on continue paying half yearly, the interest at the rate above stated - if my daughter Jean while in life - or her heirs after her decease - do infer, from any clause mentioned in this my last will and testament that she, or they her heirs - had any right to claim more for her share or portion otherwise than herein are separately mentioned, I positively declare it is altogether groundless and contrary to my design.
Eighth - After what is set apart to my son William, and what may fall to my grandchildren in consequence of their names, I appoint the whole residue of my estate to be equally divided among my sons David, John and Robert and my daughters Ann and Rebekah, share and share alike. But with the burden on them and their heirs of paying to my daughter Jean, all the days of her life, the interest at the rate and time before noted. But expressly at her decease it is finally obliterate, and them and their heirs acquitted from said burden.
Ninth - For the encouragement of my said executor or executors to accept of the trust hereby admitted him or them, I hereby declare that he or they shall not be liable for neglect, omissions or diligence of any kind, but for his own personal intromissions. And further I do hereby give full power to my said executor or executors to add and assume such other person or persons one or more as he or they shall think fit to be trustees for the better management of this trust which trustee or trustees so be named and assumed shall thereafter have same power as he that is first named in the deed by myself and shall only each be liable for his own intromissions and no ways for negligence or omissions of any kind. Moreover, if it shall please God that my son John Walker my sole executor, shall die before me or before the settling of my affairs, without authorising any person or persons to assume the trust he is invested with, relative to this my last will and testament, I do appoint my son David Walker in Pitengullies and my son Robert Walker in Balnagubs to be my executors in place of John Walker my son if deceased with full power to them (or either of them) if either of them shall die before the settling of my affairs, the other I do invest, with full power to him the same as if they were both in life to carry into effect and settle all the clauses contained in this my last will and testament as if John Walker could have done, had he been in life. But they are only authorised by me as my executor or executors in the event of my sole executor whereas if he is in life they can neither revoke nor infringe his proceedings as executor, nor the right of he or they who he has assumed in to the trust (if so is).
Tenth - And for carrying these presents more effectually into execution for behoof of my children, and what may fall to my grandchildren in regard to their names, I hereby nominate and appoint my trustee or one or more of whom he may choose for the same purpose as himself to be my sole and only executor and intermitters with my goods and gear with power as I would myself were I in life, but always in trust and failing his choosing such and in the event of his death only, my sons David and Robert are to have the same power as those above mentioned, but still in trust.
Eleventh - First to my sole executor, second to those chosen by him, if any, failing so to my sons David and Robert with power to them to give up inventories of my effects and to confirm my testament if needful. And I consent to the registration hereof in the Books of Counsel and Session Sheriff Court Books of Kincardineshire or other judges books, competent therein to remain for preservation or execution as effeirs.
My portions In witness whereof I have subscribed these presents written on this and the seven preceding pages of plain paper by me Alexander Walker the Testator at Westside of Maryculter, the eleventh day of January Eighteen hundred and thirty eight years. Before witnesses James Lee, farm servant on Westside of Maryculter and James Davidson, farm servant there.
Signed Alexr Walker James Lee witness James Davidson witness
The underwritten are manner, my son William was paid the remainder of his portion or bairns part of gear in person by me Alexander Walker his father, in order to save trouble after my decease. Notwithstanding it is noted in the end of the second and beginning of page third (if he is in life) in my last will and testament as follow - I do appoint my trustee or trustees at the final distribution of my estate to pay my son William five pounds sterling. But as I have this twenty third day of March Eighteen hundred and thirty nine years paid to my son William the above said sum he was entitled to by my last will and testament. I also same day as a present besides gave him five pounds sterling. Therefore in consequence of said five pounds sterling he was entitled to by my last will and testament which I have paid him and the five pounds sterling I gave him as a present, I do hereby strictly enjoin my trustee or trustees not to give my son William any part of the residue of my subject at the winding up of my affairs after my decease. In whatever name & denomination it may be as he has received more money from me on the above said day than he would receive after my decease had he to wait to be paid at that time, in terms of my last will and testament. Given by me at Westside of Maryculter on the day of the month and year of God, as above stated. Witness my hand
signed Alex Walker
Stonehaven 24th February Eighteen Hundred and Forty Two
This is the last will and testament and codicil thereto annexed referred to in my oath of this date to the inventory of the personal estate of the late Alexander Walker
Signed John Walker Hugh Fullerton
28 February 1842 Stamped Inventory Of the Personal Estate of Alexander Walker
At Stonehaven the twenty eighth day of February in the year One thousand eight hundred and forty two years, in the presence of Hugh Fullerton Esquire, Commissary Depute of Kincardineshire, compeared Alexander Brown Writer in Stonehaven as procurator, and gave in the Stamped Inventory and oath thereon underwritten, desiring that the same might be inserted and registered in the Commissary Court Books of said shire, along with a Last Will and Testament executed by the deceased which desire the said Commissary Depute finding to be reasonable, he ordained the same to be done accordingly, and of which, the principal being written on paper denoting a stamp duty of eight pounds sterling the tenor follows viz:
INVENTORY of the Personal Estate of Alexander Walker residing at Westside of Maryculter, who died on the twenty eighth day of June Eighteen Hundred and forty one, and with interest due on principal sums at that date.
Principal sum in Bill dated the fourteenth day of February
eighteen hundred and forty and payable three months after date,
drawn by the deceased upon and accepted by James Cumming
at Ashintilly, Andrew Watson Mill of Maryculter and Francis Shepherd
Millbank, and extract registered protest of the Sheriff of,
Kincardineshire dated the 15th July 1840 ?100
Interest due thereon ?5-10-0
Principal sum due by Deposit Receipt of the Banking Company
of Aberdeen under the hand of David Wyllie
Esquire, their cashier, dated the 29th day of January 1841 ?250
Interest due thereon ?4-10-0
Amount of a debt due by David Esson Senr and Junr at
Eastside of ?23.2/- but in respect of the circumstances of
the Debtors, is estimated at 2/- per pound. ?2-6-0
?362-6-0
(Signed)
John Walker Hugh Fullerton
At Stonehaven the twenty fourth day of February Eighteen Hundred and forty two years, in presence of Hugh Fullerton Esquire Commissary Depute of Kincardineshire.
Appeared John Walker Farmer of Maryculter, son and Executor of the deceased Alexander Walker of Westside of Maryculter, who being solomly sworn and examined depones that the said Alexander Walker died upon the twenty eighth day of June last and the deponent has entered upon the possession and management of the deceased's personal Estate as Executor nominated by him in a Last Will and Testament executed by him and Codicil thereto annexed, dated respectively the eleventh day of January Eighteen hundred and thirty eight and twenty third day of March Eighteen hundred and thirty nine, which is now exhibited and signed by the Deponent and the said Commissary Depute, of this date, as relative thereto. That the Deponent does not know of any settlement or writing relative to the disposal of the deceased's personal estate or effects other than that now exhibited. That the foregoing Inventory is a full and true inventory of all the personal or moveable Estate and effects of the said deceased Alexander Walker, wheresoever 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 Three hundred pounds and under the value of Four hundred and fifty pounds. All which is truth as the Deponent shall answer to God.
(Signed) John Walker Hugh Fullerton
Written by Ja Anderson Collated by M Stewart 4 March 1842
Received up the principal stamped Inventory before written. Ja Christian JD
Buried:
From Durris Kirkyard MI (#219):
In memory of REBEKAH SILVER Oldhillock - spouse of ALEXANDER WALKER - Mill of Monquich - died 2 July 1832 aged 80.
Of their children ISOBEL, JAMES and CHARLES who all died in infancy.
Also ALEXANDER WALKER husband of above named REBEKAH SILVER died 29 June 1841 age 89 years and 9 months - and for upwards of 70 years farmer at Mill of Monquich.
Also of their son, ROBERT WALKER - farmer Balnagubs died 25 May 1860 aged 66
and DAVID son of the said ROBERT WALKER died 27 November 1853 aged 11.
Also ANN daughter of said ALEXANDER WALKER died 6 April 1864 aged 85.
JOHN his son for upwards of 50 years farmer at Westside, died 10 Aug 1865 aged 81.
WILLIAM son of ROBERT WALKER died 19 July 1866 aged 15
and ROBERT died 18 April 1867 aged 22.
REBECCA WALKER died 17 November 1874 aged 84.
CATHERINE MOIR widow of above named ROBERT WALKER died 5 June 1896 aged 79.
Alexander married Rebecca SILVER about 1778 in Kincardineshire, Scotland, UK. Rebecca (daughter of John SILVER) was born about 1752 in Old Hillock, Fetteresso, Kincardineshire, Scotland, UK; died on 2 Jul 1832 in Kincardineshire, Scotland, UK; was buried in Jul 1832 in Durris Kirkyard, Kincardineshire, Scotland, UK. [Group Sheet] [Family Chart]
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1844 - UNKNOWN