20th April 1883 Inventory of the Personal Estate of the late JOSEPH SILVER
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At Stonehaven the twentieth day of April in the year One thousand eight hundred and eighty three. In presence of JOHN GUTHRIE SMITH esquire Advocate Sheriff of Aberdeen, Kincardine…
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… Kincardine and Banff. Compeared VIOLET SILVER, residing at REDSTONE, Maryculter in the County of Kincardine and gave in the Inventory of the Personal Estate of the deceased JOSEPH SILVER and Oath thereon underwritten, desiring that the same might be inserted and registered in the Sheriff Court Books of Kincardineshire in the Sheriffdom of Aberdeen, Kincardine and Banff, along with a Mutual Last Will and Testament executed by the said deceased JOSEPH SILVER and his sister the said VIOLET SILVER (read her will here) – which desire the said Sheriff found reasonable and ordained the same to be done accordingly and of which Inventory and Oath and Mutual Last Will and Testament the tenor follows viz: Inventory of the Personal Estate and Effects wheresoever situated of JOSEPH SILVER who resided at RESTONE, Maryculter in the Parish of Maryculter and County of Kincardine and who died, testate on the twenty fourth day of February 1883 at Redstone aforesaid and had at the time of death his ordinary or principal domicile in the County of Kincardine.
I – SCOTLAND
1. Cash in the house £1 – 0 – 10
2. Household Furniture and other effects in the house £8 – 1- 9
3. Stock-in-trade and other effects belonging to the deceased £0
4. Money in Bank viz:
Sum in Deposit Receipt of the Town and County Bank Limited dated
9th June 1882 £80 – 0 – 0
Interest thereon to-date of oath to inventory £1 – 18 – 6
£81 – 18 – 6
Amount of Personal Estate wheresoever situated: £91 -1 – 1
(signed) Violet Silver – A J Kinloch JP at Maryculter on the seventeenth day of April one thousand eight hundred and eighty three. In presence of Alex J Kinloch JP for the County of Aberdeen. Appeared Violet Silver residing at Redstone, Maryculter.
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… Maryculter in the Parish of Maryculter and County of Kincardine who being solemnly sworn and examined depones: That the said JOSEPH SILVER who residing at Redstone aforesaid – her brother – died, testate at Redstone aforesaid on the twenty fourth day of February one thousand eight hundred and eighty three and had at the time of his death his ordinary or principal domicile in the said county of Kincardine. That the deponent is the executor of the said JOSEPH SILVER and has entered upon the possession and management of his estate as his executor nominated by him in a Mutual Last Will and Testament executed by him and the deponent dated the fifteenth day of July one thousand eight hundred and seventy two and now exhibited and signed by the deponent, and the said Alex J Kinloch JP as relative hereto. That the deponent does not know of any other Will or Testamentary settlement or writing relative to the disposal of the deceased’s personal estate or effects or any part thereof. That the foregoing inventory signed by the deponent and the said Alex J Kinloch JP as relative hereto, is a full and complete Inventory of the personal estate and effects of the said deceased JOSEPH SILVER wheresoever situated and belonging or due to him beneficially at the time of his death in so far as the same has come to the knowledge of the deponent: that the said deceased had no heritable estate in the County in so far as known to the deponent: That the value at this date of the whole personal estate and effects, including the proceeds accrued thereon down to this date does not exceed three hundred pounds Sterling. That confirmation…
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… confirmation of the said personal estate and effects in Scotland is required in favour of the deponent. All which is truth, as the deponent shall answer to God. Ten printed words deleted (signed) Violet Silver – A J Kinloch JP
Written by John McDonald
Collated by Robert Tindal
Follows Mutual Last Will and Testament before referred to: We JOSPEH SILVER and VIOLET SILVER brother and sister residing at Redstone of Maryculter. Considering the uncertainty of human life and being desirous to settle our worldly affairs so as to prevent disputes among our relatives at the death of either of us, do make our Last Will and Testament jointly as follows: That is to say, We mutually do constitute and appoint each the other that may survive our sole Executor, Heir, Legatee and Intromitter with our whole subject, goods and gear of what description so ever that shall belong to us, empowering said survivor to do everything there amount that to the said office is known by the law and practise of the land justly to belong: and that for his or her sole benefit and use; it being our express will that the longest liver shall receive and have at his or her entire disposal, all that shall pertain to the other at death, after the payment of the death bed, expenses, funeral charges and other lawful debts. We do also mutually agree and appoint that all money and other goods of what description so ever shall belong to the longest liver of su at his or her death, shall then be divided equally share and shall alike between JANE COLLIE, daughter of ALEXANDER COLLIE, labourer, residing at BLACKIEWELLS Maryculter and HELEN IRONSIDE, daughter of the said JANE COLLIE – after all the lawful debts of the said survivor shall have…
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… have been paid. We further appoint that, if either of the said JANE COLLIE or the said HELEN IRONSIDE shall not be alive when this Will takes effect, the whole legacy payable under it shall be given to the one surviving. And we appoint so far as concerns this part of our Will that they may use it carried into effect and the death of the longest liver of us two, the following persons as Exectuors – that is to say – we appoint and constitute the Reverend WILLIAM SELBIE or the Minister of the Free Church Maryculter for the time then being, along with ALEXANDER SILVER – farmer at Crossley or Maryculter and ANDREW EMSLIE – labourer at Hairyhillock of Maryculter our Executors at the death of the longest survivor of us – we empower them to do everything which by the law of the land and the practise of the same is known justly to belong to the said office of Executor. And this we declare to be our Last Will and Testament in all respects, revoking all former Wills made or pretended to be made by either of us. And we consent unto the registration hereof in any competent register for preservation wherever we constitute.
Our procurators. In Witness whereof these presents written on this and the preceding page by the Reverend William Selbie, Minister of the Free Church of Maryculter are by us subscribed at Redstone of Maryculter this fifteenth day of July one thousand eight hundred and seventy two years in presence of these witnesses – John Rogie labourer – residing at Redstone Maryculter and Robert Emslie – farm servant Hairyhillock, Maryculter
(signed) Joseph Silver – Violet Silver – John Rogie – witness Robert Emslie – Maryculter 17th
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… 17th April 1833. This is the Mutual Last Will and Testament referred to in my deposition of this date to the Inventory of the Personal Estate of my deceased brother JOSEPH SILVER before named and designed
(signed) Violet SILVER and AJ Kinloch JP
Written by John McDonald
Collated by Robert Tindal