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This is a comprehensive probate document from Edinburgh dated November 17, 1825, concerning the estate of Walter Irvine, Esquire, who died on January 7, 1824, at Luddington House, Egham, Surrey. He held properties in the Island of Tobago (West Indies), Luddington House in Surrey, and Denino in Fife, Scotland.
Scottish Estate Inventory (Total: £5,258 6s 2d)
I. Rents and Arrears Due (£4,569 13s 2½d):
- Robert Gray: £654 9s 6d
- James Quirie: £455 4s
- Thomas Wilson: £440 14s 4d
- Alcy Gosman: £982 10s 3d
- John Reckie: £763 5s 4d
- John Hortune: £342 15s 2d
- Balkaithly Park rents
- D Gosman feuduty: £8 18s 4d
II. Bond from John M. Harlaw of Kirkton: £245 5s 1d plus interest to January 1824 (Total: £262 15s 1½d)
III. Bond by Road Trustees (Anstruther-Crail to St. Andrews): £150 principal plus interest (Total: £162 7s 4½d)
IV. Bond by Lundenfoot Road Trustees: £50 with compounded interest from 1821-1824 (Total: £55 1s 2d)
V. Proceeds from sale of wood: £33 10s
VI. Balance due from Walter Dickson WS (Writer to the Signet): £174 16s 11d plus interest (Total: £174 18s 11d)
Will Provisions (dated October 18, 1823)
Primary Beneficiaries:
Wife - Catherine Irvine (née Gordon):
- Annual annuity of £1,500 for life (one-third paid from Scottish estates, two-thirds from daughters' inheritances)
- Lump sum of £1,000 (£500 within 3 months, £500 within 6 months of death)
- Lifetime use of all carriages, horses, household furniture, plate, linen, china, books, and consumable wines/liquors in Great Britain
- Right to occupy Luddington House for life, or receive rents if she chooses not to occupy (£400 annually if the property is sold)
- This provision replaces her marriage settlement rights and any dower claims
Three Legitimate Daughters (each receiving £35,000):
Elizabeth Douglas (married to William Robert Keith Douglas):
- Subject to marriage settlement of November 23, 1821
- Receives one-third value of all Walter Irvine's estates, calculated primarily from the Fife properties
- Her portion held for her separate use, independent of her husband
- She has full power to dispose of it by deed or will despite coverture (marriage)
Christina Charles and Catherine Grace (unmarried):
- Each receives £35,000 legacy
- Held in trust, with income for their separate use during their lives
- Cannot be anticipated or attached by creditors or future husbands
- If married, their surviving husbands receive life interest (only if marriage approved by trustees and if first husband)
- Upon their deaths, portions pass to their children; if no children survive, portions revert to Elizabeth or are divided among sisters
Natural Daughter - Betsey (of London):
- Trust fund of £3,333 6s 8d in 3% consolidated annuities
- Receives income for life for her separate use
- After her death, capital passes to her children
- She and any husband can jointly appoint how funds are distributed to children
- Also receives £25 for mourning
Other Significant Bequests:
Ann Stewart (sister-in-law and widow of Stewart):
- £50 for mourning
- Original annuity of £100 increased to £200 per year for life
- Paid for her separate use, independent of any husband
- Funded by £6,668 13s 4d in 3% consolidated annuities
Brother's Estate:
- Forgives all debts owed by the estate of his late brother Christopher William Irvine
Nephews:
- Christopher Irvine (of Tobago): £4,000 payable one year after death with 4% interest thereafter
- Walter Irvine: £3,000 under same terms
Nieces (Clara and Marian Irvine - daughters of Christopher William):
- Each receives annuity of £100 per year for life
- Each funded by £3,333 6s 8d in 3% consolidated annuities
Jane Armstrong (formerly Jane Currie, wife of Francis Armstrong):
- £100 lump sum within 3 months for her separate use
- Annuity of £50 per year for life, paid for her separate use
- Funded by £1,666 13s 4d in 3% consolidated annuities
Mary (reputed daughter of a negro woman named Linda in Tobago):
- £500 sterling within 6 months of death
Other Named Beneficiaries:
- Alexander Gordon (brother-in-law and executor): £500 for his trouble executing the will (£100 within 6 months, £400 in annual installments)
- John Macfarlane, Esquire: £50
- Grace (wife of David Maitland), Daniel Gordon, Euphemia Gordon, and Elizabeth Gordon: £200 each plus £25 each for mourning
- Susannah Ann Hamilton (daughter of executor John Hamilton): £100 (added by codicil)
Continuing Annuities:
- Mrs. McIntyre: £5 annually during her life
- Two Miss Irvines: 3 guineas each annually during their lives
- All funded by appropriate 3% consolidated annuities
Trust Structure and Powers:
Executors and Trustees:
- Catherine Irvine (wife)
- William Robert Keith Douglas (son-in-law)
- Alexander Gordon (brother-in-law, of Old Broad Street, London)
- John Hamilton (of Kempshot Park, Hampshire)
- Christopher Irvine (nephew, of Tobago)
- Thomas Bruce (of George Muir, County of Fife)
Powers Granted to Trustees:
- Full discretion to manage and invest trust funds in British government stocks, real securities in England or Scotland
- Authority to purchase lands in fee simple or long leases (100+ years remaining)
- Power to convert land back to money through sales
- Can make leases up to 21 years
- May advance up to one-fourth of any child's portion for education, profession, military commission, or marriage
- Can use income from children's portions for their maintenance and education during minority
- William Robert Keith Douglas given principal management of West Indies estates
- Alexander Gordon entitled to usual solicitor's charges despite being a trustee
- Power to appoint new trustees upon death or resignation
Specific Provisions for Children's Trusts:
- Income held for separate use of each daughter, protected from husbands' debts
- Children of daughters inherit at age 21 (sons) or age 21/marriage (daughters)
- Compound interest applied to accumulate portions until vesting
- Complex survivorship provisions if daughters die without surviving children
West Indies Property:
John Leith Dispute:
- Walter Irvine had claims on property of late John Leith of Tobago
- Instructs executors to settle these claims quickly
- Prefers cash payment over taking possession of Old and New Grange estates in Tobago
Plantation Management:
- Douglas given control of West Indies estates, consignment of produce, and provision of supplies
Scottish Property Requirements:
Election Doctrine:
- All beneficiaries must execute proper Scottish deeds within 6 months of death (or majority for younger daughter)
- Those refusing forfeit benefits under the will to compensate disappointed parties
- Necessary to enable trustees to carry out the will's provisions in Scotland
Residuary Estate:
After all debts, legacies, and annuities paid, the residue divided equally among three legitimate daughters as tenants in common:
- Elizabeth Douglas
- Christina Charles
- Catherine Grace
Elizabeth's share for her separate use with power to dispose by deed or will despite coverture.
Probate Details:
Proved: January 28, 1824, in Prerogative Court of Canterbury
Initial Grant of Administration to:
- Catherine Irvine (relict/widow)
- William Robert Keith Douglas
- Alexander Gordon
Reserved Power for: John Hamilton, Christopher Irvine, and Thomas Bruce to apply later
Witnesses to Will:
- Colvell Wyatt Edgell (of Milton Place, Egham, Surrey)
- Robert Logan (Egham Lodge)
- William Adams (servant to Mr. Irvine)
Codicil: Dated same day (October 18, 1823), adding £100 bequest to Susannah Ann Hamilton
Scottish Confirmation: Presented November 17, 1825, before George Carshin Jr., Commissioner of Edinburgh, with deposition by W.R.K. Douglas confirming the inventory and will details.
The document demonstrates extensive wealth with significant properties in Scotland, England, and the West Indies, careful provision for family members including an illegitimate daughter, and sophisticated trust arrangements typical of wealthy estates in the early 19th century.
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The document presents a detailed legal inventory and probate record of the personal estate of Walter Irvine, an Esquire who died on January 7, 1824, at Luddington House in Surrey. The inventory was compiled by William Robert Keith Douglas (a Lord of the Admiralty and Executor), following Walter Irvine’s will dated October 18, 1823, which was proved in the Prerogative Court of Canterbury in 1824.
Key Details:
- Date of Death: January 7, 1824.
- Executor(s): William Robert Keith Douglas (one of four named executors).
- Will Proved: In January 1824 by the Prerogative Court of Canterbury under Act 48 Geo III cap. 140.
- Inventory Signed & Deposition Taken: October 25, 1825, in Edinburgh before Commissioner George Carphin Jr., with Douglas affirming the completeness and accuracy of the inventory.
Major Assets & Liabilities (Personal Estate):
I. Rents Due to Deceased:
- Total: £4,569.13.2½
- Includes arrears from tenants like Robert Gray, James Quirie, Thomas Wilsen, etc., plus specific rents and feudal obligations.
II. Debt to John Harlan:
- £245.5.1 (due at August 4, 1822), interest accrued until death: £17.10.½, totaling £262.15.1½.
III. Bond on Road from Auchter and Crail to St. Andrews:
- Principal: £150; interest (5% annual): £12.7.4½, total £162.7.4½.
IV. Lundenfoot Road Trusts:
- £50 principal, interest in three periods at 5%, 4.5%, and 4%: Total interest £5.1.2 (total value ~£55.1.2).
V. Wood Rents Due:
VI. Balance due to Walter Irvine from Walter Dickson (Account Current):
- £174.16.11, interest at 3%: £2.18.11, total £177.15.1.
Summary of Estate Value:
- Total value in Scotland: £5,258.6.2
- Real estate in England also deceased (Letters of Administration already granted).
Testamentary Will – Key Provisions:
Walter Irvine’s will outlines complex trusts and legacies:
1. Annually to Wife Catherine Irvine:
- £1,500 per year for life.
- Includes use of carriages, horses, furniture, wine, etc., as lifelong benefit.
2. Legacies to Children & Relatives:
- Daughter Elizabeth: One-third of real and personal estate (settlement agreement).
- Daughters Christina Charles and Catherine Grace: £35,000 each in three per cent consolidated annuities.
- Nieces Clara and Marian Troine: £100 annually for life.
- Son-in-law Wm. R.K. Douglas & others: £3,000 to nephew Walter Irvine.
3. Trusts & Management of Legacies:
- Trustee may invest funds in British stocks or real estate.
- Funds can be used for education, marriage, military commissions, etc., without affecting principal.
- Income reinvested (compound interest).
- Upon death, shares passed to children or heirs as Tenants in Common with survivorship.
4. Additional Bequests:
- £500 to Mary, daughter of a slave woman in Tobago.
- £100 each to Lane Annstrong and her assigns.
- £250 to each of three daughters (Betsey, Clara, Marian).
- £500 to Alexander Gordon for trust execution.
5. Power of Trustee:
- Trustees may appoint substitute trustees if any die or refuse duty.
- Executors can manage estates in the West Indies and adjust rents/leases.
Legal Verification & Probate:
- Witnesses (including William Adams, Joseph Pennington) affirmed authenticity of will and signature.
- Will was proved on January 28, 1824, registered, and administration granted to Catherine Irvine (relict), with executors sworn to act faithfully.
- Letters of Administration issued for England.
Final Notes:
This document confirms Walter Irvine’s death, the validity of his will, and provides a full inventory of his personal estate in Scotland (£5,258.6.2) and English holdings. The complex trust system ensures lasting financial protection for heirs, particularly daughters, with provisions for education, marriage, and inheritance.
In essence: Walter Irvine’s estate—diverse across Tobago, England, and Scotland—is meticulously inventoried, legally verified, and distributed through a sophisticated will that prioritizes lifelong support for his wife and structured trusts for his children.
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The text appears to be a combination of two main documents: the last will and testament of Walter Irvine, dated October 18, 1823, and related probate documentation.
Last Will and Testament
The will is written in a formal style, detailing Walter Irvine's wishes for the distribution of his estate after his death. He appoints five executors to manage his estate: Catherine Irvine (his wife), William Robert Keith Douglas, Alexander Gordon, John Hamilton, and Thomas Bruce.
Walter bequeaths various legacies to friends, family members, and charities. These include:
- An annuity of £500 per year to Ann Stewart for life
- £2,000 each to his nieces Clara and Marian Troine
- £1,250 each to his other nieces (Euphonia Gordon and Elizabeth Gordon)
- £5,000 to Christopher Irvine
- £3,000 to Walter Irvine
- £35,000 each to William Robert Keith Douglas, Alexander Gordon, John Hamilton, Christopher Irvine, and Thomas Bruce (to be paid out of the proceeds of three percent consolidated annuities)
He also establishes a trust for his daughters Elizabeth Douglas, Christina Charles, Catherine Grace, and Betsy. Each daughter will receive one-third of the estate upon their marriage or death. The surviving husband will have a life interest in the legacy after his wife's death.
Walter also directs that his real and personal property be held in trust for his three daughters (or any of them who survive him) to be divided equally between them as tenants in common with benefit of survivorship. He also provides for the education, maintenance, and advancement of each daughter's children.
Probate Documentation
The will was proved on January 28, 1824, in the Prerogative Court of Canterbury, where Catherine Irvine and William Robert Keith Douglas were sworn as executors.
On November 12, 1825, Lord Wm K K Douglas (presumably a judge) granted probate to the executors. This grant refers back to Walter's deposition on the inventory of his personal estate on October 25, 1825.
The probate documentation includes various affidavits from witnesses who attest that Walter Irvine was of sound mind and disposing memory when he made his will. The will is described as being written in eighteen sheets of paper with a seal attached to the final sheet.
Inventory of Personal Estate
An inventory of Walter's personal estate was prepared by Mr. Walter Dickson, Winter (a Signet). It lists various debts owed to the deceased, including:
- Peats and arrears of rents due
- Balance of debt due from John Harlan Esquire
- Interest on bonds issued for the road from Austrother and Crail to St Andrews
- Precedent of rent due at the time of death
The total value of Walter's estate in Scotland is estimated to be £5,258.6.2.
Overall, the text provides a detailed picture of Walter Irvine's last will and testament, as well as related probate documentation and an inventory of his personal estate.
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