"all and whole my heritable and movable estate, chattels, and effects, goods and gear, debts and sums of money." After further description of the movable estate, there follows: "As also all lands, messuages, tenements, and hereditaments presently pertaining to me, or that may pertain or belong to me at the time of my decease, and particularly without prejudice to the foresaid generality, all and whole the lands of Forden, now called Lawers, comprehending," &c.: "But always with and under the conditions, provisions, and reservations after specified, and in trust always for the* uses, ends, *3 and purposes after mentioned; viz., declaring, as it is hereby expressly provided, that these presents are granted by me, the said Major-general Archibald Robertson, with full' power to my said trustees, so soon after my decease as may be judged expedient, to call for, uplift, and discharge, or convey the principal sums contained in the several heritable bonds before assigned, or such parts thereof as shall then be remaining due, and interest that may be due thereon, and penalties if incurred; and also to call and sue for, receive, discharge, or convey, or in any other manner and way to dispose upon all and every sum or sums of money that may pertain and belong to me, whether vested in any of the public funds of Great Britain, or secured on mortgage in England, or in whatever other way the said sum or sums of money may be vested or secured, and also all other debts and sums of money due and addebted to me by whatever person or persons; and also to sell and dispose of the lands, mills, teinds, woods, fishings, messuages, tenements, and hereditaments, and others hereby generally and particularly disponed to them in trust, and that either by private sale or public voluntary roup, and by wholesale or by parcels, on such conditions and at such prices as they shall think fit, and with power to receive the prices or to take bonds for the payment of the same from the purchasers, with one or more cautioners reputed responsible at the time. And for rendering effectual such sale or sales, I hereby grant full power to my said trustees to grant dispositions, assignations, discharges, and other writings necessary, with all clauses needful to the purchaser or purchasers of the said lands, teinds, mills, woods, fishings,

and others before disponed, and that simply, so as the *4 said purchasers shall be no *ways concerned about the

application of the prices thereof, nor be burdened or affected with any of the provisions herein contained." The deed then went on to give the trustees power to admit and eject tenants, to grant leases, appoint collectors of rents, &c.

Declaring always, as it is hereby expressly provided and declared, that my said trustees shall, by their acceptance hereof, be bound and obliged, after the sale of the said lands, teinds, and others before disponed, which I recommend to them to be done as soon as convenient after this trust opens to them, to satisfy and pay all my just and lawful debts, and to perform all the legal obligations I may then lie under for the payment of any sum or sums of money, more particularly those contained in the contract of marriage of date the 11th day of December, 1784, entered into betwixt me and Mrs. Catherine Austin, alias Robertson, my spouse, in case she shall happen to survive me; and on the sale of the lands, teinds, and others before disponed, to allow to remain in the purchaser's hands a sum of money, the annual rent of which shall be at least equal to her jointure or annuity, free of all deductions whatever, or to lend out such sum of money on heritable security at the sight and to the satisfaction of the persons at whose instance execution is to pass on the contract of marriage entered into betwixt her and me of the date before mentioned; the rights and securities for said sum of money to be taken to the said Catherine Austin, alias Robertson, in life-rent, during all the days of her lifetime, in security to her of the jointure or annuity provided to her in the contract of marriage before mentioned, and to my said trustees in fee, for the purposes of the trust as after men

tioned, and to their assignees. And after payment of my 5 just and lawful * debts, as before mentioned, and secur

ing a sum for payment of my said spouse's jointure or annuity in manner before mentioned, and also after payment of expenses necessarily incurred in the execution of the trust, I hereby appoint my said trustees to content and pay, or assign and make over to such person or persons as I may already have named and appointed, or shall hereafter name

and appoint, such sum or sums of money, or proportion or proportions of the moneys arising from the subjects hereby generally and particularly conveyed and disponed in trust, including the fee of the sum to be life-rented to my said spouse in case she survive me, as I shall judge proper, payable at such terms and under such conditions as I shall judge necessary. And after making payment of these sums, I hereby appoint my said trustees to make up a stated account of their intromissions and payments made in virtue of this trust, and to denude themselves of the trust hereby committed to them, by assigning, making over, or paying the residue of my means and effects hereby disponed to them in trust, including the right of fee of the same, to be life-rented by my said spouse, in case she shall survive me, in so far as the same shall not have been disposed of by me, to and in favour of any person or persons I may think proper to appoint, by writing; whom failing, to Rachel and Ann Robertsons, my sistersgerman, equally betwixt them, share and share alike, or to the survivor of them, and the heirs and assignees of the survivor. And on my said trustees obtaining discharges of the sums I shall think proper to dispone and bequeath as aforesaid, and on receiving a discharge or discharges from my said sisters or survivor of them, or the heirs or assignees of the survivor, for the residue of the moneys arising from the funds hereby conveyed in trust, if any residue shall * 6 remain, or from the heirs or representatives of such of my said legatees and residuary legatees as may have survived me, but died either before the sale of my said lands and estate, or before the conveyance or payment is made to them by my said trustees; I hereby declare that such discharge to my said trustees shall be a full and complete exoneration to them of their whole intromissions had with the whole beforementioned means and estate, heritable and personal, in virtue of this trust right. And further, as it will require time after this trust opens to my said trustees before they can turn my heritable subjects into cash, and uplift and receive payment of the heritable and movable debts due to me; therefore, and in case the free annual income of my means and effects shall

*

not be equal to, or sufficient for, the payment annually of the interest of the sums I may think proper to appoint my trustees to pay to the persons already named or to be named by me, in a writing under my hand as aforesaid, then and in that case I hereby appoint my said trustees in the mean time, until my said heritable subjects are turned into cash, and the heritable and movable debts due to me received, and my legacies paid off, to pay annually, in the first place, the jointure to my said spouse, in case she shall survive me, and any other obligations I may have come under; and thereafter to divide proportionally among my legatees the free annual income and produce of my funds hereby disponed in trust, and that in proportion to the sums bequeathed to each of my legatees, and at such terms and times as my said trustees shall receive such annual proceeds, or so soon thereafter as may be." *7 The said Archibald Robertson did also, upon the * 1st

of June, 1812, duly make another testamentary instrument, containing the following among other clauses: "Know all men by these presents, that I, Lieutenant-general Archibald Robertson, of Lawers, considering that, by a trust-deed executed by me of my heritable and movable estate and effects, generally and particularly therein described, bearing date the 29th day of November, 1799, to and in favour of, &c. (the trustees named), in trust always for the ends, uses, and purposes therein mentioned; and amongst others, my said trustees are required to turn my means and effects thereby conveyed in trust into money, and to content and pay, or assign and make over, to such person or persons as I shall name and appoint, by a writing under my hand, at any time of my life, and even on death-bed, such sum or sums of money, or proportion or proportions of the moneys arising from the subjects thereby conveyed and disponed in trust to my said trustees: therefore, in terms of my trust-deed, and in the event of a child or children, whether male or female, being procreate of my body of my present or any subsequent marriage, and existing at the time of my death, then and in that case I hereby direct and appoint my said trustees, and the quorum of them, to bestow and employ the profits and prod

uce of my said trust funds, remaining after the payments of debts and expenses, for the use and behoof of the heirs of my body declaring, that as soon as my heir shall be married or attain majority, then my said trustees shall be obliged to denude of my whole trust estate and funds in favour of the heirs of my body, but to return to my said trustees, for the uses, ends, and purposes mentioned in the said trust right, in case of the failure of heirs of my body, without otherwise disposing thereof after they shall have attained majority. But in the event of my decease without lawful issue of *8 my body of my present or any subsequent marriage, or in case of the failure of heirs of my body, without otherwise disposing of my trust estate and funds, then and in either of these cases, I hereby direct my said trustees, or quorum of them, to pay the sums of money after mentioned to the persons after named, out of my means and effects disponed and conveyed to them in trust; videlicet, to my dearly beloved wife Mrs. Catherine Austin, alias Robertson (over and above the jointure already settled by our contract of marriage), I bequeath the sum of 10,000l. sterling, to be entirely at her own disposal: I likewise hereby make over to her my right to any money or sums of money that she is or may be entitled to as one of the heirs of her late mother, the Honourable Mrs. Austin: I also hereby grant to her for her lifetime an annuity of 11007. sterling, and likewise the annuity she is entitled to from the widows' fund of the corps of his Majesty's Royal Engineers: I also bequeath to her, for the purpose of a jointure-house, with a stable and coachhouse, leaving the house and situation to her own choice, with such bits of furniture as she may incline, the sum of 40001. sterling."

After stating other bequests to his wife, and appointing annuities to different relations, and specific legacies to friends, the testator proceeded thus: "The residue of my means and effects, including the right to the fee of the sums vested and secured for the payment of the said annuities, so far as not otherwise disposed of by me, I hereby direct my said trustees to pay and make over to my two nieces, Archibald Boyd