Deed of Settlement
Margt Whiteford or Gregg
28th Jany 1844
I Margaret Gregg residing in Kilbirnie, Relict of the deceased John Whiteford, son of James Whiteford, weaver in Montgomerieston, Kilbirnie, for the favor and affection I have to my children after named, do hereby, but under the burdens after written, give grant assign and convey to and in favor of James, Andrew and Malcolm Whiteford, my sons and Janet and Margaret Whiteford, my daughters, equally among them and their heirs, all and sundry goods, gear, debts, sums of money, gold, silver, Bank and Bankers Notes household furniture and plenishing, bed and body clothes, bed and table linen and all other moveable and personal property whatever kind which may belong or due to me at the time of my death and whether situated in Scotland or elsewhere, with the vouchers of the debts due to meand all that has followed or may follow thereon.
And I appoint my said children and the survivor or survivors of them to be my executors or executor with all the powers and privileges competent to that office - But said executor or executors shall be bound to deliver at my death to the said Janet and Margaret Whiteford equally between them or their heirs the whole body clothes, ornaments then belonging to me, and at same time to deliver to the said Janet Whiteford my half dozen of silver teaspoons and the articles to be delivered to my said daughters are not to be reckoned as part of their share of my other moveable estate.
My said executor or executors will also be bound to pay all my just and lawful debts, sickbed or funeral charges: and farther, I do hereby for the causes foresaid, but under the burden after inserted give grant dispose and convey to and in favor of the said James Whiteford my eldest son, his heirs or assignees whomsoever all these eighteen falls & twelve ells of ground or thereby with the houses or other buildings theron lying on the north side of Smiddyfauld at the Village of Kilbirnie Bridge, being eighty feet in front, bounded on the north by the road leading from the village through the Schoolgreen, on the east by John Walker's house and garden, on the south by lands in Smiddyfauld belonging to William Cochran Esq. of Ladyland and to the west by a piece of ground purchased by John Whiteford weaver in Montgomerieston, as the same as marched (?) and meithed (?) and with the lands, parsonage and vicarage of said eighteen falls and twelve ells of ground lying in the Bridge of Kilbirnie, within the Parish of Kilbirnie and Shire of Ayr: together with all the right or title which I or my authors had, have or can pretend to said subjects after my death - but the heritable subjects before described as well as the said James Whiteford my son the disponse, thereof and his foresaids, are hereby expressley burdened with the payment of a legacy of £25 sterling to each of the said Andrew, Malcolm, Janet and Margaret Whiteford my children or their respective heirs and that at the first term of Whitsundy or Martinmas occuring after my death with interest thereof from the time the same falls due till paid. Which Legacies are hereby declared to be a real burden affecting the heritable subjects above disponed amd I ordain the same as such to be inserted in the infeftments (?) to follow hereon and in all future conveyances and investitures of said subjects till paid & discharged. Reserving my own free use and enjoyment of the premises both heritable and moveable above conveyed and full power to one at any time of any life to alter or evoke these presents in whole or in part as I may see cause.
In which heritable subjects above disponed I do hereby but under the seal burden of the legacies above specified oblige me and my heirs to infeft and sease the said James Whiteford, my son, this foresaid on thier own expenses and that by two several infeftments and manners or holding one whereof to be holden of and under me and my foresaids on free bleuch (?) for payment of a penny Scots on the ground of said subjetcs at Whitsunday yearly if asked only and relieving us of the feu and other duties payable to our superiors and the other said infeftments to be holden from me and my foresaids of and under my immediate lawful superiors of said subjects in the same manner and as fully and freely in all respects as I hold or might have held the same and that either by the resignation or confirmation or both, the one without prejudice of the other and for completing said infeftmnets by resignation I hereby make and constitute.
Jointly and severally to be my lawful and evocaeable prosecutors with power to them to appear before my lawful superiors of said subjects or their commissioners in their name having power to recieve resignations and to grant new infeftments, and there for one and in my name to resign and surender as I do hereby under the seal burden before written resign, upgive, and surrender all and haill to the subjects specially before disponed with the teinds and pertinents lying and bounded in manner before written and here held as repeated with all right and title I have and can pretend there after my death, in the hands of my said superiors or of their commissioners foresaid in favor of and for new infefments of the same to be made and granted to my said disponse this foresaids heritably and indeemibly in due and competent form.
And farther hereby under said seal burden make and constitute my said disponsee and his said foresaids my lawful assignors and assignees not only in and to the rents, mails duties of the subjects before conveyed from and after the first term of Whitsunday or Martinmas imediately proceeding my death and in time coming, but also in and to the title deeds of said subjects hail clauses and obligations therein contained and all that has follwed or may follow thereon.And I dispense with the delivery hereof and declare that these present shall be effectual altho' formed lying by one or in the custody of any other person undelivered at the time of my death, notwithstanding of any law or custom to the contrary - consenting to the registration hereof in the Books of Council and Session or others competent therein to remain in preservation, I constitute.
For that purpose moreover I hereby desire and require you and each of you my Bailies in that part to the effect after specified specially constituted that on sight hereof, ye pass to the ground thereof of the subjects before disponed and there give and deliver heritable state and sasine, real, actual and corporal possession of all and haill the foresaid 18 falls and 12 ells of ground or thereby with the houses and other buildings theron and teinds and pertinents thereof lying and bounded in manner before written and here held as repeated to the said James Whiteford my son, this foresaids but under the real burden before written here held as repeated: and that by delivery to him or them or to an attorney in his or their name, bearer hereof of earth and stone of and upon the ground of the said subjects, grass and corn for said teinds and all other symbols requisite and this in no ways leave undone for doing therof I commit to you full power.
In writing whereof these presents written upon this and the two proceeding pages of stamped paper by Thomas Reid, apprentice to Robert Speir and William Love, writers in Beith, are subscribed by me the said Margaret Gregg or Greg at Kilbirnie, the 23rd day of January 1844 years, before these witnesses the said William Love and Thomas Reid.
signed - M Gregg
Wm Love witness