CWM-1/05 Disposition and Assignation, Duncan Campbell to Patrick Campbell, 1740
[cover]Disposition & Assignan
Duncan Campbell in
Auchinsicallan
In Favour of
Patrick Campbell
his Son
1740
[1]Be it Known to all men by this presents me
Duncan Campbell in Achinsicallan for the Love favour and
Affection which I have and Bear to Patrick Campbell
my Eldest Lawful Son procreat Betwixt me and Florence
Cameron my Second Spouse and for the Better Eneabling
him to make payment of such debts as shall happen to be
Resting by me the time of my Decease will [–?–] me to have
sold overgiven and Disponed Like as I by this Presents
with and under the Burden of the provisions reservations fa:
:cultys and Declarations aforementioned Sell overgive and
Dispone to and in favours of the said Patrick Campbell and
the heirs male Lawfully procreat or to be procreat of his body
which Failzing to Alexander Colin and Patrick Campbells
my Grandchildren Sons to the Deceast John Campbell my
Eldest Lawfull Son of the first Marriage and the heirs
male Lawfully procreat or to be procreat of their Bodies
Equally and proportionally Amongst them & Failing of any
one of my said Grandchildren by Decease without Leaving
ane heirs Male of his Body to the survivors of them and
the heirs male of their Bodies Equally & proportionally
as said is And Failzings of two of my said Grandchildren
without leaving heirs male of their Bodys to the Surviver
of them and the heirs male of his Body without Division
which all Failzing to the said Patrick Campbell my
Son his heirs male whatsomever which Failzing to his
heirs or Assignys whatsomever All and Sundry Debts
Sums of money Goods gear Cropt Cows horse nolt Sheep goats
and all others of whatsoemever Denomination or kind the
Same beasts also all and Sundry household plenishing
Cloths woolen and Linnen Chests presses Cabinets Armes
pots pans pewlter and wooden Trinchers & pleats and
all other furniture and Moveables of whatever Denomination
as said is (hiership moveables not Excepted) within my dwelling
house or without the same pertaining or which at any time
during my Lifetime and at my Death shall happen to per:
:tain belong or be addebted to me And Further I hereby
make Constitute and ordain the said Patrick Campbell my son
and his forsaids which Failzing as said is always with and
under the Burden of the provisions reservations facultys &
Declarations aforementioned my Cessioners & Assignys In and
to
Dun Campbell
Assedations Decreets Sentences and all other writes Evidents an[d]
Securitys whatsomever granted to me or Concieved in my Favour
or whereunto I may have or happen to have right any manner
of way During my Lifetime and at my Death Turning and Tra[ns:]
:ferring the haill premises from me to and in favours of the
said Patrick Campbell my son and his forsaids which Failzing
as said is And I hereby Surrogate & Substitute him and
his forsaids which Failing as said is always with and under
the Burden of the provisions reservations facultys & Declarat[i:]
:ons aforementioned in my full in my full right view and plac[e]
of the Haill premisses with full power to him and his forsaids wh[ich]
the Debts Sums of money cropt Catle houshold plenishing[s]
haill others hereby Disponed & Assigned and to use and Di[s:]
pose thereupon at his pleasure and if need be to call charg[e]
Follow furth and pursue therefore as Accords of the Law
Acquitances and Discharges therefore to grant Subscribe
and Deliver which Shall be as Sufficient to the Receivers
as if I had granted the sums my Self in My lifetime and
to do every other thing thereanent that I might do mysel[f]
if I were in life Dispensing with the generallity here[by]
and Admitting & Declaring the same to be as valid Effectual
and Sufficient to all Intents and purposes as if Each de[bt]
and Sum of money and the whole household plenishing cro[pt]
goods gear catle and others hereby Disponed were particu[:]
:larly and Expresly herein named and Insert whereanent
I hereby Dispenced for Ever Reserving always to me my life[:]
:rent of the haill Debts Sums of money Catle and others hereby
Disponed and Assigned As also full power faculty & Liberty
at any time in my own lifetime of Etiam in Articulo mortis
to alter and Innovate this presents and Dispose upon the whole
Debts sums of money Household plenishings Cropt Catle &
others hereby Disponed & Assigned or any part thereof to any
person or persons I think fitt without Consent of the said
Patrick Campbell my son his forsaids or the other Substitut[es]
above named had or obtained thereto Sicklike and as freely
in all respects as if this present Disposition & Assignation
had never been mad in his or their favours As also pro:
:viding Likeas it is hereby Expressly provided and Declared
that these presents are granted and Accepted with or under
the Burden of paying my Just and Lawfull debts that Shall happen
to be resting by me the time of my Decease and of paying my
funerall Charges And particularly without prejudice to the
generality forsaid with and under the Burden of paying
the provisions made by me in Favours of the said Florence
Cameron
Dun: Campbell
[3][m]y Second Spouse C[onf]orm to Contract of Marriage past be[:]
Campbell my third lawfull Daughter procreat betwixt m[e]
and the said Florence Cameron whatever provisions I have
made or Shall make in her Favours And that this prese[nt]
right and Disposition may be the more Effectual I by this
presents revoke recall and Annull all former Assignation[s]
rights and Dispositions of the premisses or any part ther[e:]
:of to any person or persons preceeding the day and Date
hereof Excepting [–?–] and from this revocation the pro:
:visions made by me in favours of the said Florence Cameron
Conform to the said Contract of the date forsaid whic[h]
is to Stand good and Intyre to her notwithstanding of
the [above] revocation and to affect the moveables hereby dispon[ed]
and Assigned which Disposition and Assignation above
written I hereby Bind and oblige me to warrand to the sd
Patrick Campbell my son And his forsaids at all hand[s]
and against all Deadly as Law will Dispencing with
the not Delivery hereof and Declaring hereby the same
to be as valid and Sufficient to the said Patrick Camp[bell]
his forsaids and the other substituts [above] named as if the same
were Delivered whither found in my own or in the cust[ody]
of any other person the time of my [decea]se And for the More Security I Con[sent]
to the Registration hereof in the Books of Councill and
Session or others Competent therein to remain for pre[:]
servation and thereto I Constitute
my Procrs. &c In
witness whereof I have Subscribed this present[s]
Consisting of this and the Two preceeding pages of Stampt
paper with the marginall note upon this and the
Second page (written by Duncan Campbell writer in Lorn)
At Achinisicallan the Twentie Second day of Jull[y]
One Thousand Seven hundred and Fourtie years Before the
witnesses Colin Campbell of Invergaunan and the said
Duncan Campbell writer hereof witness also to the said
Two Marginall notes
Colin Campbell wittness
Dun Campbell witnes
Dun: Campbell
