James Richardson

James Richardson¹

• Father: Robert Richardson^1,2 b. 29 Mar 1747
• Mother: Margaret Runchaman^1,2 b. 2 Nov 1746, d. aft. 1784

• Charts: RICHARDSON

• Relationship: 4th great-uncle of Lorna Henderson.

• Link2FT*: Follow this link for more information on James.
• Birth*: James Richardson was born on 9 Jul 1782 at Whitelaw, Par. of Maxton, ROX, SCT, "Robert Richardson, smith in Whitelaw and his wife Margaret Runchaman had a child born 9th July 1789 called James."^1,3
• Marriage*: James Richardson married Jane Russell on 20 Dec 1811 at Edinburgh St Cuthberts, MLN, SCT.^3,4,5
• WillPublish*: On 31 Oct 1865 James Richardson was living of Hays Court, Main Pt, Edinburgh, MLN, SCT, when he wrote his will, dying "I James Richardson formerly Smith and Cartwright at Orchardfield and now residing at Hays Court Main Point Edinburgh Considering that it is expedient that I should settle my affairs so as to prevent dispute after my death and having full trust and confidence in the party after named for executing the Trust hereby created do therefore and for other good causes and considerations Give Grant and Dispone to and in favor of Thomas Edmonston Ironmonger West Bow Edinburgh and to such other person as I shall hereafter name or as shall be assumed to act in the Trust hereby created and to the acceptors or acceptor and survivors and last survivor of them as aforesaid as Trustees for executing the Trust hereby created whom all failing then to the nearest heir male of the last accepting and surviving Trustee who shall be major at the time (the said Trustees named and to be named and assumed and their foresaids being throughout these presents denominated "my Trustees") and the assigness of my Trustees heritably and irredeemably All and Sundry Lands and Heritable Estate of every description As also my whole moveable means and estate of whatever kind and denomination heirship moveables included which shall belong to me at the time of my death But excepting always from the foregoing general disposition and conveyance the heritable subjects hereinafter specially disposed and conveyed And I bind and oblige me and my heirs and successors to grant all necessary deeds and writings in favor of my Turstees for implementing and fulfilling the foregoing general disposition and conveyance of my heritable and movealbe means and estate And I nominate and appoint my Trustees to be my sole Executors But declaring that these presents are granted by me uses and purposes aftermentioned vizt First My Trustees shall pay all my just and lawful debts sickbed and funeral expenses and the expenses of executing the Trust hereby created (Second) My Trustees shall so long as my daughter Jean remains unmarried after my death make payment to her of a yearly annuity of Twenty pounds Sterling and that half yearly at the usual terms of Whitsunday and Martinmas beginning the first payment thereof at the first of these terms which shall happen after my death and that for the half year following and so forth always in advance yearly termly and continually thereafter so long as she remains unmarried and my Trustees shall also during the period foresaid allow her the full liferent use and enjoyment of the whole household furniture belonging to me at the time of my death or at her choice and in her option pay her at the term when the first instalment of the said annuity falls due the sum of Twenty pounds Sterling in lieu of such liferent uwe and enjoyment (Third) My Trustees shall divide among my whole children alive at the time of my death excluding my said daughter the whole residue and remainder of my said means and estate generally above disposed and that equally among them share and share alike. And the said division shall be made as soon after my death as may be convenient and in so far as regards the portion of my estate liferented or held in trust for my said daughter so soon as her right therein shall terminate And it is my express desire that my Trustees shall have all the powers conferred on Gratuitous Trustees by the act Twenty four and Twenty fifth Victoria Chapter Eighty four And further I hereby give full power to my Trustees to make up and complete in their persons as Trustees foresaid all proper titles to the lands and estate generally before disposed with power also to do all other acts and deeds necessary for the execution of the present trust And further I the said James Richardson do hereby Give Grant and Dispone to and in favor of my Children Catherine Richardson or Peacock wife of Adam Peacock residing at Lauriston Terrace Edinburgh Thomas Richardson Smith and Cartwright Spittal Street Edinburgh Margaret Richardson or Scott wife of David Scott Lothian Street Edinburgh and James Richardson presently residing at Dunedin New Zealand or elsewhere abroad and the survivors and survivor of them and the heirs or assigness of the last survivor and that jointly and equally and prop indiviso heritably and irrediimably but under this condition that if it shall be judged advisable by the major number of my said desponsees and the survivors fo them to sell or dispose of said subjects the majority shall have the power to do so All and whole that irregular piece of ground part of the lands of Highriggs commonly called Crichen's gardens purchased by James Dun Wright at lauriston from John Adam Esquire Architect in Edinburgh with the houses and others built thereon being the subjects and others particularly described in an Instrument of Sasine in my favor dated the Twenty third day of July One thousand eight hundred and forty two and recorded in the particular Register of Sasines etc for the Sheriffdom of Edinburgh etc of the date last mentioned but it is expressly provided and declared that the pro indiviso share of such of my said children as may decease at any time leaving issue shall descend to such issue equally and share and share alike and also that the subjects specially above described are disponed and shall be held by my said children subject to the burden of the annuity specified in the said Instrument of Sasine and also to the real burden of the said annuity directed by the second purpose of the preceding Turst to be paid to my said daughter without prejudice nevertheless to the presumary obligation already imposed on my Trustees for payment thereof And it is further expressly provided and declared that the provisions hereby made in favour of daughter shall not be subject to the jus mariti and right of administration of any husband or husbands to whom they may be married nor shall the said provisions be affectable by the debts or deeds of such husband or husbands or by the diligence of their creditors but the same shall be payable to the said daughters or their own simple receipt only Declaring further that the provisions hereby made in favour of my children are granted and shall be accepted of by them as in full satisfaction to them of all ligitem bairns part of ?year? share of executry half or third of moveables and every other Idim or demand which they might make by or through my death in any manner of way with entry to the respective subjects generally and specially before disponed from and after the term of my decease And I resign the said respective subjects for new insessment or investiture to be holden a me vel de me And I assign to my said respective disponees the rents that may become due ?forth? of the foresaid lands and others but that in the case of the subjects generally before disponsed in trust always as before expressed And I assign to my said respective disponees the writs and evidents of the said subjects Moreover and in order to carry into effect the foregoing dispostions and provisions I do hereby in virtue of the powers reserved to me in a disposition of the subjects specially before disponed granted by Thomas Russell wright in Porteburgh in favor of me the said James Richardson and my wife Jean Russell or Richardson now deceased and our chldren for the respective interests of liferent and fee therein mentioned and bearing date the Twenty second day of July One thousand eight hundred and forty two revoke and recall the destination or substitution therein contained in favour of the said deceased Jean Russell or Richardson and of the chldren of our marriage and declare the same to be of no force strength or effect And further and consistently with that rule of law which declares donations betwixt married persons to be revocable I do hereby revoke and recall a disposition of the subjects specially before disponed granted by me in favour of the said deceased Jean Russell or Richardson dated the Twenty second and recorded in the said Particular Register of Sasine the Twenty third day of February One thousand eight hundred and sixty and that in the whole heads articles and clauses thereof And further I do hereby revoke and recall all testamentary writings previously executed by me And I reserve full power to myself at any time of my life and even on deathbed to alter innovate or revoke these presens declaring that any writing of a testamentary nature subsequently executed by me and expressive of my will and intention shall be held and taken to be part and parcel of these presents And I reserve my own liferent right And I consent to registration In Witness Whereof these presents consisting of this and the two preceding pages together with a marginal note on page second and having the eighth word on the thirty ninth line of page first altered to "excluding" before subscription all written by Thomas Jackson Wilson Clerk to Geroge Cotton Solicitor before the Supreme Court of Scotland Edinburgh are subscribed by me at Edinburgh on the thirty first day of October One thousand eight hundred and sixty five years before these Witnesses the said George Cotton and the said Thomas Jackson Wilson (all signed)
  I James Richardson grantor of the foregoing Trust Disposition and Settlement do hereby with reference to the provisions of that deed in favor of my daughter Jean Richardson which are declared to terminate on her marriage provide and declare and appoint that she shall be entitled in the event of her marriage to receive an equal share along with my other children of the subjects heritable and moveable genearlly conveyed by the said Trust Disposition and Settlement and also of the subjects in Highriggs specially disponed to my other children and that in the same way as if her name had been inserted in the said Trust Dispostiion and Settlement as a Residuary Legatee and as a Disponee along with my other children And I do hereby Ratify & Confirm my said Trust Disposition and Settlement in all other respects In Witness Whereof these presents annexed to the said Trust Disposition and Settlement and written on part of this page by Martin McCall Clerk to George Cotton Solicitor Supreme Court Edinburgh are Subscribed by me at Edinburgh the second day of November Eighteen hundred and sixty five before these Witnesses the said George Cotton and the said Marin McCall (signed)
  With annotation 18th May 1868 "Referred to in my deposition of this date" signed Thos Richardson and James Gulland J P. He specifically remembered the following relatives: Jean Richardson, Catherine Peacock, Thomas Richardson, Margaret Scott and James R Richardson.⁶
• Death*: James Richardson died on 9 Feb 1868 at 39 Fountainbridge, Edinburgh, Dist of Newington, MLN, SCT, at age 85; cert. shows James as late smith & wheelwright widower of Jane Russell died 4:40pm age 85, of debility age; S/o Robert Richardson blacksmith dec and Jane (sic) m.s. Runciman dec. Inf son Thos, present, reg. 12th Feb.^2,3

• Last Edited: 22 Nov 2008