Will of David Balfour

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This is a transcript of the Cupar Sheriff Court's testament (GROS SC20/50/51)  of the last will of David Balfour who died in Low Torry, Torryburn on 26th July 1877.
  • Note: The original spellings have been used.
  • Note: Bo'ness (or Boness) is the abbreviation (used exclusively these days) for Borrowstouness.
  • Note: 296 in 1877 is worth between 20,000 and 200,000 by the year 2002 depending on the inflation index chosen


278     279  
  At Cupar the first day of March Eighteen hundred and seventy eight The following Inventory of the personal Estate of the late David Balfour with relative writ was presented by John Ross Writer Dunfermline to be recorded in this Register conform to Law. Inventory of the Personal Estate wheresoever situated of David Balfour, Mineral Borer who resided at Low Torry in the Parish of Torryburn and County of Fife, and died there on the twenty sixth day of July Eighteen hundred and seventy seven years.


    Bonus additions theron as estimated   32 10 . 132 10 .
4 Value of 15 shares numbered 11753 to 11757 inclusive and 12388 to 12397 inclusive in the Monkland Iron and Coal Company, the present market value of which are 2.25 each. 41 5 .      
    Less transfer fees and brokerage say


. 2 5.   39 . .
1 Cash in the house at date of deceaseds death   1 16 .   5 Amount contained in Bond and disposition in Security dated 27th June 1877 granted by John Balfour residing in Low Torry in favor of the deceased, over subjects situated there 50 . .      
Interest thereon to date of Oath to Inventory   . 12 6 50 12 6
2 Value of Household furniture Body clothes and other personal effects belonging to the deceased including Boring material all as per Inventory & Appraisement   40 3 .   6 Amount of Cash advanced by the deceased to the said John Balfour per receipt therefor 20 . .      
Interest thereon to date of Oath to Inventory   . 5 . 20 5 .
3 Amount contained in a Certificate or Policy of Insurance issued by the Scottish National Insurance Company Edinburgh, on the life of the deceased numbered 3255 and dated 24th January 1854.   100 . .   7 Value of four shares numbered 38 to 41 inclusive in the Bo'ness Property Investment and Building Society         12 8 .
    Total amount of Personal Estate in the United Kingdon and money received on Heritage in Scotland         296 13 6
                  (Signed) John Balfour, Executor,      William McMay J.P.              
280 At Borrowstouness the seventeenth day of October Eighteen Hundred and seventy seven years, In Presence of William McAay Esquire, one of Her Majestys Justices of the Peace for the County of Linlithgow; Appeared John Balfour Wood Merchant residing at Thirlstone Cottage, Borrowstonness in the County of Linlithgow, who being solemnly sworn and examined Depones That David Balfour Mineral Borer residing at Low Torry in the Parish of Torryburn and County of Fife, died there upon the twenty sixth day of July Eighteen Hundred and seventy seven years. That the Deponent is about to enter upon the possession and management of the deceaseds Estate as Executor, nominated by him in a holograph Testamentary Writing or Settlement executed by the deceased of date twenty fourth October Eighteen hundred and seventy two, which is now exhibited and docqueted and signed by the Deponent and the said Justice of the Peace as relative hereto, and further or otherwise that the Deponent has entered upon the possession of the deceaseds personal Estate as Executor Dative qua nearest in Kin to the deceased decerned to him by the Sheriff of Fifeshire on twenty first December Eighteen hundred and seventy seven and that the Deponent Knows of no Testamentary Settlement of Writing relative to the disposal of the deceaseds personal     281 Estate of Effects or any part thereof other that the said Holograph Testamentary Writing or Settlement. That the foregoing Inventory signed by the said Deponent and the said Justice of the Peace as relative hereto, is a full and complete Inventory of the Personal Estate and effects of the said deceased David Balfour, wheresoever situated and belonging or due to him beneficially at the time of his death, and money secured on Scottish Bonds excluding Executors, and money secured on Scottish Bonds or other Instruments the rights to which have been taken excluding Executors belonging to the deceased, liable to the duty imposed by the Acts 23 Vict. C.15 and 23 and 24 Vict. C.80; in so far as the come has some to the Deponents Knowledge. That the value at this date of the said Personal Estate and effects situated in Scotland and of the said money including the proceeds accrued thereon down to this date is Two Hundred Pounds Sterling and under Three hundred pounds Sterling. that confirmation of the said Personal Estate is required in favor of the Deponent. All which is truth as the Deponent shall answer to God. Twenty words delete.

(Signed) John Balfour Executor. William McAay J.P.

Holograph Testamentary Settlement 1872 Hamilton 24 October.

[To James Harrower Falkirk - crossed out] Now I wish you to draw out

282 a will to come in fors after my death if my wife Ann Nicol or Balfour survives me she shall have the income of all or anney propertys that may Belong to me at my Death and all money with Insurance pollecy that is payable at my death with aded Boneses that is Belaning to Insurance pollecy on my life and my Boring material to be sold as soon as practiable and to be added to the above money or moneys with Insurance moneys above stated all to be invested in the name of the Trusees after named. that my wife Ann Nicol or Balfour shall have the yearly income or proffits that may arise frome the propertys and all money belong to me at my death.

I hereby appoint my son John Balfour any my wife's son James Harrowar and my brother Jameses son James Balfour residing in London to see my wishes carried out to take an inventory immediately after my death alsow after my wife Ann Nicol or Balfour death.

I wish all my Effects of property and all money Belonging to me at my death as may have been ascertained by Inventory taking at my death to be disposed of as followes my property in Torry bounded on the South by the Dumfermline and Stirling turnpike Road on the West by Thomas Eigder property on


  283 the North by the Lands of Torry on the East by Thomas Hendersons property this property to belong to my Sone John Balfour an his airs by giving my Daughter Janet Balfour the some of Twenty Pounds Sterling for an as a marriage Gift only if she is not married in my lifetime if she is married before my death then the Torry property as above described must belong to my Sone John Balfour and his airs free of all Debt or debts All other money or moneys or property or propertys or moveable effects to be Euquelly devided in three shairs not Including the above Disposed of Torry property to be Disposed of in the following maner one third share to my Sone John Balfour and his airs one third share to my Daughter Janet Balfour or her airs one third share to my wife Ann Nicol or Balfour famly to be equally divided into shairs between them or their airs.

Hamilton 24 October 1872

(Signed) David Balfour

Boness 17th Oct 1877 This is the Holograph Testamentary Writing or Settlement referred to by me in my Affidavit of this date and signed by me as relative thereto

(Signed) John Balfour Executor William McMay J.P.

Written by Alex Jervis