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Glasgow, Scotland, only surviving daughters of William PAGAN, Sugar Refiner in Glasgow, and Mrs. Margaret MAXWELL, his wife, both deceased. St. John County records. Trust Disposition and Deed of Settlement executed at Edinburgh, Scotland, 22 April 1823, registered 25 July 1824. Registered at the City of Saint John 16 April 1825.
Jane and Maxwell PAGAN conveyed to themselves, and the survivor of them, and to James EWING and George HENDERSON Esquires, merchants in Glasgow, and the survivor of them, but in trust always for the ends, uses and purposes after specified their entire present and future estate. First, the sum of £1,000 Sterling, being a provision made by Contract of Marriage betwixt our said father and mother dated 2 June 1753 in favour of the child or children procreated by them, which sum was appointed by our mother after the death of our father to us and Agnes PAGAN, our sister, now deceased, conformably to a Deed of Destination and Obligation executed by her on 9 September 1800.
Item, our share in the estates of William PAGAN, merchant in Saint John, New Brunswick, and Robert PAGAN, merchant in Saint Andrews, New Brunswick, our brothers, both deceased. But excepting from the particular Conveyance to the Trustees above written our whole silver plate, china, bed and body clothes, household furniture and plenishing, to be delivered at the death of our survivor to Mrs. Mary MAXWELL, wife of the Reverend James HALL of Edinburgh, and failing her, Miss Isabella HALL, her only daughter.
Item, Trustees to hold the fee of the estate and effects of said William PAGAN to be held, two sixth parts for behoof of George PAGAN and Maria PAGAN, children of our deceased brother Thomas PAGAN of New Brunswick; one sixth part for behoof of the grandchildren of the late John PAGAN of Quebec; the remaining three sixths to be paid to the same persons and in the same proportions as is hereinafter appointed with regard to our general residuary Estate.
Item, Trustees to hold the fee in Robert PAGAN's estate in trust for behoof of Marion POTT or PAGAN, widow of Robert PAGAN, for her liferent use of the annual proceeds and after her death, to hold the fee in trust for behoof of the said George and Maria PAGAN.
To Misses Elizabeth, Mary, Jane and Alexis SCOTT residing in North Hanover Street of Glasgow, £100 Sterling equally among them. To Mrs. Mary MAXWELL, wife of the said Reverend Doctor James HALL of Edinburgh, or failing her, Miss Isabella HALL, her only daughter, £100 Sterling. To James EWING and George HENDERSON Esquires each £100 Sterling. To Mrs. Margaret BUCHAN £100 Sterling. To each of the Reverend Doctor John DICK, Doctor Ralph WARDLAW and Mr. William KIETSTON of Glasgow and Mr. James PRINGLE of Pollockshaws, £50 Sterling. To Maria PAGAN, grand-daughter of late John PAGAN of Greenock, and Mrs. Mary PAGAN or FERGUSON of Greenock, daughter of the said John PAGAN, each 30 Guineas. To Janet CRAWFORD, our servant, £20 over and above the liferent annuity after mentioned.
To the Glasgow Auxiliary Bible Society, the Glasgow Baptist Auxiliary Society, the Glasgow Female Society and the Society for Educating the Fatherless Children of Ministers of the United Associate Synod, to be paid to the Directors at Glasgow, each 20 Guineas. To the Glasgow Hibernian School Society and the Glasgow Magdeline Institution each £12 Sterling. Trustees empowered to increase the above sums to all or any of the institutions, namely the Female Society, the Bible and Baptist Societies, the Society for the Children of deceased Seceding Ministers and the Irish School Society, but so as not to give to any one of them an additional sum greater than the donations above specified. All the donations payable at the first term of Martinmas or Whitsunday occurring twelve months after the decease of the survivor of us.
To Janet PAGAN, residing in Greenock, daughter of our late uncle John PAGAN, a yearly annuity of £15 Sterling, which may be increased to £20 if the Trustees think proper. To our servant Janet CRAWFORD an annuity of £5, if the Trustees see proper.
Residue of estate to be divided among Mary MAXWELL or HALL, or failing her, Miss Isabella HALL in her place, James EWING, Mrs. Margaret BUCHAN, George HENDERSON, their heirs and assigns in proportion to the special legacy provided to such person.
The survivor of us and after the death of the longest liver of us, the said James EWING and George HENDERSON and the survivor and accepter of them to be our Executors or Executor and sole and universal intromitters or intromitter. Witnesses: Andrew MITCHELL and James MITCHELL apprentice to Robert GRAHAME, Andrew MITCHELL and Thomas GRAHAME Junr., writers in Glasgow.
Administration of the estate in St. John County granted 15 May 1832 to William B. KINNEAR and Francis A. KINNEAR. Fellow bondsmen John KINNEAR and Harrison G. KINNEAR, all of the City of Saint John.
Petition for administration stated that Janet PAGAN died 2 January 1824 and Maxwell PAGAN died 5 June 1824; that the named executors proved the will in the Court of Great Sessions at Edinburgh; that the executors, by power of attorney dated 13 July 1831, empowered petitioners William B. KINNEAR and Francis A. KINNEAR to act for them in New Brunswick, and that there are assets in the hands of Robert PARKER Esquire. A seventeen page transcript of the will, or "Trust Disposition and Deed of Settlement" with eight pages of authentication by John LEARMONTH, Lord Provost and Chief Magistrate of Edinburgh, Thomas PEAT, Writer to his Majesty's signet and one of the Keepers of the record of the Court of Council and Session, Andrew PATERSON, Notary Public in Edinburgh, and John MITCHELL and Alexander HENDERSON, Notaries Public in the City of Glasgow.
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