Catherine Eckford (originally Haldane) was the wife of George Henry Eckford. This is from a copy of the will, in an envelope addressed to Mr Gedes, Athol, 8 Roman Road, Southsea, postmark "Edinburgh 415pm Jul 24 97"
I Mrs Catharine Haldane or Eckford of number six Newton Road, Bayswater in the County of Middlesex widow of the late George Henry Eckford Esquire, being desirous of settling the disposal of my means and estate after my death, do hereby give, grant, devise bequeath, assign, convey and make over to and in favor of my daughter and only child Mrs Emily Jane Eckford or Geddes, widow of the late Colonel Andrew David Geddes, my nephew Richard Burden Haldane of number ten Old Square, Lincolns Inn, London, one of her Majesty's Counsels, Member of Parliament, and my nephew William Stowell Haldane, writer to the Signet Edinburgh and to the Acceptors and Acceptor and Survivors and Survivor of them and to such other person or persons as may be assumed by them or him to act hereunder (such persons and their foresaids being hereafter called "my trustees") and to the assignees of my trustees my whole means and estate heritable and moveable, real and personal of whatsoever kind and wherever situated presently belonging to me or which may belong to me at the time of my death with the whole writs titles, vouchers, and instructions thereof and all that has followed or may be competent to follow thereon, But that in trust only for the uses ends and purposes and with and under the conditions provisions and declarations aftermentioned viz:-
(First)
For payment of all my just and lawful debts death-bed and funeral expenses, and the expenses connected with the execution of this Trust;
(Second)
For payment to my said daughter Mrs Emily Jane Eckford or Geddes during her life of the net annual income or produce of the residual of my said means and estate, and income to be payable at the terms of Whitsunday and Martinmas in each year or at such other periods as my trustees may consider most suitable and on her own receipt alone exclusive of the rights of any husband she may hereafter marry, declaring that this provision shall be for the alimentary use of the said Mrs Emily Jane Eckford or Geddes and without power of anticipation, nor shall the same be subject to the debts or diligence of creditors, either of herself or of any husband she may hereafter marry and that it shall be in full of all legitem or othe claim or whatever ground competent to her against my estate;
(Third)
For payment to my said daughter Mrs Emily Jane Eckfort or Geddes of any capital sum or sums she may at any time require or request for her own use or maintenance or for the maintenance, education or advancement of any of her children not exceeding in all the sum of two thousand pounds and declaring that my trustees shall have no concern with the application of any such sum or sums and that the same shall be payable to her on her own receipt alone;
(Fourth)
Subject to the foregoing purposes to hold the residual and remainder of my said means and estate for behoof of the child or children of my said daughter Mrs Emily Jane Eckford whether of the marriage with the said Andrew David Geddes or any other marriage she may hereafter contract to be paid and divided among them in the event of there being more than one such child in such shares as the said Mrs Emily Jane Eckford or Gedes may direct or appoint whether revocably or irrevocably absolutely or conditionally by any Deed Will or writing under her hand, and failing such direction or appointment or in so far as such direction or appointment may not apply, equally among them share and share alike;
And subject to the foregoing purposes said residue and remainder of my means and estate falling to such child or children of my said daughter shall vest and be payable in the whole should there be only one such child or as regards the share of each should there be more than one entitled to succeed, in the case of sons when they have attained the age of twenty one years and in the case of daughters when they have attained said age or when they have married under that age; but declaring that if one or more of any such children shall die before the share falling to him or her or them shall have become vested, leaving lawful issue, such issue shall be entitled to such share as their parent or respective parents would have if alive; and until the date of payment my Trustees shall apply the full annual proceeds or income of the presumptive share of each child, or so much thereof as my Trustees may consider necessary or proper for his her or their maintenance and education; and further it shall be in the power of my Trustees in their absolute discretion to make payment to any such child out of the capital of his or her presumptive share such sum or sums as they may approve for his or her advancement in life;
(Fifth)
In the event of the children of my said daughter all failing without acquiring a vested interest in said Residue and Remainder or in so far as the same may not vest in them my Trustees shall pay over said Residual and Remainder to my said daughter Mrs Emily Jane Eckford or Geddes and her representatives whomsoever; and I appoint the said Mrs Emily Jane Eckford or Geddes, Richard Burden Haldane, and William Stowell Haldane and the Acceptors and Acceptor and Survivors and Survivor of them to be my Executors or Executor: And I hereby confer upon my Trustees the following powers, privileges and immunities and that in addition and without prejudice to those conferred or that may hereafter be conferred by Statute upon gratuitous Trustees viz: Power either to leave the whole sums of money funds and others of which my trust estate may consist at the time of my death in the securities in which the same are or may then be invested or to lend out of the same and the produce thereof or any part thereof in the following accounts viz: upon heritable security in Scotland including Securities by heirs of Entail over policies of Insurance on the Granters life and over his interest in the entailed estate or upon the bonds debentures, debenture Stock Deposit Receipts Stocks Shares or other Securities of any Company or Bank in the United Kingdom or in any of the British Colonies or Dependencies, or in the purchase of lands houses or other real or heritable property feuduties or ground rents in Great Britain: And to sell buy and transfer the said several securities and investments as often as my trustees may think proper: As also the power to appoint factors cashiers and law agents either one of thir own number or any other fit person, and to allow such factors cashiers and law agents suitable remuneration; Declaring always that my Trustees shall not be liable or responsible in any manner of way for any loss or damage which may arise or be occasioned by the failure or depreciation in value if any of the funds or securities in which they may invest the whole or any part of the Trust estate under their charge or in which the name may be invested when they enter on the management thereof, nor shall they be liable either as Trustees or executors for omissions or neglect of management or for the insolvency of debtors or in respect of any appointment of any factor, cashier or law agent under them, And I hereby further declare and appoint that persons transacting with my Trustees shall have no concern with the application of the sums of money paid to them nor with any of the conditions or purposes hereof, but shall be fully exonered and secured by the discharges or other writings to be granted by my Trustees in relation to the premises: And I revoke all former wills or settlements made and executed by me and declare this to be my Last Will and Settlement; And I reserve my own liferent of the premises and full power to alter innovate or revoke these presents either in whole or in part. And I dispense with the delivery hereof: And I consent to the registration for preservation. In witness thereof I the said Mrs Catharine Haldane or Eckford have hereunto set my hand this 23rd day of June Eighteen hundred and ninety one before and in the presence of the witnesses under named and designed.
"Catharine Eckford"
Signed and acknowledged by the above named Catharine Haldane or Eckford as her last Will and Settlement in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as witnesses
"Elizabeth Hannant Landlady 6 Newton Road London witness"
"Francis G Haldane Writer to the Signet 139 George Street Edinburgh witness"
My thoughts on this:
I presume that this is either a Scottish will, or good in both Scotland and England, despite the fact that George and Catherine Eckford had lived in India for much of their life, and had retired to London. A clever trick to make two of the executors and trustees to be two nephews, one an English barrister, and the other a Scottish solicitor!
Catharine Eckford (or Haldane!) has given a great deal of freedom to her daughter, who can withdraw up to £2,000 (a quarter of the entire trust) for her own use without that being vetted by the other trustees. The daughter can also allocate beforehand different sized shares of the estate to her children when the trust is wound up on her death.
But Catharine Eckford also trusts her trustees a lot, since they can't be held responsible for any neglect of the trust! Perhaps that is normal for Scottish trusts.
I get a slight hint that Catharine Eckford has rather a low opinion of husbands! The Trust seems to have a certain amount of protection from any future husband of her daughter (who was 52 when this will was written, slightly old for remarriage, and definitely old for future children!) George Eckford, catharine's husband, did not have much money when he died, and he died intestate.
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