Contract of Marriage between John Macgregor & Margaret York
It is contracted agreed and matrimonially (inded) by and between John Macgregor Engineer in Glasgow of the first part and Margaret York, daughter of William York Builder in Glasgow, with the special advice and consent of the said William York, her father, of the second part, that is to say, the said parties have accepted and hereby accept of each other for the lawful spouses and promise to solemnise the marriage with all convenient speed, agreeably by the rules of the Church. In contemplation of which marriage hereby bind and oblige himself his heirs executors and successors whomsoever renouncing the benefit if discussion and division to make payment to the said Margaret York his promised spouse, if she shall survive him during all the says and years of her life after his decease and during her widowhood of a free yearly annuity of three hundred pounds sterling and that at two times in the year whit Sunday and Martinmas, in advance by equal portions, beginning the first terms payment thereof at the first of these terms which shall happen after the death of the said John Macgregor for the half year succeeding, and so forth half yearly termly and continually during the life of the said Margaret York, with legal interest of each terms payment during the not payment, and a fifth part more of each terms payment of liquidate penalty in the case of failure in the punctual payment thereof, and
Further the said John Macgregor hereby giver assigns and conveys to the said Margaret York, if she shall survive him, the liferent use and enjoyment of the whole household furniture plate bed or table linen and other furnishing belonging to him, and in use in his family at the time of his death, but it is hereby specially provided that in the event of the said Margaret York surviving the said John Macgregor, and entering into a second marriage, the said annuity of there hundred pounds shall therefore be restricted to an annuity of fifty pounds sterling per annum during all the days and years of her life, after such second marriage, payable in equal portions at two terms in the year Whitsunday and Martinmas, commencing the first payment of such restricted annuity at the first of these terms which shall happen after such second marriage for the half year succeeding, and so forth half yearly thereafter during her life, and also the said liferent of the said furniture and others before provided to her shall cease and determine on her entering into such second marriage and
Further the said John Macgregor binds himself and his foresaids to make payment to the said Margaret York in the event of her surviving him of the sum of fifty pounds sterling for mournings, and the proportion of the said annuity of three hundred pounds corresponding to the period between the date of his death and the first term of Whitsunday or Martinmas thereafter, as aliment for that period.
Declaring that the foresaid annuity, original and restricted, and the liferent of furniture and others in favour of the said Margaret York, are for her liferent, alimentary use (allenarly) and shall not be assignable by her nor subject to her debts or deeds, or the diligence of her creditors, and that the said restricted annuity shall be exclusive for the jus mariti and right of administration of any future husband she may marry, and shall not be assignable by her or him nor attachable for his debts or deeds or by the diligence of his creditors. Which provisions before conceived in favour of the said Margaret York, she hereby with consent foresaid, accepts of in full satisfaction to her of all lease of lands half or third of moveables and every other claim or demand, which she jure relietae or otherwise could ask demand or claim from the said John his heirs executors or representatives by and through his death in case she shall survive him, or that her nearest of kin could ask or demand from him through her death, in case he shall survive her, and
Further the said John Macgregor binds and obliges himself and his forsaids to make payment assign or dispose to and among the children of the said intended marriage and who shall survive the said John Macgregor or leave issue at the time of his death of a just and equal share and proportion of the one half of the whole estate, lands, leases and heritages, heritable and moveable, real and personal which shall pertain and belong to him at the time of his death, which share and proportion of the said one half of his estates shall correspond and bear the same proportion to the whole one half thereof, which the number of children of said intended marriage then alive, or who have left lawful issue shall bear to the whole children then alive, or who have left lawful issue of the said John Macgregor, both by the said intended, and by any other marriage, abd that at the first term of Whitsunday or Martinmas accruing twelve months after the decease, provided such children shall then have attained majority, or on their respectively attaining majority thereafter, with interest from the date of his death till the same is paid. Declaring that the value of such share and proportion of the estate of the said John Macgregor shall be ascertained in such manner as shall be pointed out by him any writing under his hand. Declaring that in the event of more children than one of the said marriage surviving the said John Macgregor, he shall have power by any writing under his hand to divide and apportion the said provision hereby made to the children of the said intended marriage, among them in such shares and proportions as he shall see fit and also to impose such restrictions on said provision, whether there shall be only one child or more than one child of said intended marriage on all or any of such child or children by way of alimentary liferent or otherwise and also to postpone the term of payment of such provisions or any part thereof, all as he shall consider expedient, and failing such division being made the said provision shall be paid assigned or disponed to the said children and the survivors and survivor of them attaining majority equally share and share alike, the issue of such of them as may have predeceased being entitled to their parents share which shall be paid assigned or disponed to such issue and survivor or survivors of them on their respectively attaining majority. And it is hereby provided that in the event of none of the children of said intended marriage or issue of such children attaining majority, the said John Macgregor shall have power to dispose of the share of his estate hereby provided to the children of said intended marriage, in such manner as he shall deem expedient, and failing his doing so, the same shall devolve upon his nearest heirs.
Which provisions before written in favour of the issue of said intended marriage and hereby declared to be in full satisfaction to them of all bairns part of gear legitim proportion natural exeantry and every other claim, which they or any other of them can ask or claim by and through the decrease of their father or the dissolution of the said intended marriage, all which are hereby uneuneed and discharged for which causes and on the other part the said Margaret York with advice and consent foresaid hereby assigns disponed conveys and makes over to herself and after her death to the said John Macgregor in liferent for her and his liferent alimentary uses allenarly and to the said children or child of the said Margaret York by the said intended or any other marriage equally among them the issue of the deceased being always entitled to their parents share whom failing to the heirs and assignees of the said Margaret York in fee all and sundry the whole lands leases and heritages and goods gear effects debts and sums of money and in general the whole estate heritable and moveable real and personal presently pertaining and belonging and resting and owing to her or which she may acquire conquest or succeed to during her life with the writs and instructions of the said several subjects and all that has followed or is competent to follow thereon, declaring that the said Margaret York shall have power by any writing under her hand to divide and apportion the said provision of her estate above conceived in favour of her children among them in such shares and proportions as she shall see fit but so as that a sum shall be allocated to the children of the said intended marriage in proportion to the number which the children thereof alive at his death shall bear to the children of any other marriage into which she may enter alive at her death and also to impose such restrictions thereon in reference to all or any of the said children by way of alimentary liferent term of payment or otherwise as she shall see fit declaring that in case of the said John Macgregor shall survive the said Margaret York, and enter into future marriage, then and upon that event the liferent above provided to him shall ipso facto cease and determine and declaring that the said liferent of the estate of the said Margaret York in favour of her and the said John Macgregor shall not be subject to her or his debts or deeds, nor the diligence of her or his creditors which diligence is hereby expressly excluded and she or he shall have no power to assign or dispose of the same and
Lastly it is hereby provided and agreed upon by the parties that though the said intended marriage shall happen to be dissolved by the death of either party within year and day after the solemnization thereof, without a living child being born of the same, yet this present contract and which provisions and clauses herein contained shall subsist and continue in full force, any law or practice to the contrary notwithstanding and the parties consent to the registration hereof in the books of council and session or others competent therein to remain for preservation and needful that letters of Horning on six days charge and all other legal executions necessary may pass herein in common form and thereto constitute George Monro and John Dick Esquires Advocates Procurators. In witness hereof these presents written upon this and the two preceding pages of Stamped paper by Robert Anderson Clerk to William Towers Writer in Glasgow as subscribed by the said parties at Glasgow the sixth day of March Eighteen hundred and fifty one years before witnesses James York and William York junior both builders in Glasgow and sons of the said William York.
(Signed) John Macgregor, Margaret York, William York, James York (witness) and William York Junior (witness)