Will and Testament of Sarah Chalmers relict of Hugh Piper
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Below is a translation of the will of  Sarah Piper ( ne Chalmers) by Peter Allison, descendant of Sarah Chalmers.  There are gaps as the copy is in poor condition. Following this is a copy of a claim by Sarah Allison ( ne Piper ) regarding a dwelling in Newyards.  Sarah was Sarah Piper's third eldest daughter and fourth surviving child. The Piper children were, Thomas 1768 deceased [Thomas Piper, is known to Burns enthusiasts as 'Spunkie Tammie', a name given to him by the poet after the two men met in Maybole in 1786], John 1769 deceased, Mary 1770, Margaret 1772, John 1774, Sarah 1776, Hannah and Fanny. Can you help us determine the location of the dwelling house in Newyards and the name of the Inn? Please contact us at sarahchalmers@maybole.org

 Will and Testament of Sarah Chalmers relict of Hugh Piper


Know all Men by these present that I Sarah Chalmers relict of Hugh Piper Vintner in Maybole Considering it is the duty  of every person so to settle their worldly affairs when in sound mind and memory and I being in that state at present this frail .... Body have resolved to make my Latter Will and Settlement as follows that I Nominate Constitute and Appoint John Hendry factor to Sir Adam Fergusson of Kilkerran Baronet, James McClymont in Auchalton and David McWhinnie writer in Ayr to be my Executors and Trustees

To the effect after -------------Giving Granting and Committing to them full power after my decease to intromit with manage and take care of all my goods and gear debts and sums of money that shall pertain and belong to me, whether by, Bond, Bill, Accounts, Bank or Bankers Notes gold or silver coined or uncoined and I hereby assign them into the same as Trustees and Executors ------said for each of my children after named to be divided amongst them as herein directed and considering that my oldest son John Piper stands vested in the property of the heritable subjects presently -------- by mine  in life rent  and will succeed to me as heir in All and Whole that dwelling house built upon the Lands called NEW YARDS, with that part  of said Lands lately enclosed and converted into a kitchen and barn yard  lying  in the ----- west corner of said lands within the Parish of Maybole and County of Ayr and in which I stand ------------------- to my Instrument of Sasins  dated seventh December Seventeen hundred and ninety  nine which subject I hereby ----------- and Convey and  makes over  to and in favour of Mary Piper my daughter  during all the days of her life for her life rent use ---------- and failing  this by death to such  one of my other daughters unmarried or unprovided for at the time or to such one , as my Trustees shall consider most needful and deserving thereof and soon during the lives of my whole surviving daughters for their life rent use only and also ordain  my said  Trustees to continue  my three youngest daughters Mary, Hanna and Fanny Pypers in the possession of the Inn and whole  ---------- there to belongings  till such time as the inn can be let to a respectable tenant  in that being  accountable for any profits that may be made ----------------------------------------- and such sett and my Trustees to levy  the rents in future -------------- of said son  John the Proprietor  there of  till each  as they  are divested by him  of the management and to deposit the same in a Banking House for his like of  and  when  said  subjects  shall  be so  sett I appoint  my said Trustees to dispose  of my whole effects with the exception after mentioned  by public roup and  there after to divide  the proceeds equally  amongst  my whole five daughters  share and share alike (irgt) Margaret spouse of  Patrick Sloan in------------ , Sarah spouse to John Allason  in --------,the said  Mary, Hanna and Fanny Pypers  or those surviving  at the time , but before  such state  takes  place I appoint  my said Trustees  to give to each  of the said  Mary, Hannah and Fanny Pypers  a Feather  bed agreeable to them -------------- with three pair sheets, three pair blankets  best  bed ----- ----half  blankets  to each  with ------- of the best  ------------------------------------------- divided amongst them  I further  appoint  my said Trustee -----named to give to said Hannah and Fanny Pyper   ----------------------------------------------------------------------------------------------------------------------------------------- to be directed and as soon after my death as convenient to divide  Twenty Five pounds Stirling amongst my five daughters above equally to purchase mourning . I further appoint and  ordain  my said Trustees at the first time  of Whitsunday  and Martinmas after my death  to pay to  the  said John Pyper  my oldest son five pounds  Sterling  and to Hugh Pyper  my youngest son  Thirty pounds Sterling  and to deposit these sums  in a Banking House  for their behoof  till  they obtain  a discharge  thereof  ----------- will also that whatever sums  may appear to have been  advanced by  me to either of my  said daughters  or their husbands  that the  --------- shall be ---------- in part of the shares falling due to them, as shall also the Bills  granted by me sometime ago for One Hundred pounds Sterling  cash  to each of my said three youngest daughters for ---------------was received . And further I hereby  convey  and make over etc and in favour of my ----------------------------------------------------- of Whitefauld that enclosure   lying on the  west side  of the quarry  know  ---------enclosed  ---------------------------------------------------------------- John Mc ----------- ----------- Maybole, lying  in the vicinity  there of -------------------------------------------------------------------------------------------------------------------------------------- said Sir Adam Fergusson  Bart  dated fifteenth of December Seventy hundred and ninety  ------- which is ----------- Whitsunday  Eighteen Hundred and twelve  which Fact I appoint them to dispose of as  early after my death as can conveniently  be done  and in such a manner as to  them shall appearance proper and is  --------------------------------------------------------- to that effect  the proceeds arising there from to be --------------------- equally divided ---------- my five daughters  or those surviving at the time and  lastly  I appoint  my said Trustee before any ------- of my subject takes place to pay off all my just and lawful debts and  funeral charges  and this I declare to be my last Will and Settlement  but reserve  forever  to alter it if I see causes  which if not --------------- held as a -------------- in doubt of my intentions  and  binding on  my said children thus found  being  by  --- or the custody of any other person at the time of my death Consenting  to the Registration here of  ---------Books  of Council ----- Session or other  competent  ---------- to  -----------for preservation and to that effect --------David Lamond Writer in Ayr, -----In  --------------these present  wrote apon this and the two  ----------------------- stamped as per by the said  David Mc----------are subscribed by me at Maybole this ninth day of  February Eighteen Hundred and  five years before  ----------- Robert White in ----------------------------------------------------------------- (signed) Sarah Pyper, Robert Whitethrop, Adam Dick --------.


Claimant by Sarah Allison ( nee  Pyper ) re Will of late Sarah Pyper ( nee Chalmers)


Archibald Bell Esq Advocate Sheriff of Ayrshire where as it is humbly meant and  their in to me did my substitute by Sarah Pyper nee Allison relict of the late John Allison residing in Troon. That whose the Complainers Mother Sarah Chalmers relict of Hugh Pyper  Vintner in Maybole by her latter Will and Settlement dated 9th February and registered in the Sheriffs Court Books of Ayrshire 31 May 1805 nominated and appointed John Hendry factor to Sir Adam Ferguison of Kilkerran Bart, James McClymont  in Auchalton  and David McWhinnie writer in Ayr, all now deceased ,to be her Executors and Trustees to the effect there in mentioned and inter alia Disponed Conveyed and made over to and in favour of Mary Pyper her daughter during all the days of her life for her liferent use  allenarly and failing of her by death to such one of the Testators other daughter unmarried or unprovided for at the time or to such one as her said Trustees should  consider most needful and deserving thereof and so on  during the  lives of her whole surviving  daughters for their liferent use only all and  whole that dwelling house built upon the land  called Newyards  ----- that part of said lands lately enclosed and converted  into a Kitchen and Barnyard lying at the west corner of said lands within the Parish of Maybole and county of Ayr. That after the death of the said Testator her daughter Mary enjoyed the liferent use of said subject to the 7th day of August 1839 when she died and from then to the date hereof the said subjects have been partly possessed by Fergus Hawthorn apothecary in Maybole and partly by James Rennie Innkeeper there under the sanction and authority it is alleged of William Niven Esq of Kirkbride who it is said has uplifted and received the rents of that portion of said subjects possessed by the said James Rennie falling due since the death of the said Mary Pyper as mandatory of or in name and behalf of the Complainers Brother John Pyper Esq of New South Wales who has no right or title thereto. That at the death of said liferenting Mary Pyper there were other three daughters of the said Sarah Chalmers or Pyper alive all in widowity and each entitled if as the ---------- described in said last  Will and Settlement to claim the liferent succession to said subjects namely 1st Margaret Pyper or Sloan since deceased  2nd the Complainer  and third Fanny Pyper or Hawthorn presently residing in Ireland . That the said Margaret Pyper the Complainers immediate older sister did not claim or take up the said liferent during her lifetime neither has the same been claimed by her immediate younger sister Fanny who is in comfortable circumstances . That the Complainer was left a widow several years ago without any provision being made for her and therefore of the two surviving daughters of the Testator she is the most needful and deserving and as such entitled  to the liferent of said subjects from and after the death of her said Sister Mary . And altho the Complainer has often desired and required the said Fergus Hawthorn and James Rennie to flit and remove themselves from the respective portions of said subjects possessed by them in order that the Complainer may peaceably enter thereto and altho the Complainer has also desired and required them and the said William Niven to give just count and reckoning for and pay to her the rents of said subjects due by or uplifted by them respectively from and after the term of Martinmas 1839 to the date hereof yet they refuse or at least delay to do so unless compelled . Therefore the said Fergus Hawthorn and James Rennie Defenders aught and should be decerned and ordained by decreets  of me or my substitute to flitt and remove themselves from the respective portions of said subjects which they severally possess in order that the Complainer may possess and enjoy her liferent right therein under the foresaid Settlement and the said Defenders together with the said William Niven aught and should severally to be decerned to make just count and reckoning to the Complainer for the rents respectively  due by them or uplifted by them from and since the foresaid term of Martinmas 1839 and aught and should be morally decerned and ordained to make payment the the Complainer of the sum of twenty pounds sterling or of such other sum more or less as shall be instructed to be respectively due by them as Tenants or intiomittors  with the rents of said subjects from and after the foresaid term together with the expenses of process and dues of extrading  the decreets to follow hereon.      


Account of Charge and Discharge between Captain John Piper of Alloway Bank  and William Niven Maybole----

                                      Charge Against Mr Niven


Dec   10  To Balance due to Captain Piper at this date per state sent per Mr James Blackwood         $17-9-6


June    3   To 1/2 year rent of Inn and Garden due at Whtsunday 1840                                $17-9-6

Dec    4    To 1/2 year rent of Inn and Garden due at Martinmas   1840                               $17-9-6


June   10  To 1/2 Years rent of Inn and Garden due at Whitsunday 1841                             $17-9-6


Feb    14   To 1/2 Years Rent of Inn and Garden due at Martinmas 1841                             $17-9-6

Oct    15    To 1/2 Years Rent of Inn and Garden due at Whitsunday 1842                           $17-9-6


                                                     Discharges by Mr Niven


May   15   Paid Insurance to Whitsunday  1841                                                    $1-15-0

Dec     5    Paid Mr Stewart roofing Gig Shed                                                       $4-19-0


May   21   Paid Prison Assessment                                                                                2-6

May   25   Paid Insurance to  Whitsunday 1842                                                     $1-19-6


Feb    24   Paid William McMillan slating Gig Shed                                              $2-16-9

Feb    24  Paid James McClure Mason work at Gig Shed                                              6-4

June   10  Paid Insurance to Whitsunday 1843                                                       $1-19-6

July    23   Paid Prison Assessment                                                                               6-11 $14-5-6  $73-2-0

                                                                                                       Sum due to Captain Piper             $90-11-6