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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.
Nerefore
Account of Charge and Discharge between Captain John Piper
of Alloway Bank and William Niven Maybole----
Charge Against Mr Niven
1839
Dec 10 To Balance due to Captain Piper at this date per state sent per
Mr James Blackwood $17-9-6
1840
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
1841
June 10 To 1/2 Years rent of Inn and Garden due at Whitsunday
1841 $17-9-6
1842
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
$87-7-6
Discharges by Mr Niven
1840
May 15 Paid Insurance to Whitsunday
1841 $1-15-0
Dec 5 Paid Mr Stewart roofing Gig
Shed $4-19-0
1841
May 21 Paid Prison Assessment
2-6
May 25 Paid Insurance to Whitsunday
1842 $1-19-6
1842
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 |