1826
Know all men, by these presents That we Major David Fyffe formerly residing at Emelia
Ba(word burnt) near Dundee now of Logie and Alexander Pierson Esq Writer to the Signet
(word burnt) Nominated and appointed (word burnt) Lieutenant General David Hunter of
Burnside conform to Trust and Disposition granted by him in (word burnt) Their favour
dated the nineteenth Day of November Eighteen hundred and twenty one years with the
Special advice and consent of the said Lieutenant General David Hunter as aftermentioned
Considering that in consequence of the increased consequence of the increased proportion of
the villages of Broughty Ferry East and West situated in the parish of Monifieth and Dundee
respectively and within the bounds of the Presbytery of Dundee it has been resolved for the
better accommodation of the inhabitants of said villages with a convenient place of worship
to erect thereat a Chapel of Ease in connection with the Church of Scotland And that it has
been agreed by us to grant for that purpose in favour of the Moderator and remanent
members of the Presbytery of Dundee in Trust as after expressed a feu of the after described
piece of ground for payment of a feu duty and implement of the other prestation and
condition after mentioned. Therefore we the said Major David Fyffe and Alexander Pierson
as Trustees foresaid with consent of the said Lieutenant General David Hunter for all right
and Title which he has or can pretend to the subjects after disponed Have sold, alienated
and in feu farm given, grated and Disponed as we by these presents give, grant, sell,
alienate (word burnt) feu farm perpetually dispone in favour of he Reverend (word burnt)
McVicar one of the Ministers of Dundee present Moderator of the Presbytery of Dundee and
the Reverend Doctor David Davidson, Doctor Alexander Peters, Mr James Thomson and
David Murray Ministers of Dundee. Alexander David Spence Minister of Kinnaird, Doctor
William Maule, Minister of Monikie Robert Skene Walker, Minister of Longforgan, George
Winehouse Minister of Auchterhouse, George Addison Minister of Liff and Benvie, William
Johnston Minister of Monifieth, John Bisset Assistant and Successor appointed to him,
James Wilson Minister of Abernyte, John Currie Minister of Murroes, Charles Adie, Minister
of Tealing, Thomas Raitt Minister of Lundie and Fowlis and Thomas Irvine Assistant and
Successor appointed to him, remanent members of the said Presbytery of Dundee and to
their successors the Moderator and remanent members of said Presbytery for the time being
but in Trust always for the benefit of he Congregation assembling in he Chapel of ease to be
erected as aforesaid in connection with the Established Church of Scotland and subject to
the (word burnt) and judicature thereof (word burnt) and whole that piece of land consisting
of three roods (word burnt) measure bounded on the east by ground in the natural
possession of the Superior on the south by a twelve feet road called Longlane on the west by
Thomas Webster’s feu and on the north by Brooks Street and making a rectangular
parallelogram of two hundreds and eighteen feet or thereby east to west by one hundred
and eighty nine feet in length from north to south lying in the parish of Monifieth and Shire
of Forfar with free ish and entry to the said piece of ground by roads leading to and from
the same together with all rights, title and interest which we the said Major David Fyffe and
Alexander Pearson & the said Lieutenant General David Hunter my predecessors or author
had, have or could pretend to the foresaid piece of ground before disponed but declaring
always that the piece of ground before disponed and binding be erected thereon shall be
used only in all time to come as a place of Worship in connection with the Established
Church of Scotland and subject to the rules and jurisdiction thereof and as a place of
internment belonging to the said Chapel of Ease or for a manse, offices and garden to the
minister officiating therein or similar purposes immediately connected with the said place of
worship allenarly and declaring that the Superior shall be entitled to vote in every election
of a Minister to be chosen to officiate in the said Chapel of Ease (word burnt) he shall be a
seat h( word burnt) a Communicant or not (word burnt) which piece of ground the said
(word burnt) David Fyffe and Alexander Pearson as Trustees foresaid with consent word
burnt) of foresaid bind and oblige ourselves and the acceptor and survivors of us and our
successors in office (word burnt) the said Lieutenant General David Hunter our Constituent
and his foresaids to infeft and (word burnt)ssise our said Disponees in (word burnt) Trust to
be holden of a (word burnt) as Trustees and (word burnt) or the said Lieutenant General
David Hunter and his above written immediate lawful superiors thereof in feu farm fee and
heritage forever and the conditions foresaid for payment of the feu duties and the
conditions foresaid and for payment of the feu duties and casualties and performance of the
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other prestations after mentioned Which feu disposition above written with the subject
above disponed and infeftments to follow hereon We the said Major David Fyffe and
Alexander Pearson as Trustees foresaid with consent foresaid hereby bind and oblige the
said Lieutenant General David Hunter and his foresaid to warrant to our said Disponees in
trust at all hands mortal and we the said Major David Fyffe and Alexander Pearson bind
and oblige ourselves and foresaids to warrant the same from our own facts and deeds only
And farther we as Trustees with consent foresaid hereby assign to and in favour of our
Disponees in Trust the whole rents and duties of (word burnt) the piece of ground hereby
disponed from and after the term of Whitsunday last Eighteen hundred and twenty four,
which notwithstanding the date hereof is hereby declared to have been the term of their
entry thereto and we the said Major David Fyffe and Alexander Pearson with (word burnt)
foresaid and the said Lieutenant General David Hunter and his foresaids to warrant this
ap(word burnt)tion from our own and their (word burnt) facts and deeds only (word
burnt)also oblige ourselves in(word burnt) and the said Lieutenant General David Hunter
and his foresaids to free and relive our said Disponees in trust and their foresaids from
payment of all Minister’s stipend, Schoolmaster’s salary and other public and parochial
burdens due and payable furth of the said piece of ground hereby disponed at and
preceding the said term of Whitsunday and our said Disponees and their foresaids in Trust
shall be bound and oblige as by acceptation hereof they bind and oblige themselves and
their foresaids to free and relieve us the said Major David Fyffe and Alexander Pearson as
Trustees foresaid and our foresaids and the said Lieutenant General David Hunter and his
foresaids of the same in all time hereafter paying therefore yearly the said Disponees and
their foresaids in Trust to us the said David Fyffe and Alexander Pearson as Trustees
foresaid and our foresaids or to our factors in our name the sum of Three Pounds Sterling
yearly at the term of Whitsunday commencing the first terms payment hereof at the term of
Whitsunday Eighteen hundred and twenty five for the year preceding and so forth yearly at
the term in all time thereafter Providing always as it is hereby (word burnt) specially
provided and declared that in case two years feu duty (word burnt) at any time be fully due
and unpaid then this present right and infeftment to follow hereon shall in the option of us
the said Major David Fyffe and Alexander Pearson and our foresaids forthwith become void
and null in the same manner as if these present had never been granted and that for all
other burden or secular service which can by asked and required furth of the piece of
ground before Disponed. And we the said Major David Fyffe and Alexander Pearson with
consent of the said Lieutenant General David Hunter hereby consent to the Registration
hereof in the Books of Council and Session or others competent for preservation and the
letters of Horning on six days charge and all other execution necessary may pass hereon in
favor as effeirs And thereto constitutes.
Our Procurators &c And to the end that our said Trust Disposition in Trust may be infeft
and seised in the piece of ground before disponed We the said Major David Fyffe and
Alexander Pearson as trustees foresaid with consent foresaid hereby desire and require you
And each of you our Bailies hereby specially constitute that upon sight hereof ye pass to the
foresaid piece of ground and there give and deliver to the said Reverend Patrick McVicar,
Doctor Archibald McLachlan, Doctor David Davidson, Dr Alexander Peters, James Thomson,
David Murray, Alexander Davie, David Carnegie, David Spence, Doctor William Maule,
Robert Skene Walker, George Winehouse, George Addison, William Johnston, John Bisset,
James Wilson, John Currie, Charles Adie, Thomas Rait and Thomas Irvine and their
foresaids (word burnt) in Trust always for the benefit of the foresaid Congregation heritable
state and Sasine real actual and Corporal possession of All and Whole the foresaid piece of
ground part of the land of North Ferry and lying bound and described as above mentioned.
But under the foresaid declaration that the piece of ground before disponed and buildings
to be erected thereon shall be used only in all time to come for the purposes aforesaid and
that the superiors shall have right of voting in the election of the Ministers of said Chapel as
aforesaid. To be holden in manner above specified and that by delivery of earth and stone of
and upon the said piece of ground and all other symbols necessary to our said Disponees
and their foresaids in Trust or to their Attorney or Attornies in their names bearers hereof.
And this in nowise ye leave undone which to do we the said Major David Fyffe and
Alexander Pearson as Trustees aforesaid with consent foresaid commit to you jointly and
severally full power by this our precept of Sasine directed to you for that effect. Providing
and declaring always that the said Disponees and their foresaids shall be bound and
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obliged to pass infentment on this freely within six months from the date hereof otherwise
the same shall become void and null.
Witness whereof these presents consisting of this and the six preceding pages of Stamped
paper together with the marginal note on the last page hereof all written on stamped paper
by David Myles Apprentice to James Hunter Writer in Dundee are subscribed as follows viz:
by the said David Fyffe at Dundee the sixth day of January Eighteen hundred and twenty
five years before these witnesses the said James Hunter and David Myles by the said
Alexander Pearson at Edinburgh the twelfth day of said month and year before these
Witnesses James Wilkie and John McKerval both his Apprentices and by the said David
Hunter the twentieth day of the said month and year before these Witnesses the said James
Hunter and David Myles (Signed) David Hunter, David Fyffe, Alexr Pearson, James Hunter
Witness David Myles Witness, James Hunter, Witness, David Myles Witness James Wilkie
Witness, James McKerval Witness.
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