[WILL]
[Page 788]
James Rawes
Vide Record of Invt
vol 75. p.407
Compd
This is the last Will and Testament of me James Rawes of Oporto Merchant. I direct that all my debts be paid as soon as coveniently can be done after my decease, and first of all that the sum of one thousand five hundred pounds sterling, English Money, be paid to my dear wife, being her dowry at her marriage, according to the legal document in her possession, and then that all my other debts be paid. And I give and bequeath to my dear wife for her herself absolutely all my household oods, furniture, plate and books And I give and bequeath to my dear wife, for her natural life, The Interest arising from all my personal Estate, and from and after her decease I direct that the aforesaid personal Estate be equally divided amongst my Children or their personal
[page 789]
personal representatives. And I hereby Nominate and appoint my dear wife and my good friend William Authur Tait to be the Executors of this my last Will and Testement. In Witness whereof I hereby subscribe my name, this twenty third day of June in the year of our Lord one thousand eight hundred and fifty one.
Signed James Rawes.
By Edwin John Johnston Her Britannic Majesty's Consul for the District of Oporto in the Kingdom of Portugal &c.
These are to Certify that the Document hereunto annexed is a true copy of the original document. I also Certify that the said original document was approved by the Notary Public Joacquim Raurino da Costa and attested by Edward Whiteley, the British Chaplin in Oporto, George Reid
[page 790}
Reid, Merchant, John Whiteley Atkinson, Clerk, Manuel Jose Vieira, Merchant, and Manuel Antonio Fernandez, Clerk, all residing in Oporto, with whose signatures I am acquainted: and also that it was closed, sewn together, and sealed by the said Notary Public, agreeably to the Law of Portugal.
Given under my hand and official seal at Oporto this sixteenth day of August 1851 (one)
signed Edwin J. Johnston. (LS)
Edinburgh 12th November 1851 Referred to in my Deposition of this date annexed to the Inventory of the Personal Estate of James Rawes
signed William A. Tait.
" T. Inglis, comr.
This
[page 791]
This is the just Will and Testement of me James Rawes of Oporto Merchant. I direct that all my debts be paid as soon as coveniently can be done after my decease, and first of all that the sum of one thousand five hundred pounds sterling, English Money, be paid to my dear wife, being her Dowry at her marriage, according to the legal Document in her possession, and then that all my other Debts be paid. And I give and bequeath to my dear wife for herself absolutely all my household goods furniture plate and books. And I give and bequeath to my dear wife, for her natural life, the Interest arising from all my personal Estate, and from and after her decease. I direct that the aforesaid personal Estate be equally divided amongst
[page 792]
amongst my children, or their personal representatives. And I hereby Nominate and Appoint my dear wife and my good friend William Arthur Tait to be the Executors of this my Last Will and Testement. In Witness whereof I hereby subscribe my name this twenty third day of June in the year of our Lord one thousand eight hundred and fifty one.
signed James Rawes
[Portuguese translation]
[page 793-6]
[Portuguese translation]
Oporto the seventh day of April 1852. This is the last Will and Testament of James Rawes of Oporto Merchant, referred to in the affidavit by me of this date to the Inventory of his Personal Estate and Effects.
signd Mary Elizabeth Rawes
" Edwin J Johnston
Commissioner
[page 797]
Translation of the Affidavit of "Approbation" to the Will of the late James Rawes, which affidavit is written at the end of the Will, next after the Testators signature.
Know all Men by whom this Public Affidavit of "Approbation of Will" may be seen, that in the year of our Lord Jesu Christ one thousand eight hundred and fifty one, the twenty third day of the month of June, third day of June, in this town of Villa Nove de Gaia, at Candal the dwelling house of James Rawes Merchant, where I Notary Public came. I saw the said person sitting in a chair, sick, but in full possession of his judgement, understanding and liberty, as it appeared to me and to the other Witnesses, assembled to hear witness thereof, In whose presence from his hand to mine
[page 798]
mine was given this manuscript paper, he saying that it was his Will, and that he required it to be by me approved, and I Notary Public asking him if effectively this Will was his, who wrote it, and if he held it to be good firm and valid? to all he answered yes, that this was his last Will and Testement, which at his request Edward Whiteley a British subject (like himself) had written, that afterwards he read it found it correct, and signed it and in consequence held all written therein to be good firm and valid, and by this he revoked all and every Wills, Schedules or Codicils that he might before have made, because he willed, that this only should be valid in Court and out of Court and for this he required it to be by me approved and
[page 799]
and being heard by me, Notary Public, this his petition, and his answers to the questions put to him by me, as the Law directs, and the said Testement being written by the aforesaid writer, and signed by the Testator, on the above Sheet of Paper, at the place where I commenced this Instrument and being clear, free from error, blot, alteration, interlination, or other flaw, I approved it and held it to be approved in the terms of the Law, which I certify, and I made this Instrument, which the Testator signed in presence of the witnesses, being, The aforesaid Writer of the Will Edward Whiteley of Eutre Quintas near Oporto, George Reid of Rua de Rosario in Oporto, Edward Whiteley Atkinson of Candel near Oporto, Manuel Jose
[page 800]
Jose Vieira of Regudos in this parish and Manuel Antonio Fernandez of Rua Nova des Ingleges in the same City of Oporto, people who with myself know the Testator, and have hereunto signed their names, after this deed had been read to them by me Joaequim Raurino da Costa Notary Public, who wrote it, and I sign in Public Testimony of the Truth.
Joacquim Raurino da Costa.
Translation
Certificate of "opening" written on the back of the foregoing Affidavit of Approbation on the Will
[page 801]
I opened this Will, of the Testator James Rawes a British subject, who dwelt at Candal in this Parish, which Will I have subricated, with my surname of Santos, and the same being by me seen and examined I did not find any blot, alteration, interbrication, erasure, or other flaw, therefore let all commanded therein be done - and this I performed in presence of the Witnesses Antonio Candido Correa de Regendo Lobo and Manoel Tavares, Contirho Junior both sievetaries in the Administration of the Concelto of Gaia. All of which I Certify
Villa Nova de Gaia era ut supia
The Parish Registrar
Jose Joacquim des Santos
Witness Ant Caudido Correa
de Regendo Lobo
"Manl Tavares Conto Junr
Translation
[page 802]
Translation of the writing upon (the cover of) the Will, where the seals are placed.
The Will of James Rawes a British subject dwelling at Candal in this Town of Villa Nova de Gaia, approved, folded, sewn, and sealed, according to Law and usage on the 23rd June 1851 by me the Notary Public
Joacquim Raurino do Costa.
Antonio Elias Urpia, Knight of the order of Christ, sworn Broker of the City of Oporto, by Her most faithfull Majesty the Queen --[?] I do hereby Attest that the foregoing is a true Translation of the Approbation and Opening of the Will and Testement of the late James Rawes, in the Portuguese Language.
Porto 8th April 1852
signed Antonio Elias Urpia.
Witnesses
signed Charles Coverley
" George Reid.
This
[page 803]
This is the last Will and Testament of me James Rawes of Oporto Merchant, I direct that all my debts be paid as soon as conveniently can be done after my decease, and first of all, that the sum of one thousand five hundred pounds sterling English money, be paid to my dear wife, being her dowry at her marriage, according to the legal Document in her possession, and then that all my other debts be paid, and I bequeath to my dear wife for hereself absolutely all my household goods, furniture, plate, and books, And I give and bequeath to my dear wife, for her natural life, the Interest arising from all my Personal Estate, and from and after her decease, I direct that
that
[page 804]
that the aforesaid personal estate be equally divided amongst my children, or their personal Representatives, And I hereby Nominate and Appoint my dear wife and my good friend WIlliam Authur Tait to be the Executor of this my Last Will and Testament. In Witness whereof I hereby subscribe my Name this twenty third day of June in the year of our Lord, one thousand eight hundred and fifty one - James Rawes -
We Edward Whiteley of Oporto, British Chaplain. George Reid of Oporto Merchant, John Whiteley Atkinson of Oporto Clerk. Manuel Jose Vieira of Oporto Merchant and Manuel Antonio Fernandez of Oporto Clerk do solemly and sincerely declare that the above is a true copy of the original Will of the late
[page 805]
late James Rawes of Oporto, which was signed by him in our presence, and to which we affixed our signatures as Witnesses of the signature of the late James Rawes And we make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an act made and passed in the fifth and sixth years of the Reign of the late Majesty King William the Fourth intituled
"An Act to repeal,
"an Act of the present lession of
"Parliament, intituled an Act for the
"more effectual abolution of Oaths
"and affirmations taken and made
"in various departments of the State,
"and to substitute Declarations in
"lieu thereof "and for the more
"entire suppression of voluntary and
"extra-judicial Oaths and affidavits,
"and
[page 806]
"and to make other provision for the
"abolition of unnecessary Oaths."
Signed Edward Whiteley, British Chaplain
" George Reid
" John Whiteley Atkinson
" Manuel Jose Vieira
" Manuel Antonio Fernandez
Declared and subscribed before
me at Oporto, the twenty third
day of January, one thousand
eight hundred and fifty two.
signed Edwin J Johnston (L.S.)
Her Britannick Majesty's Consul
I Jose Joaquim Perez da Silva, Bachelor of Laws, and Advocate practising at the Bar in the Court in this City do declare that the Law of Portugal determines, that the affidavid or Deed of Approval, drawn up by the Notary Public, shall be written in immediate sequence of the Will.
[page 807]
Will itself and that the Witnesses, being present shall sign the same, conjunctly with the Notary and Testator, and that in the case of the Testator not being able to write, the said Deed shall be signed by any competent person present, whom he may ask to do so for him.
I declare that the last Will and Testament of Mr James Rawes, late Merchant in this City, was examined by me, and found to have been drawn up and signed with all the above solemnities and formalities - which I attest under the Oath of my degree. Oporto April 5th 1852
Signed Jose Juaquim Peres da Sa.
Signed M. J. Elles Witness.
Jose
[page 808]
Jose Joaquim Peres da Sa Advocade
nor auditorirs dicto bida de do Porto 8c
Declaro que a Lis Portuguezo determina,
que un sequador dos testamentos seja
lawado o auto d'appuraÇai peto Ta:
:belliao supectivo e qui as testimuntas
prezenceaed ar acto assigrem depris
d'ute conjunctamente eom o Tabbam-
testador, ese ate mad jabe, on nar
pode, eserever que un ver d'ille
assigne a pessoa que a prer a
ser ngo. bom ertas solemni:
:dades ie actia fecto a testamente
com que fallucis o Sur James
Rawes nogociante que ps n'utos
Praco: e que allecto sole juramente
de mio grau.
Oporto
[page 809]
Oporto April 6th 1852
Messrs. Moncrieff Paterson & Forbes
Writers Glasgow
Gentleman,
At the request of the Executors of the late Mr: James Rawes of this place [--] have to state (which we do from our own knowledge) that Mr: James Rawes was a resident in Oporto for upwards of twenty years during which time, he acted for the fact nine or ten years as the Manager of a regularly established House and for the remainder of his time, till his death as the Resident Partner of the Firm of James Rawes & Co. During all this time he was never absent from this place except for two or three short visits to England, it was therefore generally understood
[page 810]
understood that he did reside here "anime remanendi" and we verify believe that he did actually reside here "animo remanendi".
We are Gent
Your obt. servt.
signed Geo. Knowsley,
Agent of Exchange,
" Robert Woodhouse,
" W.G. Houghton.
" Joseph Jones.
[INVENTORY]
[page 407]
James Rawes 20th April 1852 (stamp £50)
at Edinburgh the twentieth day of April Eighteen hundred and fifty two years, the following Inventory of the Personal Estate of James Rawes with related Deed, were presented by Mr. Archibald Seatt[?] Solicitor at Law
Inventory
[page 408]
Inventory of the Personal estate and effects wherein situated due addeleted[?] and belonging to the deceased James Rawes Merchant in Oporto in the Kingdom of Portugal who died there upon the thirteenth day of July Eighteen hundred and fifty one made and given up by Mary Elizabeth Rawes residing in Oporto the Relict of the said deceased James Rawes & William Arthur Tait Merchant in Oporto presently in Edinburgh Executors nominate of the said deceased James Rawes under his last Will and Testement dated twenty third June Eighteen hundred and fifty one.
In Scotland
Sum
[page 409]
Sum contained in Policy of assurance, number three thousand nine hundred and thirty nine dated first May Eighteen hundred and forty five effected by the deceased on his own life with the Scottish Equitable Life Assurance Company with additions thereon payable 13 January 1852 £2284.16
Amount of Estate in Scotland two thousand two hundred and eighty four pounds sixteen shillings Sterling.
Estate elsewhere abroad
Value of goods or merchandise on hand at time of death, amount
-----
£500.
-----
[page 410]
Forward £500.
Amount of debts due to him & money on hand so near as the sum can be presently assertained 4000
Total Estate abroad
-----
£4500
-----
(signed) William A Tait
T Inglis
Oporto April the seventh one thousand eight hundred eight hundred and fifty two. This is the Inventory referred to in the annexed affidavit of Mary Elizabeth Rawes
(signed) Mary Elizabeth Rawes
(") Edwin J Johnston
Commissioner
At Edinburgh the Twelfth day of November Eighteen hundred and fifty one. In presence of Thomas
[page 411]
Thomas Ingles Esquire Commissioner appointed by the Honorable the Commissary of Edinburgh Compeared William Arthur Tait Merchant in Oporto presently in Edinburgh & being solemnly sworn and interrogated he Dehones that the deceased James Rawes Merchant in Oporto died at Oporto upon the thirteenth day of July Eighteen hundred and fifty one and the deponent and Mary Elizabeth Rawes residing in Oporto relict of the said deceased James Rawes as his Executor nominate under his last[?] last Will and Testement dated twenty June Eighteen hundred and fifty one have entered upon the possession and management of the personal means
[page 412]
means and estate. That the deponent knows of no writing[sic] relative to the disposal of the said deceased James Rawes personal means and estate save and except the last Will and Testement above mentioned a copy of which duly authenticated by Her Britannic Majesty's Consul for the District of Oporto or the Kingdon of Portugal is now exhibited & signed by the Deponent and the said Commissioner as relative hereto That the foregoing Inventory which is subscribed by the Deponent and the said Commissioner is a full true and complete Inventory of the personal means and estate of the said deceased James
[page 413]
James Rawes wherein situated due addicted and belonging to him at the time of his decease and the said Estate so far as situated in Scotland is of the value of Two thousand pounds pounds[sic] and under the value of Three thousand all which is truth as the Deponent shall answer to God confirmation is required.
signed William A Tait
I Inglis Com
At Oporto in the Kingdom of Portugal the seventh day of April Eighteen hundred and fifty two years. In the Presence of Edwin John Johnston Esquire., Her Britannic Majesty's Consul at Oporto, Commissioner
[page 414]
Commissioner appointed by the Honorable the Commissary of Edinbugh for taking the Deposition underwritten enform[?] to Commission dated the Twenty fourth day of March Eighteen hundred and fifty two. Compeared Mrs Mary Elizabeth Rawes Widow of James Rawes of Oporto, Merchant, and residing there who being solemnary sworn and interrogated Depones, and exhibits the Original or Principal last Will and Testement of the said deceased James Rawes dated Twenty third day of June Eighteen hundred and fifty one, of which a copy was exhibited with, and referred to in the preceeding affidavit by William Arthur
[page 415]
Arthur Tait, Merchant in Oporto who along with the Deponent are the Executors of the said James Rawes nominated and appointed in the said last Will and Testement now exhibited, and which is subscribed by the Deponent and the said Commissioner as relative hereto and the Deponent Depones and concurs in all the other statements in the foregoing Deposition, by the said WIlliam Arthur Tait, and the Deponent and the said Commissioner have subscribed the said Inventary as relative hereto, all which is truth as the Deponent shall answer to God.
(signed) Mary Elizabeth Rawes
Edwin J Johnston
Commissioner.
For Deed vide Testementary Record Vol. 1. p.788.
Transcribed from the original by Julian Rawes, 2006
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