In 1822 John Edwards Vivian of Portland Place was named as a beneficiary in the will of his aunt Mrs. Alice Vivian, widow.
In 1826 John Edwards Vivian, eldest son, was named as a beneficiary in his mother's will.
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May 19, suddenly, at Plean House, Stirlingshire, N.B., John Edwards Vivian, Esq.
Perthshire Courier, Thursday, 30 May 1839, p. 2
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Will of John Edwards Vivian of Stirlingshire, Esq., written 15 May 1839, proved 3 Jul 1839. 3
(paragraphed)
At Edinburgh the twenty ninth day of May in the year one thousand eight hundred and thirty nine In presence of the Lords of Council and Session compeared John Hope Esquire Advocate Procurator for John Edwards Vivian after designated and gave in the Deed of Settlement and Nomination of Tutors under written desiring the same might be registered in their Lordships books conform to Law which desire the said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows
I John Edwards Vivian Esquire presently residing at Plean House in the Parish of St. Ninians and County of Stirling Considering that by the Will of my aunt the now deceased Mrs. Alice Vivian certain Trustees therein named and appointed by her were directed out of the interest dividends and annual produce of certain stocks & funds therein specified to pay to any who shall be my wife at the time of my decease and her assigns while she shall remain my Widow such an annuity or clear yearly sum of lawful British money not exceeding three hundred pounds sterling a year as I should by my last Will and Testament in writing to be by me signed and published in the presence of and attested by two or more credible witnesses direct or appoint Therefore I do hereby in virtue of the foresaid Will of my said deceased Aunt and of the powers thereby conferred on me direct and appoint that a free yearly annuity or clear yearly sum of three hundred pounds of lawful British money shall be paid by the said Trustees to my Wife Mrs. Ann Vivian and her assigns during all the days of her life in the event of her surviving me and so long as she remains my Widow the said Annuity of three hundred pounds sterling to be payable half yearly in equal moieties commencing the first moiety or half yearly payment at the first term of Whitsunday or Martinmas that shall happen after my death and that for the half year preceding and so on half yearly while she remains my Widow
And I hereby nominate and appoint the said Mrs Ann Vivian my Wife to be my sole Executrix and Universal Legatory and further I hereby give grant assign and dispone to and in favor of the said Mrs Ann Vivian my Wife and her heirs executors administrators and assigns heritably and irredeemably All and sundry lands and heritages debts heritable and moveable and whole goods chattels gear and effects together with all sums of money stocks funds and securities presently belonging or resting owing or which shall belong or be addebted to me at the time of my death and in general my whole means estate and effects heritable and moveable whatsoever or wheresoever situated and of what nature or kind soever whether in possession or in expectancy and also all estates vested in me by way of mortgage or upon any trust or trusts whatsoever together with the whole Vouchers and other Documents for instructing the said debts and the while writs tithes and evidents of my said Estates And further I hereby nominate and appoint the said Mrs Ann Vivian to be sole Guardian and Tutor & Curator to each and all of my children at present in life and to any other child or children to be hereafter procreated of the Marriage between me and the said Mrs Ann Vivian during their respective minorities
And I hereby declare this to be my last Will and deed of Settlement or Testament revoking hereby all former Settlements or Wills executed by me And I consent to the registration hereof in the books of Council & Session therein to remain for procuration and thereto I constitute John Hope Esquire Advocate my Procurators
In Witness whereof these presents written upon this and the preceding page of stamped paper by Richard Hunter Junior Writer to the Signet Clerk to Messieurs Gibson Craigs Wardlaw & Dalziel Writers in Edinburgh are subscribed sealed and delivered by me at Edinburgh the fifteen day of May in the year of our Lord one thousand eight hundred and thirty nine before these Witnesses George Dalziel Esquire and John Clerk Brodie both Writers to the Signet and the said Richard Hunter Junior
(Signed)
Signed Sealed published and declared by the Testator as and for his last Will testament & deed of Settlement in presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses hereto
(Signed)
George Dalziel of 7 North St Andrews St. Edinburgh Writer to the Signet
John C Brodie of 10 Northumberland St Edinburgh Writer to the Signet
Richd Hunter Junr of 1 Donne Terrace Edinburgh Writer to the Signet
Extracted forth of the Records of The Court of Sessions in Scotland upon this and the six preceding pages of stamped paper By me one of the Keepers of The Record of Deeds . . . . conform to Act of Parliament
James Kilgour
John Campbell J.P.
Proved at London 3rd July 1839 before the Judge by the Oath of Ann Vivian Widow the Relict the sole Executrix to whom Admon was granted having been first sworn by Common [Law] duly to administer.
Marriage Information:
John married Ann Brougham, daughter of James Brougham of Kirkby Stephen, Esq. and Grace Idle, on 15 Oct 1829 in Kirkby Stephen, Westmorland, England. (Ann Brougham was born on 25 May 1801 in London, England, christened 18 Apr 1802 at St. Luke, Finsbury, Islington, London, England and died on 13 Feb 1874 in Upper Norwood, Surrey, England, aged 73 years.)
Marriage Notes:
Yesterday, at Kirkby Stephen, by the Rev. T. C. Winscom, vicar of Warkworth, John Edwards Vivian, Esq., of the latter place, to Ann, second daughter of James Brougham, Esq., of the former place.
Carlisle Patriot (Cumberland), Saturday, 17 Oct 1829, p. 3
