Testamento 1861

Testamento del 22 de agosto de 1861, Córdoba. (translated below)

Translation of the 1861 Will and Testament of Duncan Shaw in Córdoba

Mr. Duncan Shaw subject of Her Majesty of Britain, Testament

Number 107

In the city of Cordoba the 22^nd August 1861 before me, the public notary of this number and College and before competent witnesses appeared in one of the rooms of my house Mr Duncan Shaw, subject of Her Majesty of Britain, resident in this Capital, Born in London, son of John Shaw deceased who was born in Inverness Shire and of Susanah Shaw who is of London itself, his faith protestant, to whom I know and say: that being in full health and with the judgment, memory and understanding that God our Lord gave him and having to leave for a long journey has decided in case his death has to happen to leave his affairs and interests prepared in the way those should be divide among his heirs accordingly in everything to his wish and subject to the laws of his country that is where his goods are located and to whose pavilion he is subject, and putting it in execution he wants to be in the following way --------

Before anything he declares that a little more than a year past he married in the City of Gibraltar with Mrs. Maria de la Concepción Moreno de Canales born in Montoro of whom he has as sons Eduardo Christ-mas born at the parish of La Magdalena of this city, Fernando Guillermo and Guillermo Shaw and Moreno this two baptized in S. Nicolas de la Villa of this same city which are underage-----------------

I Mr. Duncan Shaw declare that since some months and as consequence of the illness that is suffering this my wife she is in state of madness and loss of judgment and it is his wish that if she would get her judgment back was named and chosen as obviously I design her as tutor of my underage sons that I have today and of those I could have in the future, XXXXXXX, and in case this does not happen, and that she continues in loss of judgment, I choose for this same responsibility Mr. Juan Duncan Shaw resident in Cadiz and Mr. Alejandro Gessler of Sevilla, with the faculty of together or separate--------------------

I also declare to own some real estate in Newbury County of Berkshire the personal estate that I have in my houses and I also own as property some shares in mines hold by Mr Taylor and Sons of London and some cash in that of the Sr. O’shea of Madrid and Mr. Coutts and Company of London and the quantity that results of the books we keep and the balances to be made like those I have with the firms I represent that would result if they owed me or not any sum--------------------

It is my wish that once my death is verified the named Mr. Juan Duncan Shaw and Mr. Alejandro Gessler and my wife if she is of health and proper judgement, perceive, charge and settle with the others my bankers, the firms I represent and other people I have unsettled accounts with, and the quantity that in my favor would result to be added to the product of the sale of the shares of mines that I could own and the personal estate and XXXXX, and all together as a single body of the resulting quantity to be invested in tittles at three percent Spanish to the price of the day to attend with the interests to the food and dress of my wife and of my sons and their education-------------

Not knowing if the laws in England establish that the rents and products of the real state may or not be exclusive property of the widow, if that is so established then she will enjoy those and the interests of the titles will be invested only in the education of my sons and their food but if this is not established like that it will done as it was said in the previous clause reducing that first in three thousand XXXX yearly for food of my mentioned wife---------------------

As of the reaching of the age of twenty one years old of my youngest son Guillermo when I know that the English law would consider him of age he would take possession of the corresponding part of the real estate, if my wife where not enjoying the rents because it would be like this established by that law and XXXXXXXXXXXXXX in this case the XXXXX and executors tutors and administrators Mr. Juan Duncan Shaw and Mr Alejandro Gessler will subtract and reduce of the rent of the titles of three percent, before anything three thousand XXXXX yearly to be given to my mentioned wife for food in a way that she never could be without this in case she could not enjoy the rent of the real estate because the law establish this or because my youngest son started to enjoy those rents

I name as trustees and executors of this disposition the mentioned Mr. Juan Duncan Shaw and Mr. Alejandro Gessler with the widest and sufficient faculties they could need---------

I name choose and note as my only and universal heirs to the mentioned my three sons Eduardo Christ-mas, Fernando Guillermo and Guillermo Shaw and Moreno, at equals parts, including at least as established by the laws of England the real estate that would be included so they take an equal quantity of the titles at three percent and the rest to be distributed among all of them in equal parts, deducing always before the quantity of titles at three percent needed to produce a rent of three thousand XXXXX yearly to my wife in the case that she will not receive the rents of the real estate as has been said, to enjoy everything with the blessings of God and myself, with the warning that if in the future I would happen to have other sons those shall inherit equally to the rest alive

I revoke cancel and declare of no value any other testamentary disposition that before this one could I have done in word or any other form as I only want to be valid this manifestation that is of my last and deliberate wish and like this I make it formal before the president public notary of the number and College of this City. So I said, concede and sign the Mr. Duncan Shaw being witnesses Mr. Juan Soriano de la Cámara, Mr. Julian de Cárdena and Mr. José Romanceta of this neighborhood.

Duncan Shaw

Before me

Angel Osuna