The original document is approximately 10 pages of script in the archives of the Scottish Record Office in Edinburgh.
I have attempted to transcribe it below: italics signify a word which is particularly suspect! Some of the unusual words are Scottish legal terms: a useful glossary is available here: SCottish Archive Network (SCAN) - Research Tools
Cont Of Marge
E H Melhado
& J H Kellett
6 February 1855 Compeared George Monro and John Dick Esqrs Advocates:- This Contract of Marriage entered into between Elias Henriquez Melhado youngest son of the late Daniel Melhado of London and of Kingston Jamaica Esquire on the one part and Jemima Hunter Kellett Daughter of the deceased Robert John Napier Kellett sometime Captain in the Forty Second Regiment of Foot afterwards residing at Florence on the other part witnesseth that the said Elias Henriquez Melhado and Jemima Hunter Kellett have accepted and do hereby accept of each other...
other for lawful Spouses & promise to solemnize their marriage with all conveniency in contemplation of which marriage and for a provision to his said promised spouse and also in consideration of the Conveyance and assignation by her after written the said Elias Henriquez Melhado hereby assigns dispones conveys and makes over to and in favor of the said Jemima Hunter Kellett his promised spouse in case she survives him in liferent for her liferent Alimentary use Allenarly of the free Annual income & proceeds not assignable by her nor affectable by her debts or deeds or by the debts or deeds of any future husband she may marry or the diligence or any other attachment of her or his Creditors and the Child or Children to be procreated of the said Marriage equally among them if more than one in fee, or otherwise in case there shall not be a child or children procreated of the said marriage or in case of a child or children existing but all of them dying before attaining majority or being married then to and in favor of the said Jemima Hunter Kellett, in case she survives the...
the said Elias Henriquez Melhado and her heirs or assignees whomsoever in absolute fee and property. All & Sundry the personal & moveable funds & property goods debts effects sums of money bills bonds accounts household furniture plate and heirship movables included that shall be pertaining & belonging indebted and owing to him the said Elias Henriquez Melhado at the time of his death with the whole writs vouchers and instructions thereof and all that has followed or is competent to follow thereon For which causes and on the other part the said Jemima Hunter Kellett hereby assigns dispones conveys and makes over to and in favour of Sir Robert John Milliken Napier of Napier Baronet; William John Macquorn Rankine Civil Engineer in Glasgow; and Michael Clare Melhado A member of the Stock Exchange London and to any other person or persons who may be assumed unto the Trust in manner after mentioned and to the Acceptors or Acceptor Survivors or Survivor of them and to the heirs of the Survivor as Trustee after mentioned and to their quorum after written All and Sundry lands and heritages debts heritable and moveable goods & effects & all other means & Estate real and...
and personal pertaining & belonging indebted or owing or which stand provided to her the said Jemima Hunter Kellett or to which she has acquired or may acquire rights by succession or otherwise and in particular the share of the trust funds to which she succeeded under her father and mothers contract of marriage as the same now stand vested in the names of herself and her two sisters with the whole writs and title deeds documents and vouchers & interest income or profits of the same and the said Jemima Hunter Kellett hereby binds and obliges herself to grant execute and deliver all dispositions assignations or other Deeds of Conveyance and writings at any time necessary for specially Conveying and investing in the persons of the said Trustees the funds means and Estate hereinbefore Conveyed by her to them or the property or Securities in which the same Stand invested and to concur with said Trustees in executing discharges renunciations assignations or dispositions thereof or of any part thereof in pursuance of the powers and to the ends uses and purposes of this Trust And in the event of such farther or other Deeds not...
not being required, all after the solemnization of said marriage the said Elias Henriquez Melhado binds and obliges himself to concur with his said promised wife in granting the same in due form of law when required so to do; And with regard to the ends uses and purposes for which the said Trustees shall hold the foresaid trust funds & subjects they are and shall be as follows viz that after paying & providing for any necessary expences attending the execution of this trust, they shall hold the residue thereof in trust for the use and behoof of the said Jemima Hunter Kellett in liferent during all the days of her life for her liferent alimentary use allenarly, of the free annual proceeds & income of the premises, not assignable by her nor affectable by her debts or deeds or the debts or deeds of her present intended husband or any future husband she may marry or by the diligence execution or attachment of her or his creditors and after her death for behoof of the said Elias Henriquez Melhado in liferent during all the days of his life for his liferent Alimentary use Allendrly, of the free annual proceeds and income...
income of the premises but to be limited and restricted to the one half thereof in the event and in manner after provided & not assignable by him nor affectable by his debts or deeds nor by any diligence or execution thereon and after the death of the longest liver of the said promised spouses, the said Trustees shall hold the residue of said Estates and the funds and property in which the same may from time to time be invested in trust for behoof of the said Child or Children to be procreated of the said marriage equally among them if more than one in fee Declaring that the provisions to the Child or Children of the marriage shall not vest in them until they respectively attain the age of twenty one years and upon their so attaining that age if their mothers liferent has then expired or as soon thereafter as it does expire but not sooner they shall be entitled to payment of one half of their provisions to start them in life and upon such payment being made to the Child or Children, their father's liferent shall hereafter be restricted to the remaining half of the said trust funds and failing a Child or Children of the mar...
marriage the fee of the said trust funds is hereby provided to the said Elias Henriquez Melhado & his heirs or assignees subject always to the liferents and other provisions herein before written, And for Carrying out these purposes the said Trustees shall have power to uplift recover discharge or transfer the said means and estate falling under this trust and the property or stocks in which the same may now or may from time to time be invested and to sell dispose of or convert the same into money by public roup or private sale, to grant all necessary discharges renunciations assignations dispositions or other deeds requisite and from time to time to lay out and invest the funds either on personal or heritable securities or in the purchase of such property or stocks feuduties or ground rents as to the said Trustees may seem eligible or to lodge the same in Bank all at such rates as they can obtain. But it shall not be in the power of the said trustees to invest the trust funds in any joint concern wherein the liability of the partners is not limited. And it is hereby...
hereby expressly provided & declared that neither the debtors in nor the payers of the said debts nor the purchasers of said subjects nor any person or persons, body or bodies, in whose hands or with whom the said trust funds or any part thereof are or may be invested shall have any concern with the application of the sums paid nor with any of the provisions of the trust but the simple receipt discharge or conveyance by the said Trustees shall be to all concerned a sufficient exoneration and it is hereby provided that the said Trustees shall not be liable for omissions nor be bound to use any other diligence than they think proper nor for the intromissions of each other nor for the sufficiency of the securities on which, or of the parties to whom, the trust funds may now or hereafter be lent or invested or of the investments which the said Trustees may make as aforesaid nor for any Factors or Agents to be employed by them with power also to the said Trustees to appoint a Factor or Factors under them with reasonable allowance for trouble in the management of the trust and at their pleasure...
pleasure to remove the said Factors and appoint others in their place with power also to all or any of the said Trustees at any time to resign their office and declaring that it shall also be in the power of the said Trustees or of the survivors or survivor of them acting at the time by a minute under their or his hand, to assume a new Trustee or Trustees who shall be entitled to the same powers and exemptions as the Trustees hereby nominated and shall be invested along with them or the survivor or survivors of them in the trust funds and property. Declaring farther that with the exception after written the major number of such trustees acting at any time shall be a quorum in all questions under the trust excepting only as regards the altering or changing the investments on which the trust funds are at present or may at any future time be laid and which it is hereby provided shall not be done except by the unanimous resolution of the Trustees acting at the time and it is farther hereby expressly declared that the whole means...
means and estate funds & property falling under the present trust as well as all interest dividends or other annual proceeds thereof are and shall be excluded from the Jus Mariti & administration of the said Elias Henriquez Melhado and also from the right of courtesy or other right claimable by law after the dissolution of the marriage which rights of Jus mariti & courtesy are hereby expressly renounced by him the said Elias Henriquez Melhado: and it is farther hereby provided that although the marriage hereby contracted may be dissolved by the death of either of the said intended spouses within year & day of its being solemnized & without a child being born of the same these presents shall be seclesist and be effective any law or custom to the contrary notwithstanding and the parties hereto consent to the registration hereof in the books of Council And Session or others competent therein to remain for preservation & that letters of horning on six days charge and all execution necessary may pass hereon in Common form & thereto cons...
constitute George Monro and John Dick Esquires Advocates Procurators In witness whereof these presents written upon this and the two preceding pages of stamped paper by David Sindel Clerk to Couper and Mackenzie writers in Glasgow are subscribed and sealed by the said Elias Henriquez Melhado and Jemima Hunter Kellett at Florence the twenty second day of January Eighteen hundred and fifty five years before these witnesses Anthony French Banker in Florence & William Henry Wood Merchant in Florence (signed) E H Melhado (LS) Jemima Hunter Kellett (LS) Signed Sealed and delivered being first duly stamped before and in presence of (Signed) Anthony French Banker in Florence Witness, William Henry Wood Merchant Florence Witness. Written by A Maiarshur Colld By GeoMcKintock