It set forth with conveying and disponing all and whole the estate and lands of Singleside and others, with the lands of Loverless, Liealone, Spinster's Knowe, and heaven knows what beside, 'to and in favours of (here the reader softened his voice to a gentle and modest piano) Peter Protocol, clerk to the signet, having the fullest confidence in his capacity and integrity--these are the very words which my worthy deceased friend insisted upon my inserting--but in TRUST always (here the reader recovered his voice and style, and the visages of several of the hearers, which had attained a longitude that Mr.Mortcloke might have envied, were perceptibly shortened)--in TRUST always, and for the uses, ends, and purposes hereinafter mentioned.' In these 'uses, ends, and purposes' lay the cream of the affair.

The first was introduced by a preamble setting forth that the testatrix was lineally descended from the ancient house of Ellangowan, her respected great-grandfather, Andrew Bertram, first of Singleside, of happy memory, having been second son to Allan Bertram, fifteenth Baron of Ellangowan.
It proceeded to state that Henry Bertram, son and heir of Godfrey Bertram, now of Ellangowan, had been stolen from his parents in infancy, but that she, the testatrix, WAS WELL ASSURED THAT HE WAS YET ALIVE IN FOREIGN PARTS, AND BY THE PROVIDENCE OF HEAVEN WOULD BE RESTORED TO THE POSSESSIONS OF HIS ANCESTORS, in which case the said Peter Protocol was bound and obliged, like as he bound and obliged himself, by acceptance of these presents, to denude himself of the said lands of Singleside and others, and of all the other effects thereby conveyed (excepting always a proper gratification for his own trouble), to and in favour of the said Henry Bertram, upon his return to his native country.

And during the time of his residing in foreign parts, or in case of his never again returning to Scotland, Mr.Peter Protocol, the trustee, was directed to distribute the rents of the land, and interest of the other funds (deducting always a proper gratification for his trouble in the premises), in equal portions, among four charitable establishments pointed out in the will.
The power of management, of letting leases, of raising and lending out money, in short, the full authority of a proprietor, was vested in this confidential trustee, and, in the event of his death, went to certain official persons named in the deed.

There were only two legacies; one of a hundred pounds to a favourite waiting-maid, another of the like sum to Janet Gibson (whom the deed stated to have been supported by the charity of the testatrix), for the purpose of binding her an apprentice to some honest trade.
A settlement in mortmain is in Scotland termed a mortification, and in one great borough (Aberdeen, if I remember rightly) there is a municipal officer who takes care of these public endowments, and is thence called the Master of Mortifications.

One would almost presume that the term had its origin in the effect which such settlements usually produce upon the kinsmen of those by whom they are executed.