James Murray, Duke of Athole. The Testament Dative and Inventory of the goods, gear, debts and sums of money which pertained, belonged and was
resting to the deceased James Murray, Duke of Athole, (at) the time of his decease which was upon the eight day of January 1764 years,
truely made and given up by Charlott Murray, now Duchess of Athole, only child of the said James Murray, Duke of Athole, and
John Murray, now Duke of Athole, her husband for his interest, executrix testamentar, nominated and appointed by the said defunct, conform to
his Latter Will and Testament annexed to the general disposition dated the twenty day of May 1764, whereof the tenor is subjoined.
Imprimis (Firstly), there is given up, resting (owing) to the said James Murray, Duke of Athole, the time foresaid of his decease,
the sum of two hundred pounds Sterling money of principal, fourty pounds money foresaid of liquidate penalty incurred though failzie (non-payment) and
annual rent (interest) of the said principal sum from the term of Martinmass 1758 to the foresaid eight day of January 1764 years, contained in a
bond dated the third of January 1759 years, granted by the now deceased Sir Patrick Murray of Ochtertyre, Baronet, to the said deceased
James Murray, Duke of Athole, payable at the term of Whitsunday 1759 years.
Summa Inventory
Follows the Latter Will and Testament registered at Edinburgh the twenty-sixth day of April 1764 years. In presence of the Lords of Council and
Session compeared - Mr Robert Dick, Advocate as procurator for James Murray, Duke of Athole, after designed, and gave in the disposition
underwrittten, desiring the same might be registered in their Lordships' Books in manner and to the effect eminent, which desire the said Lords found
reasonable and ordained the same to be done accordingly, whereof the tenor follows:
Know, all men, by these presents, me James Murray, Duke of Athole, do whereas by a disposition and deed of settlement signed by me of this
date I have given and disponed and granted procurably for resigning my whole lands and heritable estate in Scotland to and in favours of myself and the
heirs male of my body, whom failzieing (failing) and in favours of the heirs female of my body, whom failzieing to and in favours of John Murray,
Esquire, eldest lawful son of George Murray, commonly called Lord George Murray my brother germain and the heirs male of his body, whom
failzieing to the other heirs substitutes and successors and with and under the provisions and conditions therein mentioned. The eldest heir female
succeeding always without division and being resolved that my personal and moveable estate shall devolve and pertain to the same persons who by the
foresaid settlement are called in the succession of my heritable estate, therefore to have assigned, transferred and disponed to and in favours of
the heirs male of my body, whom failzieing to Lady Charlott Murray, my only daughter now in life, procreate betwixt me and the deceased
Jean Murray, Duchess of Athole, my spouse, and her heirs whatsoever, whom failzieing to and in favours of the other heirs females to be procreate
of my body. The eldest succeeding without division, whom failzieing, to and in favours of the said John Murray and the heirs male of his body,
whom failzieing to the other heirs substitutes and successors mentioned in the said separate deed and disposition, and in the order therein set down,
all and sundry debts and sums of money principal, annual rents and penalties, bygone rents or teind dulces and other sums whatsoever that shall happen
to be due and resting to me by whatsoever person or persons at the time of my decease, also bonds, obligations, contracts, dispositions, assignations,
decreets, bills, tickets, accounts or other writes whatsoever, together with the said whole writes and securities themselves, whole obligations,
clauses, tenor and content thereof and all and sundry goods and gear, silver plate, pictures, jewels, household plenishing and furniture of all sorts
of whatsoever name nature or denomination the same be pertaining and belonging or that shall happen to pertain and belong to me at my death, dispending
with the said generality and admitting these presents to be as valid and effectual as there every particular generality above assigned and disponed
were specially insert and said(?) own hereintile(?) providing always that my said heirs male and the other heirs and substitutes particularly and
generally before mentioned shall be their acceptation hereof, be bound and obliged to apply the subjects above disponed to my funeral charges and to
the payment of my just and lawful debts, and for making this disposition and assignation the more effectual I, by these presents, nominate and appoint
the heirs male of my body, whom failzieing the said Lady Charlott Murray,my daughter and the heirs of her body, whom failzieing the other heirs
female of my body, whom failzeing the said John Murray and the heirs male of his body, whom failzeing the other heirs substitutes and successors
mentioned in the separate deed signed by me of this date and in the order therein set down. The eldest heir female always succeeding without division
to be my sole executors and universal legators with power to them in the order aforesaid to do everything needfully anent which by the law and
practice of Scotland to the office of an executor nominate is known to pertain, reserving always to me, full power to alter, innovate and change or
burden these presents at any time in my life et ellam in arheule mortis (?) and declaring that if these presents be found lying by me, unaltered
at the time of my death, the same shall be a valid deed although not delivered to any of the heirs before mentioned or to any other person for their
behoof with the not delivery whereof I hereby dispense for ever, consenting to the registration hereof in the Books of Council and Session or any
other competent, therein to remain for conservation and thereto constitute Mr Robert Dick, advocate, my procurator in witness thereof. I have
subscribes these presents, consisting of this and the two preceeding pages written upon stamped paper by William Bogle, clerk to
Archibald Stewart, Writer to the Signet, with another duplicate hereof at Edinburgh the twenty day of May 1754 years before these witnesses:
Humphrey Harrison, one of my chamberlains, the said Archibald Stewart, and Andrew Stewart his son - inserter of the place, date,
witnesses names and designations (signed)
This testament was confirmed at Dunkeld the seventh day of February 1765 years by Mr Thomas Bisset, Commissary, and
Andrew Donaldson, merchant in Dunkeld, became cautioner for the executor.
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