The Testament Dative and Inventory of Donald Steuart in Ardtulichan, 1752

Donald Steuart The Testament Dative and Inventory of debts and sums of money which pertained and was resting to umquhile (deceased) Donald Steuart sometime in Ardtulichan the time of his decease which was in the month of (blank) 1746 years, truely made and given up by Donald Steuart, now in Ardtulichan, his grandson, executor testamentar nominated and appointed by the said defunct, conform to his Latter Will and Testament, whereof the tenor is subjoined:

Imprimis (Firstly), there is given up, pertaining and belonging to the said umquhile Donald Steuart, the time foresaid of his decease, the sum of four hundred pounds Scots, principal, with a hundred pounds money foresaid of penalty, contained in a bond granted by the deceased John Steuart, elder, of Kynachyre (Kynachan) and David Steuart, younger, of Kynachyre, to the said umquhile Donald Steuart, his heirs, executors or assignees, dated 13th June 1721. Item. the annual rents (interest) of the principal sum resting (owing) since Martinmass 1744 years.

Summa Inventory

Follows the Latter Will and Testament

I, Donald Steuart in Ardtulichan being diseased in body but sound in judgement, considering there is nothing more certain than death nor more uncertain than the time thereof, and that being disengaged from the cares of this world I may, with the more composure, apply myself to the concerns of another state, have thought proper to settle my worldly affairs and make my Latter Will and Testament in manner following:
I constitute and appoint Donald Steuart, eldest lawful son to the deceased John Steuart, my son, my sole executor and universal legator with power to him to intromilt with my goods, gear, sums of money and others anyways pertaining and belonging to me and, if needs be, to confirm this, my Latter Will and Testament and to do everything else that any executor in the like case might do, burdening my said executor with the payment of my just and lawful debts, and with the following legacies:
Imprimis, I legate to Isobell Steuart, relict of the deceased John Steuart, my son, fifty merks yearly to be paid out of my first and readiest of my effects, whither sums of money, whither annual rents or others at the term of Martinmass thereafter during all the years of her life, commencing the first terms payment the first Martinmass after she has separated from her children and parted house with them, but whilst the said Isobell Steuart and children keep family together, I appoint that the above legacy is not to take place and that the said Isobell Steuart shall have no title to any annuity. I also appoint that the said Isobell Steuart shall have the use of all the insight plenishing belonging to me during her keeping family with her said children. And the annual annuity to the said Isobell Steuart I appoint to be to her in full of third of moveables and all other claims she might have upon my effects or the effects of my deceased son by contract of marriage or any other way whatsoever. Burdening also my said executor with such portions and provisions to my younger grandchildren as the Tutors afternamed shall think reasonable and proper and I hereby nominate and appoint the following tutors to my grandchildren: Charles Steuart of Inchgarth, Alexander Steuart of Damitaulich (Duntaulich?), Robert Steuart of Blairuachdar, James Robertson in Craig (of Clunes), John Robertson in Balrobbie, James Steuart, son to Robert Steuart in Blairuachdar, and the said Isobell Steuart, relict of my deceased son. Three of the said Tutors to be a quorum with full power to them or quorum of them to manage my effects for behoof of my said grandchldren and to do everything competent for Tutors or Curators in the like cases, they being accountable for their intromissions, but not for their omissions. And for the more security I consent to the registration hereof in the Books of Council and Session or others competent, there to remain for sure conservation and keep(ing) and thereto I constitute (blank) my said ....... in witness whereof I subscribe these presents written by Alexander Steuart, minister of the Gospel at Blair on this and the preceeding page at Ardtulichan the fourteenth day of May 1746 years before these witnesses: John Steuart of Urrard, Mr Neill MackGlashan, write in Clune, Duncan Seaton and John Seaton, sons to John Seaton in Balrobbie, witnesses also to the marginal note subscribed at the desire of the above Donald Steuart, snr. in Ardtulichan, declaring he cannot write. I, Alexander Steuart, minister of Blair subscribed for him. (signed by the Minister and Witnesses)

This testament was confirmed at Dunkeld, the ninth day of June 1752 by James Bisset, Commissary, and James Steuart of Urrard became cautioner for the executor and (he bound for his relief).

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