The Testament Testamentar and Inventory
of James Robertson in Craig of Clunes, 1759

(see also - The Testament Dative and Inventory of Alexander Robertson in Cuiltvuick, 1751
- The Testament Dative and Inventory of John Robertson in Kindrochit of Lude, 1754)

James Robertson The Testament Testamentar and Inventory of the goods, gear, debts and sums of money which pertained and was resting to umquhile (deceased) James Robertson, in Craig of Clunes, (at) the time of his decease which was in the month of (blank) 175..., faithfully made and given up by Duncan Robertson in Calvine, and John Robertson in Croftcarnach (of Borenich), his nephews and conjunct executors 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, resting to the said umquhile James Robertson the time foresaid of his decease, the sum of one thousand merks Scots money contained in a bond granted and due by Ann MacKenzie, Faskally, and George Robertson of Faskally, with the .... advice and consent of the now deceased Kenneth MacKenzie of Dalvine, Advocate, and James Stewart in Clunes, Curators Testamentars, by the said George Robertson, dated the thirteenth day of October 1742 years, payable to the said defunct by them, the said Ann MacKenzie and George Robertson conjunctly and severally against the term of Martinmass 1742 years, bearing annual rents (interest) and two hundred merks money foresaid of liquidate expenses in case of faillies.
Item. The sum of f... hundred merks money foresaid contained in and due by a bill drawn by the defunct upon and accepted by the deceased Alexander Robertson, late of Faskally, dated the (blank) payable (blank) to him, the defunct.
Item. The annual rents (interest) of both said sums preceeding the defunct's death.
Item. Of four hundred merks Scots, less or more, due by the said George Robertson by decreet at the defunct's instance before the Lords of Session, being a debt originally owing him by Alexander Robertson Cullavanuk (Cuiltvuick).

Summa Inventary.

Follows the Latter Will and Testament.

I, James Robertson in Craig of Clunes, finding myself aged and infirm and by the course of nature, death approaching, do therefore judge it necessary to make Latter Will and Testament as follows:
To witt, in the first place I resign my soul to God Almighty, my maker, hoping through the merits and intercession of Christ Jesus, the Saviour and Redeemer of Mankind, to obtain mercy and forgiveness of all my sins.
Item. When it pleases God to call me home, I ordain my body to be decently buried, and as to my worldly affairs I nominate and constitute Duncan Robertson in Calvine and John Robertson in Croftcarnach, my nephews, equally to be my sole and only executors and universal legators and intromellers with all my goods, gear, debts, sums of money and others what-so-ever that shall happen to pertain and belong to me at my death, with the burden of all my just and lawful debts, funeral charges and legacies under-written, viz:
I legate to George Robertson of Faskally the sum of four hundred merks Scots, less or more, resting (owing) by himself to me by decreet at instance before the Court of Session, being originally a debt owing to me by Alexander Robertson in Coullavanack, and by him (George Robertson) to the said Alexander Robertson, but providing that acceptation of the said legacy he, the said George Robertson shall be bound to grant life-rent tacks (leases) to the said Duncan Robertson of his own possession in Calvine, and to the said John Robertson of my own possession of Craig of Clunes for payment of the present rents without augmentation (i.e. without additional charges such as livestock, farm produce or days of labour), which if he refuses to grant, I legate (to) the foresaid Daniell (Donald) Robertson and James Robertson in order to purchase tacks, the best they can, for themselves.

(note of explanation - the sum of 400 merks Scots, less or more, appears to have been the remainder of a feu-bond of 2,000 merks lent to Alexander Robertson, 7th of Faskally in October 1701 by Charles Robertson of Calvine who lived at Clunes. Charles Robertson was married to Helen Robertson, Faskally's daughter, and their only son was Alexander Robertson in Cuiltvuick who died in 1746. The bond still had not been repaid by 1751, by which time the grandson of 'Old Faskally', George Robertson, 9th of Faskally, had inherited the property and its debts. It would seem that George Robertson of Faskally was unable to re-pay the bond so Isobel Stewart, the widow of Alexander Robertson in Cuiltavuick, assigned the bond to James Robertson in Craig of Clunes and he paid her the outstanding debt. Thus George Robertson of Faskally now owed the 400 merks Scots, less or more, to James Robertson in Craig of Clunes).

Item. I legate to Donald Robertson and Duncan Robertson, my nephews, children to deceased Duncan Robertson, my brother germain, the sum of sum of one hundred merks Scots, each, to be paid them the first term after my death with interest thereafter, during non-payment (it is noted in the margin of the original Will, that James Robertson wanted the word 'deceased' to be deleted).
And I declare this my Last Will, hereby revoking all former Wills and Testaments made by me, excepting a bond granted to me by John Stewart in Bonskeid, which I ordain to stand as conceived, viz: failing of myself by death, the sum in the said bond to be paid equally to my said nephew John Robertson and James Robertson my grand-nephew, son to the said Duncan Robertson. And for the more security, I consent to the registration hereof in the Books of Council and Session or others competent, therein to remain for consevation and thereto constitute (blank) my pro.. and in witness whereof these presents which I declare delivered and evident although found amongst my other writts at my death are writt upon this and preceeding pages of stamped paper by Thomas Bissett of Glenelbert and subscribed by me at Blair, the eighteenth day of December 1753 before these witnesses, Donald Robertson, schoolmaster at Blair and James Wilson, inn-keeper at Blair. Also witness to the marginal note on the first page viz deleting the word 'deceased'.
(Signed by James Robertson and witnesses in Latin).

This testament was confirmed at Dunkeld, the fourteenth day of June 1759 by Thomas Bisset, Commissary Depute, and James Steuart, eldest lawful son to Alexander Steuart of Tulloch became cautioner for the executor.


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