The Testament Testamentary and Inventory of John Stewart in Achmark-beg, 1738

John Stewart The Testament Testamentary and Inventory of the sums of money and debts which pertained to the deceased John Stewart, only lawful son child of the deceased Neil Stewart in Achmark-beg (at) the time of his decease which was in the month of (blank), truly made and given up by John Stewart of Orrard (Urrard), John Stewart in Achmark-beg, Alexander Stewart in Blairachlar (Blairuachdar) and Neil McGlashan, writer in Clune, conjunct executors testamentary decerned to the said defunct by the Commissary of Dunkeld upon the sixteenth day of September last by past, and that in corroboration of the said defunct his latter will and testament of the date underwritten and whereof the tenor is subjoined.

Imprimis (firstly) There is given up, resting to the said defunct, time foresaid of his decease, the sum of three hundred and thirty three pounds, six shillings and eight pennies, contained in a precept, drawn by His Grace the Duke of Athole, upon Mr Alexander Murray his Graceís factor payable at Martinmass 1735.

Item, the sum of fifty six pounds eighteen shillings, contained in a bond granted by Alexander Robertson in Calvine to the defunct at Martinmass 1736.

Item, the sum of seventy pounds, contained in a bill drawn by the defunct at Martinmass 1736. (this seems to be the same as the following)

Item, the sum of seventy pounds, contained in a bill drawn by the defunct upon and accepted by John Stewart in Achmark-beg, payable at Martinmass 1736.

Item, the sum of thirty six pounds owing to the defunct by Alexander Stewart in Innislanie (Inverslanie) as the balance of a greater sum.

Item, the sum of ten pounds as the balance of a bill drawn by said defunct upon and accepted by David Stewart in Blairachlar (Blairuachdar) payable (blank).

Item, the annual rent (interest) of such of the said sums and yearly annual rent (interest) of the same principal sums since the same fall due.

Follows, the defunctís latter will and testament.

I, John Stewart, only lawful child of the deceased Neil Stewart in Achmark-beg, for as much as there is nothing more certain than death nor nothing more uncertain than the time when and manner how the same shall happen, and being perfect in memory and judgement, albeit sickly and infirm in body, and being now past pupilarity and in my minority since the beginning of December last, and therefore to prevent any disputes that may arise betwixt any friends and relations after my deceased for my (debts, monies?) and effects I may have pertaining to me at my death, in case the same shall happen before I have heirs of my own body, I make my latter will and testament as follows:

In the first place I leave my soul to Almighty God, my Creator believing to be saved by the merits of Jesus Christ my Redeemer and will my body after death to be decently buried.

Item, I nominate, constitute and appoint John Stewart of Orrard, John Stewart in Achmark-beg, Alexander Stewart in Blairuachar and Neil MackGlashan, writer in Clune, to be only co-legators and sole and only co-intromillers with my whole moveable goods and gear, corn and cattle, debts, sums of money either due by bond, bill, or other arrangement and in cash and others in so manner that shall happen to pertain and belong to me the time of my decease, with power to my said co-executors to give up inventory thereof, confirm as foresaid, defray my funeral and pay my just and lawful debts to alsomever person or persons, and to also and dispose upon the remainder equally and proportionally amongst them as their own personal effects at their pleasure and secluding and hereby debarring my nearest of kin and all others that may pretend to be my executors, and finally I appoint and ordain this to be my latter will and testament in all time coming, hereby revoking, calling, annulling and recalling all former latter wills, legacies and testaments if any be made and subscribed by me, preceding this date, and for the more security I consent thereof in the Books of Council and Session or others competent therein to contain for preservation and to that effect I constitute witness whereof these presents, consisting of my process in this and the preceeding pages are written by Donald Robertson at Miltown of Faskally and subscribed by me at Miltown of Faskally, the thirteenth day of April 1736 years before these witnesses: Gregor Murray at the Mill of Blair; and the said Donald Robertson. (signatures)

This testament was confirmed at Dunkeld the nineteenth day of September 1738 by Thomas Bissat, Commissary and the whole Executors Testementary became bound cautions, each of them for one other.

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