The Testament Dative and Inventory
of John Stewart in Drumnacrich, 1750

John Stewart The Testament testamentrix and inventory of the debts and sums of money which pertained and was resting to the umquhile (deceased) John Stewart, in Drumnacrich, at the time of his decease which was in the month of May last by past, truely made and given up by Ann Stewart, his edict executor testamentrix nominated and appointed by him for the use and behoof of Patrick, Donald and Ann Stewarts, their children conform to the letter will mutually subscribed whereof the tenor is subpoined.

Imprimis (Firstly), there is given up, resting to the said defunct (at) the time foresaid of his decease, the sum of five hundred merks Scots money principal with a year's annual rent (interest) thereof, contained in an bond drawn by him upon and accepted by Duncan Robertson of Auchleeks and Alexander Robertson, eldest son to Robert Robertson of Nether Bohespic, conjunctly and severally, dated the 24th January 1749, payable against the term of Martinmass then next.

Item. The annual rent (interest) of the said principal sum resting also since the foresaid term of payment which bill was upon the fifteenth day of December 1749 years, protested for not payment and the instrument of protest insert(ed) and registrate in the Books of Council and Session, and a decreet of the Lords thereof interponed thereto the seventh day of February 1750 years and whereon the said umquhile John Stewart raised Letters of Horning dated and .... said 7th day of February and year foresaid by virtue whereof they were lawfully charged to make payment and upon the fifth day of April last were denounced to the Horn and the said's Letters with the Executions and Denounciations swore upon the said 26th day of April last reistrate in the General Register of Hornings at Edinburgh and whereupon the said defunct raised Letters of Caution at his insistance against them.

Item. Two hundred merks money foresaid of principal contained in a bond, granted by James Robertson of Blair (blank) to the said defunct wherein designed merchant in Blair Athole with fourty merks of liquidate expenses and annual rents of the said principal sum, resting since Martinmass 1747 years, dated the seventeenth day of January 1722 years, payable against the term of Martinmass then next.

Summa Inventory

Follows the Latter Will and Testament

At Blair, the first day of March 1749 years. It is agreed upon betwixt John Stewart in Drumnacrich and Ann Stewart, his spouse, on the one and other parts as follows. That is to say the said's parties find it expedient to settle their affairs in their own lifetimes to prevent disgusts betwixt their children after their death. Therefore the said John Stewart hereby nominates and appoints the said Ann Stewart to be sole and only executrix and universal legatrix to him in his goods, gear, debts and sums of money that shall belong to him at his death for the use and behoof of Patrick, Donald, John and Ann Stewarts, their children who have not hitherto been provided by him. Likeas the said Ann Stewart, elder, nominates and appoints the said John Stewart, her husband, her sole executor, universal legator and intromiller with all her just Relict's goods, gear, debts and summs of money, third of moveables and others that shall belong to her at her death, with power to the longest liver of them while in life, and after their deaths to the four unprovided children as named, or survivors of them, to make inventories of their said respective executries and to confirm and execute this present mutual latter will as accords and they mutually declare James, David, Christian and Katherine and Robert Stewarts, their children to be foris familial and debar and exclude them, and each of them, from any share, part or portion of their said respective executries and this they declare to be their latter wills, revoking all former wills made by them, but they reserve power to themselves hencender to alter and revoke these presents in any time of their life at Elearn in arliculo mortis to alter these presents at their pleasure, consenting to the Registration hereof in the Books of Council and Session or others competent, therein to remain for conservation and thereto they constitute.

Their processess and in witness whereof these presents consisting of this and the preceeding page are wrote on stamped paper by James Stewart, servant to Thomas Bisset of Glenalbert, and subscribed by the said parties, place, day, month and year above written, before these witnesses - William McGlashan, son to Patrick McGlashan of Lambtown and the said James Stewart (Latin text and signatures)

This testament was confirmed at Dunkeld, the twenty-fifth day of June 1750 by James Bisset, Commissary and John Stewart, in Dowally, becomes cautioner for the executrix and she bound for his relief.


Return to Testaments