Monday, March 16, 2009

Will of Alexander Hughan, merchant of Creetown, 1771

The following will and testament were downloaded from the Scotlandspeople website.

Testament Testamentary and Inventory of the debts and sums of money which pertained to Alexander Hughan, merchant in Creetown, at the time of his decease which happened in the month of June 1771.
Faithfully made and given down by Thomas Hughan his eldest lawful son and executor nominat to him conform to a testament or disposition made and executed by the said defunct upon the 31st day of may 1771 and registered in books of councill and session on the 14th day of June thereafter, a copy whereof is hereunto annexed.
There was due to the defunct at the time aforesaid the sum of £36-5s as the one half of the bounty due by the Government to the said defunct and to Patrick Brown of Barharrow equally joint owners of the sloop Ferry Town Merchant for the actual employment of the said sloop in the herring Fishery anno 1766 £36.5s
Item the like sum of £36.5s sterling as the one half of the bounty due upon the said sloop for being employed in the said Fishery anno 1767 £36.5s sterling
Total: £72.10.0

Item the interest arising upon these sums from the 5th day of April last after the rate of 3 per centum per annum in time coming till payment.
Follows a copy of the Testament or Disposition.
At Edinburgh the 14th day of June one thousand seven hundred and seventy one years in presence of the Lords of Councill and Session Compeared Mr. David Rae advocate pror for Alexander Hughan after designed and gave in the settlement after written desiring the same might be registrate in their books in manner and to the effect therein mentioned which desire the said Lords found reasonable and ordained the same to be done accordingly whereof the tenor follows.
Be it known to all men by these presents that I, Alexander Hughan, merchant in Creetown,being at present in great bodily distress but of sound mind, memory and judgement am resolved to make my last will and testament in manner following.
Therefore I hereby with and under the burdens of provisions after mentioned Give, Grant and Dispose To and in favours of THOMAS HUGHAN my eldest lawful son procreate of the marriage between me and Margaret Gerran alias Hughan my dearly beloved wife my whole moveables goods gear and effects of whatever nature or denomination and I hereby nominate and appoint the said Thomas Hughan to be my sole executor universal legator and intromitter(sic) with my whole moveable goods and effects with power to the said Thomas Hughan and his tutors and curators after named to obtain him decerned(sic) and confirmed executor to me and in general to do all and everything in relation to the promises which to any general disponee executor or universal legator in such cases is known to appertain and belong and providing always and declaring as it is hereby specially provided and declared that the said Thomas Hughan shall and by acceptation hereof is bound and obliged to make payment of my funeral expenses and all my just and lawful debts and also the sum of five hundred pounds sterling to each of Jean and Alexander Hughan my two younger children which I will and declare to be payable at their respectively attaining the age of twenty one years compleat or the marriage of the said Jean Hughan in case that event shall happen before her attaining the age with a fifth part more than the said principal sum of liquidate penalty and expenses in case of faillie(sic) and for the maintenance and education of the said Jean and Alexander Hughan till the said provisions become payable.
It is my will that the tutors and curators after named to my children or their quorum after specified shall be at liberty and are hereby required to determine and ascertain what annual sums they shall judge reasonable for that purpose not exceeding the legal interest of the said provisions for the time the payment of which funds shall commence at the first term of Whit Sunday or Martinmas after my decease.
And further it is my will and I hereby legate and bequeath to the said Margaret Gerrant alias Hughan my wife a free annuity which with the provisions in her favours contained in the contract of marriage between her and me shall amount to the sum of £25 sterling payable at two terms in the year Whitsun and Martinmas by equal portions beginning the first terms payment at the first term of Whitsun or Martinmas after my decease with a fifth part or more than the said half-yearly payments of liquidate penalty and expenses in case of faillie and it is my will further that the said Margaret Gerran alias Hughan my wife while she remains a widow shall have the life rent of the house I presently possess and furniture therein and of the several subjects fewed(sic) by me from John McCulloch of Barholm all lying in and about Creetown providing always that in case my said wife shall marry a second husband the aforesaid annuity of £25 sterling provided to her shall be and is hereby restricted to the sum of £15 sterling from and after the first term of Whitsun or Martinmas after she shall so marry a second husband.
Declaring that the provisions before mentioned in favour of my wife and children are in full satisfaction to them of all they can ask or claim by and through my decease, I hereby nominate constitute and appoint the said Margaret Gerran alias Hughan my wife while she remains unmarried, Mr. Alexander Brown, Minister for the Gospel at Hoddam; Mr Samuel Brown, Minister of the Gospel at Kirkmabreck; Matthew Campbell, Sherriff substitute of ____; and William Campbell, writer in Edinburgh, or any three ofthem accepting to be a quorum or any two of them or one surviving the rest to be tutors and also curators to the said Thomas, Jean and Alexander Heughan, my children, during the whole time and space of their respective pupilarities and minorities with power to the said tutors and curators or the quorum aforesaid or the survivors or survivor of them to guide, govern and manage my said children and their means and estate in as full and ample a manner as by the Law of Scotland competent to any tutors and curators in the like case and I recommend to the said tutors of my said children to take the aid of ANDREW HUGHAN, feuar in Creetown, in managing and disposing of the stock of wine presently in my cellars and other affairs in which he has been in use to be employed by me, it being hereby expressly provided and declared to be an express quality of the said tutors and curators accepting of these offices that they shall not be liable for omissions in the execution of their office nor in solidum for one another but only each for his or her actual intermissions and consent to the registration hereof in the books of Councill and Session or others competent therein remain for preservation and for that end constitute Mr David Rae advocate.
In witness whereof I have subscribed these presents wrote upon stamped paper by the said William Campbell, writer, Edinburgh, at Creetown on the 31st day of May one thousand seven hundred and seventy one years. Before these witnesses
John Walker, surgeon in Newton Stewart
Andrew Walker, tidesman, Creetown
Signed: Alexander Hughan
John Walker
Andrew Walker.

I, Alexander Gordon of Conihilan, Commissionary Principal of the Commissarriot of Kirkcudbright specially constitute for confirming of testaments within the bounds of this commissariot. By the tenor hereof ratify confirm and approve of this present testament testamentary in so far allenarly as the same is truly made and given down and nother ways and gives and commits the intromission of the above principal funds and interest to the said Thomas Hughan Executor Nominate as said with the power to call and pursue for the same as accords of law providing always the said executor make just compt and reckoning of his intromissions when and where the same shall be legally required."

Crikey Moses...what a mouthful!!! I absolutely hate transcribing the boring legal bits of old wills, particularly as without punctuation each sentence seems to run on and on for the rambling length of what seems the entire page. the personal details are fantastic, but the thanks!

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