Author Topic: Need help with a will phrase  (Read 3049 times)

Offline Falleneagle

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Need help with a will phrase
« on: Monday 12 December 16 01:56 GMT (UK) »
The phrase "Second Son" is this literal or could it be referred to an available son? I believe myself the latter. If a son is not available to be noted as executor wouldn't it pass to the next available son in line? Wouldn't he be considered the second son then?

Many thanks
Blessings
Kevin
Lockhart, MacDonald, Guerin, Evans, Johnston

Offline Rosinish

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Re: Need help with a will phrase
« Reply #1 on: Monday 12 December 16 02:38 GMT (UK) »
Hi Falleneagle,

"Second son" has no reference to anything other than that unless there is something from the will to say/suggest otherwise?

What was the context of the statement & were other siblings named & in what context (wording)?

Annie
South Uist, Inverness-shire, Scotland:- Bowie, Campbell, Cumming, Currie

Ireland:- Cullen, Flannigan (Derry), Donahoe/Donaghue (variants) (Cork), McCrate (Tipperary), Mellon, Tol(l)and (Donegal & Tyrone)

Newcastle-on-Tyne/Durham (Northumberland):- Harrison, Jude, Kemp, Lunn, Mellon, Robson, Stirling

Kettering, Northampton:- MacKinnon

Canada:- Callaghan, Cumming, MacPhee

"OLD GENEALOGISTS NEVER DIE - THEY JUST LOSE THEIR CENSUS"

Offline Falleneagle

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Re: Need help with a will phrase
« Reply #2 on: Monday 12 December 16 03:30 GMT (UK) »
He had 7 sons. He named his son William as his second son but he was the 5th born son. This confuses me as to why he is called second son.
Lockhart, MacDonald, Guerin, Evans, Johnston

Offline Rosinish

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Re: Need help with a will phrase
« Reply #3 on: Monday 12 December 16 03:41 GMT (UK) »
Do you know where the siblings were or if they were all deceased apart from 2 of them, one of which was William & being the youngest if there were only 2 sons still alive?

Does it mention anything at all about his other children?

You're not giving much away  ;)

Annie
South Uist, Inverness-shire, Scotland:- Bowie, Campbell, Cumming, Currie

Ireland:- Cullen, Flannigan (Derry), Donahoe/Donaghue (variants) (Cork), McCrate (Tipperary), Mellon, Tol(l)and (Donegal & Tyrone)

Newcastle-on-Tyne/Durham (Northumberland):- Harrison, Jude, Kemp, Lunn, Mellon, Robson, Stirling

Kettering, Northampton:- MacKinnon

Canada:- Callaghan, Cumming, MacPhee

"OLD GENEALOGISTS NEVER DIE - THEY JUST LOSE THEIR CENSUS"


Offline Falleneagle

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Re: Need help with a will phrase
« Reply #4 on: Monday 12 December 16 03:45 GMT (UK) »
Do you know where the siblings were or if they were all deceased apart from 2 of them, one of which was William & being the youngest if there were only 2 sons still alive?

Does it mention anything at all about his other children?

You're not giving much away  ;)

Annie

Annie, The will mentions two of the children. Johne the eldest and William who he makes executor. I believe his so James was in America at the time and I cannot say about the remains children other than daughters mentioned.

Kevin
Lockhart, MacDonald, Guerin, Evans, Johnston

Offline Falleneagle

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Re: Need help with a will phrase
« Reply #5 on: Monday 12 December 16 03:54 GMT (UK) »
Here is the deciphered first part of will:

The testament testamentar and inventar of the goodes geir sowmes of moneyes and debts pertaining to umqhll Rot. Lockhart mert. burges of Edr the tyme of his deceis quha deceist in the moneth [     ] jajvi thriescoir [  ] zeirs faithfullie maid and given up be himself wpone the tent day of March 1662 zeirs in swa far as concernes the nomination of his exr legacies and tutors to his children and given up be Anna Elphingstoune his relict spous as have and best knowledge in name and behalf of second lawll sone to the sd umqhll Rot. Lockhart in swa far as concernes the whole inventar of his goodes geir debts awine to him and be him quhilk Wm. Lockhart his second sone be nominat his only exr in his letterwill and testament as the samyne of the daitt foirsd subt. with his hand in presence of the witnesses eftermentionat in itself at moir lenth proports

Lockhart, MacDonald, Guerin, Evans, Johnston

Offline Falleneagle

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Re: Need help with a will phrase
« Reply #6 on: Monday 12 December 16 04:00 GMT (UK) »
Here is a later part mentioning George and Henrie:

I nominat Tutors to williame & Harie Lockharts my youngest childreene my weel beloved spous
Anna Elphingstowne and failyreing of hir Be deceis or uther wyse Walter Lord Torphichen
Sir James Lockhart of Lee Sir Thomas Ni (-) colsone of carnocke Jon Banatyne of Torhouse
alesz Menzies of culterawes(?) Mr Jon ?lerk of Eleistoune and vocat George Lockhart and vo(-)
cat Walter checsley  of dalry Mr Rot dowglas minister Mr williame Sandielands my brother
by the mothers syde & James Lockhart schip master at Leith or any there of thame accepting the said
office of tutore to my twa youngest childrine with all power of Tutorie competant to thame be  fall and I recommend to Jon Lockhart my eldest sone to choyse so many of my said worthie frendes above mentionat as he sall think fitt
to be Turators to him and to folloe their advyce and to obay my will ach sall be maid known
be tyame towards the provisione of himself and his youngest breethering and thair mother or
any uther my will without alteratione Item I ordane the twa part of the plennsching of my house to
be secured for twa youngar childreene and for their mothers use and the third par(tion?) be de-
lyvered to my eldest sone except my wering cloathes which I ordane to be divydit betwixt Mr Williame
Sandielandes, Mr williame Lockhart & my said sone at the discretione of my wyf Item I leive my legaciesto be payed withine ane yere after my deceis or efter ane longer tyme as the said frendes or tutors sall thinke fitt To Mr Williame Standielandes my said Brother jaj markes To Mr Williame Lockhart my Brother v C markes To Marie Lockhart spous to Adame Comeing Skynnir ij C markes To hei sister Issoll(Isabell maybe?) Lockhart ij C markes To hir uther sister anna
Lockhart, MacDonald, Guerin, Evans, Johnston

Offline Rosinish

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Re: Need help with a will phrase
« Reply #7 on: Monday 12 December 16 04:10 GMT (UK) »
I can't be sure but it seems to me there are only the 2 surviving sons?

Someone with more knowledge may know different.

There is nothing mentioning any other sons as to being left out of the will for any reason?

Annie
South Uist, Inverness-shire, Scotland:- Bowie, Campbell, Cumming, Currie

Ireland:- Cullen, Flannigan (Derry), Donahoe/Donaghue (variants) (Cork), McCrate (Tipperary), Mellon, Tol(l)and (Donegal & Tyrone)

Newcastle-on-Tyne/Durham (Northumberland):- Harrison, Jude, Kemp, Lunn, Mellon, Robson, Stirling

Kettering, Northampton:- MacKinnon

Canada:- Callaghan, Cumming, MacPhee

"OLD GENEALOGISTS NEVER DIE - THEY JUST LOSE THEIR CENSUS"

Offline Rosinish

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Re: Need help with a will phrase
« Reply #8 on: Monday 12 December 16 04:12 GMT (UK) »
Can you clarify where this was in todays terms of name places please to save us having to revert to 'google'

Annie
South Uist, Inverness-shire, Scotland:- Bowie, Campbell, Cumming, Currie

Ireland:- Cullen, Flannigan (Derry), Donahoe/Donaghue (variants) (Cork), McCrate (Tipperary), Mellon, Tol(l)and (Donegal & Tyrone)

Newcastle-on-Tyne/Durham (Northumberland):- Harrison, Jude, Kemp, Lunn, Mellon, Robson, Stirling

Kettering, Northampton:- MacKinnon

Canada:- Callaghan, Cumming, MacPhee

"OLD GENEALOGISTS NEVER DIE - THEY JUST LOSE THEIR CENSUS"