'Retours' & 'Heir Gen' .. In legal speak - what do they mean??

[patval]

Hi,

We have copy of the Excise Service record for John Warden, on this is recorded the following:

Retours Margaret McDonald wo (widow of) John Warden eo (excise officer) in Dingwall to her bro (brother) Hugh McD Sheriff Clerk of Sutherland heir gen. 8.3.1769.... (see attached page for original copy).

Does anyone have any idea what this means as we know that Margaret inherited tenements from Hugh which were sold off at a later date..... we wonder why Margaret would inherit from a brother as women rarely inherited anything at that time.... Does this suggest that perhaps Hugh died unmarried and without issue?

Thanks in anticipation
Patricia

[danuslave]

This might help

www.gould.com.au/Retours-of-Services-of-Heirs-1544-1699-p/scg078.htm

Linda

[GR2]

Before the heir could obtain a precept to put him in possession of the property, the sheriff had to summon a jury to hold an inquest. When it had decided what lands the heir's predecessor had died in possession of, how they were held, their value etc. and that the heir was the true heir, the heir was served heir in special and then the sheriff reported the jury's findings in a retour (= a return) to chancery where they were recorded in the Record of Retours. The heir got an extract back from the Director called a Special Retour.

Graham.

[patval]

Many thanks to you both,

I know a little more now and it would appear that the National Archives in Scotland hold copy's of retours.. but they are in Latin...... I searched through wills and testements on scotlandspeople but nothing there..

Previously I had found evidence of Margaret selling off the land in two lots so I shall have to be satisfied with the fact that she did inherit.     

Regards Patricia

[danuslave]

but they are in Latin

I'm sure there's a RootsChatter or two who could translate for you   

Linda