Author Topic: Scottish 17th century will puzzle  (Read 192 times)

Offline RobinsonCrusoe

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Scottish 17th century will puzzle
« on: Sunday 03 October 21 18:05 BST (UK) »
My interpretation of the first extract is: "...given up by Thomas Nairne of Kirkhill his only lawful son and Executor Dative"

My interpretation of the second extract is "...Thomas Nairne Executor Thomas Nairne brother germane to the Laird of Sanffoord..."

But "only lawful son" and "brother germane" is surely a contradiction? Can anyone offer an explanation? Is it "lawful" in the first extract and, if not, what is it?

I'd be delighted to know what anyone can make of this

Offline horselydown86

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Re: Scottish 17th century will puzzle
« Reply #1 on: Monday 04 October 21 04:20 BST (UK) »
Welcome to Rootschat.

Is it "lawful" in the first extract and, if not, what is it?

Yes, it is:  Lau(fu)ll

As I read it, two Thomas Nairnes are mentioned in Extract 2.

1.  Thomas Nairne Exe(cut)or

2.  Thomas Nairne brother germane to the laird of sanffoord Cau(tion)er

I'm not an expert on the legal practices peculiar to Scotland.

Generally speaking, a Cautioner was a person who became security for another.  It may be that in Scottish probate the Cautioner was security for the Executor.

ADDED:

https://www.dsl.ac.uk/entry/snd/cautioner

Offline GR2

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Re: Scottish 17th century will puzzle
« Reply #2 on: Monday 04 October 21 08:11 BST (UK) »
The cautioner is always a different person from the executor, as you can't be cautioner for yourself. That means, as horselydown86 has said, there are two separate Thomas Nairn(e)s here.


Offline RobinsonCrusoe

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Re: Scottish 17th century will puzzle
« Reply #3 on: Monday 04 October 21 11:57 BST (UK) »
Thank you very much for the explanation, that's great, (the thought had only recently crossed my mind).

I've been doing some Sandfurd investigation and there was indeed a Thomas brother to the Laird of Sandfurd (Alexander) at the time of teh will. The challenge now is to establish a link (surely there must be one!?) between "my" Thomas Nairne, beneficiary in the will, (and son of William Nairne and Margaret Arnott) and the Nairnes of Sandfurd.