Stewarts of Ballintoy and some related families

[Gilby]

Previously when I looked for John’s will on Scotlandspeople I got nothing because I searched for “Stewart” instead of “Murray”.  Just now I found this – unfortunately no will as such but it does mention an entail in favour of his sister which matches what it says on the Stewart pedigree:

“John Stewart alias Black Barony married Miss Murray died without issue 1771 leaving an entail in favour of his sister cutting off the legal heir Alexander Stewart of Ballintoy.”

Now I just need to find the 1763 deed.


John Murray alias John Stewart 31st May 1771

The testament testamentary and inventory of the debt and sum of money which was addebted and resting owing to the deceast John Murray of Blackbarony alias John Stewart of Ascog at the time of his decease who died in Ed. upon the third day of April 1771 made and given up by himself upon the twenty eight of May 1763 insofar as concerns the nomination of his sole executor and now faith fully made and give up by Mrs Mary Stewart sister german of the said defunct insofar as concerns the inventory presd [?] of the said defunct this debt and sums of money after mentioned.  Which Mrs Mary Stewart he the said deceased John Murray alias Stewart did nominate and appoint his sole executor and universal intromitter with his whole moveable goods and gear and others falling under executory and that by his nomination contained in a deed of entail made and executed by the said defunct in favours of himself and the survivors [?] of heirs therein [?] mentioned dated the said twenty eight of May 1763 registered in the books of Council and Session (G.P.) upon the third of May 1771.

Follows the inventory.

In the first the said defunct had addebted and resting owing to him at the time of his decease aforesaid the sum o £50 sterling contained in a promissory note dated the 5th of Sept 1770 granted to him by Messrs Mansfield and Hunter merchants in Edinburgh payable one day after date with interest at the rate of four per cent at the sum of one pound three shillings and six pence sterling as the interest due on said promissory note at the time of the defunct’s decease.  Extending said two sums to fifty one pounds three shillings and six pence sterling which in Scots money is six hundred and fourteen pounds and two shillings.

Summa of the debt resting to the deceased ... ? ... Masters James Smollett C Caur [?] John Bannantyne Commissary of Lanark.

[Gilby]

I haven't found the 1763 entailment (if that's a word), but I did find Mary Stewart's will on Scotlandspeople.

Part 1 of 3

Testament testamentary umquhill Mrs Mary Stewart.  30 Dec 1774.

The testament testamentar and inventory of the debt and sum of money which was addebted resting and owing to the deceased Mrs Mary Stewart of Ascog at the time of her deceased upon the ____ day of ____ last made and given up by herself upon the ninth day of Nov 1773 in so far as concerns the nomination of her sole executor and now faithfully made and given up by Will Fullerton of Rosemont, George Fullerton of Bartinholm and John Bannatyne Commissary of Lanark in so far as concerns the inventory foresaid of the said defunct her debt and sum of money after written which Will and Geo Fullertons and John Bannantyne and the survivor of them the said Mrs Mary Stewart did nominate constitute and appoint to be her sole own universal legators and intromitters with her moveables means and affects and that by her disposition containing the foresaid nomination dated the said ninth of Novr 1773 registered in the sheriff courtbooks of Edr the seventh of Oct 1774 hereafter ingrost.

Follows the inventory.

In the first there was addebted and resting owning to the said defunct at the time of her decease aforesaid the sum of two hundred pounds of principal contained in a bond granted by William Scott of Wool Esq advocate and Charles Scott of Broad Meadows to Mrs Mary Stewart her heirs executors or assigns dated fifth and seventh days of December 1772.  Item three hundred pound of principal contained in a bond granted by Andrew Plumber of Middleslead [?] Esq advocate to said Mrs Mary Stewart dated sixteenth July 1771.  Item three hundred pounds of principal contained in a bond granted by Alexander Spiers, John Bowman, Will French [?] and Geo Crawford all merchants in Glasgow jointly and severally to the said Mrs Mary Stewart dated twenty fourth July 1771.  Item five hundred points sterling of principal contained in a bond granted by Andrew Buchanan senior, Will Buchanan, Robt [?] Hastie, Walter Brack, John Jameson and ____ Jameson his son all merchants in Glasgow and Henry Galloway merchant in Stirling jointly and severally to said Mrs Mary Stewart dated the second and ninth days of Decr 1771.  Item three hundred pounds sterling of principal contained in a bond granted by Andrew Cochran, John Bowman, Alexander Spiers, John Campbell, Thomas Ritor [?] William Boyle, Robt Boyle, Walter Montieth, Robert Marshall and James Ballantyne all merchants in Glasgow jointly and severally to said Mrs Mary Stewart dated second Dec 1772.  Item four hundred pounds sterling of principal contained in a bond granted by John Vere [?] of Stonebyers [?] Esq, Will Weir Commissary of Hamilton and Campsie, Andrew Vere sheriff clerk of Lanark Shire and James Vere of Hawksland jointly and severally to said Mrs Mary Stewart dated eleventh twelfth and thirteenth days of Nov 1773 extending the debts and sums of money before written in haile [?] to two thousand pounds sterling which in Scots money is twenty four thousand pounds.

Summa of the debt resting to the dead …?

[Gilby]

Part 2 of 3

… Follows defuncts disposition containing the foresaid nomination.

I Mrs Mary Stewart of Ascog for the love and favour I have and bear to Will Fullerton of Rosemount, George Fullerton of Bartonholm and John Bannantyne Commissary of Lanark and for certain other causes and considerations me moving having conveyed and disposed as I hereby wt. and under the burdens conditions and provisions underwritten assign transfer convey and dispose to and in favours of the said Will & Geo Fullertons & the said John Bannantyne in case they shall survive one allenarly and to the survivor and last survivor of them all goods gear debts and sums of money heritable and movable and whole means and effects of every kind pertaining and belonging or that shall be resting and belonging to me at the time of my death together with all heritable and moveable bonds bills promissory notes accounts and other writing and vouchers of debts which can in any manner or way be interpreted in my favours at the time of my death with full power to them and the survivors and last survivor of them immediately after my decease to take possession of my said heritable and moveable mean and estate and to use and dispose thereupon as they or the survivors of them shall judge proper providing always as it is hereby specially provided and declared that the said Will and Geo Fullertons and John Bannatyne and the survivor and last survivor of them shall be bound and obliged to make payment to the persons after mentioned in case they shall survive me of the legacies and sums of money following, vizt.

To Stewart Murray Fullerton second son to the said George Fullerton of Bartonholm the sum of one hundred pounds sterling.  To Mrs Fullerton elder of Rosemont relict of Peter Fullerton Esq the sum of one hundred pounds sterling.  To Dame Mary Weir alias Gordon spouse to Sir John Gordon of Invergordon Bart the sum of one hundred pounds sterling.  To Mrs Mary Memory [?] presently residing with Mrs Wills Grocer in Old Bond Street London the sum of one hundred pounds sterling.  To Mrs Jean Gilhagon [?] alias Jean Boyle presently residing in Glasgow the sum of one hundred pounds sterling.  To Mrs Grizzel Fowls is in life sister german of James Stewart of Kalishinmalock [??] the sum of fifty pounds sterling.  To Jean Stewart spouse to Will Brown late officer of Excise in Rothesay the sum of fifty pounds sterling.  To Mary Brown alias Aiken [?] daur procreated of the marriage between Will Brown and Jean Stewart the sum of fifty pounds.  To Jean Brown alias Fletcher [?] another daur procreated of the said marriage the sum of fifty pounds sterling.  To Mr John Anderson minister of the Gospel at Port of Glasgow the sum of one hundred pounds sterling.  To Will Anderson Clerk to the Glasgow Soap Work the sum of one hundred pounds.  To Ebenezer MacMichan late saddler in London now residing near Edr the sum of fifty pounds sterling.  To the kirksession of the parish of Edleston in the County of Peebles for the use and behoof of the poor of that parish the sum of twenty five pounds sterling.  All which said legacies and sums of money the said Will & George Fullertons and John Bannatyne and the survivors and last survivor of them shall by acceptations hereof be bound and obliged to make payment of to my relations and friends as abovementioned in case they survive me at the first term of Whits [?] or March [?] after my decease with a fifth part more of the said respective principal sums of liquidate penalty in case of failzie [?] and advents [?] of the said several principal sums from the said term of payment during the not [?] payment of the sae for rendering these presents more effectual.  I hereby with and under the burdens and provisions abovementioned nominate constitute and appoint the said Will and Geo Fullertons and the said John Bannatyne and the survivors and last survivor of them in case they survive me allenarly to be my sole executors and universal legators and intromitters …

… In witness whereof I subscribe these presents written upon stamped paper by James Walker writer to the signet at Edinburgh the ninth day of Novr 1773 before these witnesses: Robert Scott my servant and the said James Walker witnesses to my signing one marginal note likeways wrote by the said James Walker.  Mary Stewart.  James Walker witness.  Robert Walker witness.

[Gilby]

Part 3 of 3

Masters James Smollet, David Ross, Alexander Murray and Andrew Balfour … [?] and C. [?] the said defunct her disposition and nominations before written and inventory foresaid of her debts and sum of money abovementioned in so far allinarly as the same is herein given up and confirmed and … [?] give and commit the intromission therewith and Caur [?] Richard Campbell writer in Edinburgh dated thirty Dec 1774.

First Kik [?]

Masters Andrew Balfour, Rober Craig, George Ferguson and John McKenzie commissioners and R. A. and C. and Omitted [??] … vizt. The sum of three hundred pounds sterling contained in a bond dated the twenty fourth day of July one thousand 1771 granted by the now deceased Robert Fowlis and Andrew Fowlis both booksellers in Glasgow as conjunct principals and others to the said defunct payable on the twenty second day of Nov thereafter 1771.  Extending the said sum of three hundred pounds sterling in Scots money to three thousand six hundred pounds and we give and commit and Caur [?] John Moir writer to the signet dated the twenty sixth day of May 1777.

[Gilby]

I’ve posted my attempt at transcribing the will of John Stewart of Ascog (1707) here:

https://www.rootschat.com/forum/index.php?topic=876765.0

(According to the pedigree this John Stewart was brother of Ninian and Archibald Stewart of Ballintoy.)

This seems to state that James Stewart was the eldest son by the second marriage.  That fits with the pedigree, except I don’t think this James Stewart could have been the one born in c1635.  His father would need to have been in his 90s.

Then at the end it mentions a “John Steuart now of Ascoge” who is presumably the John Stewart of Ascog “the younger” who appears in the NRS abstracts I posted a while ago (page 4).

William Weir is presumably his son in law.  According to the pedigree, he died without issue, but I wonder if the Mary Weir mentioned in the will of Mary Stewart (see previous posts) was a descendant.

[Gilby]

Here’s quite an informative report about Ascog House:
https://thelandmarktrust.sharepoint.com/sites/LMTPS/History%20Property%20Documents/Forms/AllItems.aspx?id=%2Fsites%2FLMTPS%2FHistory%20Property%20Documents%2FAscog%20House%20History%20Sheet%2Epdf&parent=%2Fsites%2FLMTPS%2FHistory%20Property%20Documents&p=true&ga=1

Some thoughts from reading that…

-   In 1594 the Ascog estate was purchased by John Stewart of Kilchattan and his wife Marion Fairly.  This is presumably “John Stewart of Eskogis” in the 1598 deed.

-   The grandson of the above John Stewart married “Margaret Cunningham” in 1673.  That would fit with “John Stewart of Ascog, Advocate, and Marion Cunninghame, his wife” in 1682 (NRS GD43/30/1).  And she is the Mary Cunningham in the Stewart pedigree.

-   If we were to insert a generation between the two Johns, it could be Ninian Stewart of Ascog named as son of the late John Stewart in 1637.  That would fit with the pedigree which says the John who married M. Cunningham was a son of Ninian.

-   John Stewart, son of the John Stewart who married M. Cunningham, was married to Elizabeth Robertson.  That matches what it says on the pedigree.  This report also adds that her father was John Robertson, apothecary to Charles II and surgeon in Glasgow.

-   Archibald McArthur Stewart (grandson [?] of Isabella Stewart, daughter of John Stewart of Ascog the elder) had Campbell cousins including Thomas Campbell the poet (1777-1844).  This should be a good lead to identify Isabella’s second husband who was a Campbell.

[Kiltaglassan]

Here’s quite an informative report about Ascog House:
https://thelandmarktrust.sharepoint.com/sites/LMTPS/History%20Property%20Documents/Forms/AllItems.aspx?id=%2Fsites%2FLMTPS%2FHistory%20Property%20Documents%2FAscog%20House%20History%20Sheet%2Epdf&parent=%2Fsites%2FLMTPS%2FHistory%20Property%20Documents&p=true&ga=1

Much better to use RootsChat's URL shrinker when posting that long link.

https://www.rootschat.com/links/

[pablo1]

Gilby, I have no idea where Sheely McAulay, wife of George Stewart of Red Bay, fits in.  However, I don't believe that she was of the Cushendall family.  Perhaps just a member of one of the other McAulay lines that married into the Ballintoy Stewarts.

Another McAulay who has captured my interest is Toby McAulay, who is buried in the chapel yard at Inispollan, Cushendun Parish, along with his family.  I am interested in him mostly because the Arms of Ardincaple are engraved upon his headstone.  The only relationship I have found to date was in the Hutchinson bequest, as I believe that he is the same Toby who was a descendant of Robert Stewart of  Maugheramore and Christian.

[Gilby]

Thanks Kiltaglassan – I’ll try to remember that one next time!

Paul – Ah, I see there’s a lot of descendants of Robert Stewart of Magheramore mentioned in the Dobbs report that I have not added to my tree yet, including Tony McAlay.