Author Topic: John Steuart - 1707 Scottish Testament Dative  (Read 533 times)

Offline Gilby

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John Steuart - 1707 Scottish Testament Dative
« on: Sunday 24 September 23 15:00 BST (UK) »
Hi.  I've transcribed most of this, but there are a couple of little bits I could do with help on please - highlighted red below.

1st page

Mr John Steuart.  11 August 1707.

The testament dative and inventary of the goods and gear pertaining and belonging to umquhill mr John Steuart elder of Ascoge advocat the time of his deceiss who deceased within the city of Edinburgh in the month of ____ M VI C and four year [1704] ffaithfully me and given up by mr William Weir and mr Adam Colt advocate curators to and as having best knowledge in name and behalf of James Stewart eldest sone to the said defunct his second marriage and only exec. dative as creditor to him in sua farr as the said umquhill mr John Steuart by his dispositione dated the XXVI day of march M VI C and IIV year[1703] assigned and disponed his whole …. In Edbr …. And …. Together with what in Glasgow in cellars he had unsold or brought to Edbr as also what of …. He had in Bute or any where else comprehending yrin [therein] all his moveables of ...


Offline Gilby

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #1 on: Sunday 24 September 23 15:02 BST (UK) »
2nd page

whatsomever kind or quality without distinction of simple moveables from other heirshype moveables secluding his heir from any interest yrin and that to and in favour of the said James Steuart his heir Execr or assignes whatsomever as the sd disposition of the date forsaid insert and regead [?] in the book of Councell and Sessione upon the XVI day of November the said yearin it self at more length be at and yefore [therefore] the said James Steuart is only Execr Dative Decesnd [?] as creditor to his said umquhill father for Invy Cementing [?] and fulfilling to him of the forsaid dispositione in the heall head clauses and articules yerof [thereof] confirme yeto [thereto] and after the forme and tenor of the same mallpoint [?] and sicklyke for payment and satisfaction to him and his said curators for there intresses of the charges and expenses of confirmation of this proponent testament.  In sua farr as the sd defunct his goods and gear underwryton will extend to and as may be recoered to them yerof [thereof] and that by decreet of the commissar of Edbr as the samen of the date the 8 day of Jully M VI C and VII year in it self at length proports.

Offline Gilby

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #2 on: Sunday 24 September 23 15:06 BST (UK) »
After the last bit there follows a long list of furniture and household goods.  And then there's a bit at the end which I'm not sure about.  Presumably "John Steuart now of Ascoge advocate" is a John Stewart junior, probably son of the deceased (though it doesn't state that).

Page 6

… Sir James Elphinstowne and understanding and we decesne [?] and whereupon mr John Steuart now of Ascoge advocate became come [?] as one act made yranent [?] beatr [?].

Offline GR2

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #3 on: Sunday 24 September 23 17:18 BST (UK) »
First page (of original document):

line 5 - Jaj vij c and four

line 6 - given up be (= by)

line 9 - Exe[cu]t[or]

line 11 - be (= by) his dispositione dated the xxiiij (= 24)

line 12 - Jaj vij c and iiij (= 1704)

line 13 - plenishing (= furnishing/equipment) in Ed[inbu]r[gh] utinceills (= utensils) and domiceills (= household effects)

line 15 - plenishing (= furnishing/equipment)


Offline Gilby

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #4 on: Sunday 24 September 23 17:38 BST (UK) »
Aha, thanks for the additions (and corrections!).  The "plenishing" word had me stumped.  I'd also evidently forgotten that "j" is really just a fancy "i", and I was getting it mixed up with "v".

Offline GR2

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #5 on: Sunday 24 September 23 17:55 BST (UK) »
Second page (of original document):

line 4 - his heirs Exe[cuto]rs or assignayes

line 6 - reg[is]trat (= registered) in the books

line 8 - the said year in itself at more Lenth bears And yrfore (= therefore)

line 9 - decernd (= decerned = pronounced/decreed, ie. by the commisary)

line 10 - for Implementing

line 12 - heads clauses and articules yrof (= thereof) Conforme yrto (= thereto)

line 13 - of the Same in all points

lines 15/16 - chairges and Expences

line 16 - prasent (= present)

line 18 - wrytten

line 18 - may be recovered be (= by) them

line 19 - yrof (= thereof)         Ed[inbu]r[gh]

lines 19/20 - Jaj vij c and vij years




Offline GR2

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #6 on: Sunday 24 September 23 18:07 BST (UK) »
Last bit:

Summa of the Inventary - jajvcLxj lib ix s vij d [£1,561 9/7d]

Sir James Elphinstone etc. Understanding etc. we decerne etc.
whereupon Mr John Steuart now of Ascog advocate
became caut[ione]r as ane act made yranent (= thereanent = about that) bears

The clerk has just put "etc." instead of writing out the whole thing.

Offline Gilby

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #7 on: Monday 25 September 23 18:41 BST (UK) »
Thanks very much GR2.  So this is the full transcript I've ended up with incorporating your corrections:

Mr John Steuart.  11 August 1707.

The testament dative and inventary of the goods and gear pertaining and belonging to umquhill mr John Steuart elder of Ascoge advocat the time of his deceiss who deceased within the city of Edinburgh in the month of ____ Jaj vij c and four year [1704] ffaithfully made and given up be [by] mr William Weir and mr Adam Colt advocate curators to and as having best knowledge in name and behalf of James Steuart eldest sone to the said defunct his second marriage and only Exe[cu]t[or] dative as creditor to him in sua farr as the said umquhill mr John Steuart be his dispositione dated the xxiiiJ [24] day of march Jaj vij c and iiij year [1704] assigned and disponed his whole plenishing [furnishing/equipment] in Ed[inbu]r[gh] utinceills and domiceills [household effects] together with what in Glasgow in cellars he had unsold or brought to Edbr as also what of plenishing he had in Bute or any where else comprehending yrin [therein] all his moveables of whatsomever kind or quality without distinction of simple moveables from other heirshype [heritable] moveables secluding his heir from any interest yrin and that to and in favour of the said James Steuart his heir his heirs Exe[cuto]rs or assignayes whatsomever as the sd disposition of the date forsaid insert and reg[is]trat [registered] in the books of Councell and Sessione upon the xvi day of November the said year in itself at more Lenth bears And yrfore [therefore] the said James Steuart is only Execr Dative Decesnd [pronounced/decreed] as creditor to his said umquhill father for Implementing and fulfilling to him of the forsaid dispositione in the heall heads clauses and articules yrof [thereof] Conforme yrto [thereto] and after the forme and tenor of the Same in all points and sicklyke for payment and satisfaction to him and his said curators for there intresses of the chairges and Expences of confirmation of this prasent testament.  In sua farr as the sd defunct his goods and gear under-wrytten will extend to and as may be recovered to them yrof [thereof] and that by decreet of the commissar of Edbr as the samen of the date the 8 day of Jully Jaj vij c and vij year in it self at length proports.

In the ffirt the said umquhill mr John Steuart the time of his deceiss forsaid had pertaining and belonging to him the insight [furniture and household goods] and plenishing [furnishings and equipment] of his lodging in Edbr which was inventared rouped [auctioned] and sold by warrand of the commissar of Edbr as followes: imprimis [first] a copper cistern weighting … [long list of chairs, tables, other furniture and household goods] … Item of goods unsold and in the custody of the said mr William Weir … [more furniture, including some bought at auction by Major Charles Douglass but he failed to pay and never took the items]

… Summa of the Inventary - jajvcLxj lib ix s vij d [£1,561 9/7d]

Sir James Elphinstone etc. Understanding etc. we decerne etc. whereupon Mr John Steuart now of Ascog advocate became caut[ione]r as ane act made yranent [thereanent = about that] bears.


Offline Gilby

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Re: John Steuart - 1707 Scottish Testament Dative
« Reply #8 on: Monday 25 September 23 18:55 BST (UK) »
Do you happen to have any thoughts on the significance of any of the wording?  Why were William Weir and Adam Colt appointed on behalf of James Stewart?  Could it imply James was under 21?

I’ve been reviewing a pedigree which shows John Stewart was the eldest son by the 1st marriage, and he inherited the family estate of Ascog.  It has James Stewart as a son by the 2nd marriage, but it gives his date of birth as 1635, which seems far too early.

My guess is that the James Stewart mentioned here was probably a relatively young man.  It looks like his father may have carried on business as a merchant (he had property in Edinburgh and goods in cellars in Glasgow).  So did John Stewart senior nominate James as heir to his business holdings in 1704, while John stood to inherit the estate back home on the Isle of Bute by default as the elder son?