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Testament Dative Qua Creditor
In the introductory clause and inventory of the testament dative qua
creditor below, a creditor of the deceased has himself made executor in
order to effect repayment of a loan and associated interest which had
accrued on it, as described in the bill which is summarised in the testament.
Note the use of the double f as a capital F in the name
of the deceased and the creditor. Read through the transcription. A forward
slash has been inserted between clauses to make it easier to follow.
Transcription
The Testament Dative and Inventary of the Goods and Gear which pertained
and were addebted to the deceast Robert Firline late Boatman at Cladoch
near Brodick in arran within the Commissariot of the Isles /
the time of his decease which was in the month of 176[]/
faithfully made and given up by James Fullarton of Corse E[xecuto]r dative
qua Cred[ito]r decerned to the said defunct by decree of the Commissary
of the said Commissariot of date the 28 day of Nov[embe]r 1769 years /
in so far as the said J. F. by his bill dated the 15th day of April 1749
y[ea]rs drawn upon and accepted by the Defunct / ordered
ag[ains]t Mart[ima]s then next to pay to him the Drawer or his order the
sum of 6. 6. 3 sterling / which bill was upon the 17th
day of Nov[embe]r that year protested for not payment and the Instrument
of Protest taken thereupon was registered in the Sheriff Court Books of
Buteshire the 8th day of May / following of which sum
above mentioned and interest thereof there was paid on the 16th of May
1759 L~ 1-3-4 / and on the 10th of Novem[be]r 1762 L~
4-9-6 / which payments are marked on the back of the
bill and likewise paid 19s~ 3 of Interest As the Decreet Dative there
anent more fully bears. / Inventary There was pertaining
and belonging to the defunct at the time foresaid of his decease the Goods
under written valued at the respective sums after mentioned To Wit /
a yaul with saills Masts Cable and
26. anchor at L~ 5-10 shillings / and a young Quey at
fifteen shillings both the forsaid sums being sterling money /
Sum of the Inventary L~ vi.v sterl[ing]
Explanation of the bill of exchange
Robert Firline had agreed the terms of the loan from James Fullarton
in the bill dated 15 April 1749, by which Firline would pay 6 pounds 6
shillings 3 pence on 11 November 1749 (Mart[ima]s then next) (lines10-13).
Firline failed to pay off the loan, so Fullarton protested the bill for
non-payment at the sheriff court of Bute and had an instrument of protest
registered on 8 May 1750 (lines 14-17). This empowered Fullarton to take
steps to enforce payment (in Scots law this is termed diligence) and one
of the ways of doing this was to have himself declared executor dative
qua creditor by the commissary court when Firline died, presenting in
evidence the extract instrument of protest.
| Term |
Definition |
| yaul |
a type of small boat |
| quey |
cow which had calfed or heifer |
| decreet dative |
act of court appointing someone executor |
| anent |
concerning, about |
| more fully bears |
more fully indicates |
| Martimas |
the legal quarter day Martinmas (11 November) |
Note the abbreviations for executor, creditor, years,
against, martimas, november and sterling.
Exercise 4
How much money in total had Firline paid to Fullarton by the time of his death?
To work out your answer you may find it helpful to use Exercise
4 worksheet (RTF, opens in new window, 206KB)
Read the answer to Exercise 4.
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