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| Date | 18 DEC 1753
| | _DSCR | John McCulloch of Barholm 18.12.1753 Image 2455
Dated 10th Novr. 1729 - - - -
The Testament Dative
and Inventory of the Goods Gear Debts and Sums of Money which Justly pertained & were adebted resting and owing to the Deceast John McCulloch of Barholm the time of his decease who died ab intestate in the month
of Aprile one thousand seven hundred and fourty seven years Faithfully
made and given down by John Mc Culloch now of Barholm Grandson and Executor Dative qua nearest
in Kin to the said Umqll John Mc Culloch his Grandfather Decerned Admitted and Given in by the Commissary of Kirkcudbright by
his Test. Dative given in ______ pronounced by him Thereanent
upon the Thirty First day of May
one thousand seven hundred and
fifty one years ordaining the said Executor to give down Inventory
find Caution and Confirm in Common form bears.
Inventory of the Debt & Sum of Money
There was Justly Belonging resting and owing to the said umqll John McCulloch of Barholm the time of his decease forsaid the sum of Eight
of principall
thousand pound Scots money ^ Contained in a
Bond Granted by Alexander Murray of Broughton to the Defunct and @ rent therof from
^
Jaibish[?] and fourty four til April Jaibrish[?]
Image 2457 (verso)
And fourty seven years when the said Jms. McCulloch decd. with a penalty effiering[?]
the Principale in Summa of ^ the Inventory
Three years @ rent of the prin[cipa]le
£8000 “0”0 1200 “0”0 £9200 “0”0
I William Gordoune of Campbletoun
Commissary principal of the Commissariot of Kirkcudbright specially constitute for Confirming of Testaments within the Bounds of the said Commissariot Understanding that afterdue Summonding and legal warning made by
publick form of Edict openly and Effiers[?] of the Executors Testamentary Spouse Bairns if any
be and intromettors with the goods & gear of
the said deceasd John McCulloch of Barholm before design[at]ed and all others having or preten- ding to have interest in the said matter to
have compeared before me judicially within
the Tolbooth of Kirkcudbright upon the Thirty
first day of May one thousand seven hundred
and fifty one years peremptorly in the hour of Cause and answered at the Instance of the
also above design[ate]d John McCulloch that is
to say to have heard & seen him decerned
admitted and given in Exectuor Dative qua
nearest in kin to his said umqll. Grandfather
with Certification as Effiered Which being
called and none compearing to object I
decerned therentile as my Decree Dative
given and pronounced by me Thereannent at
more
Image 2457 (recto)
more Length bears Conforming where unto I in his magesties name and authority make Constitute ordain & confirm the said
John McCulloch Executor Dative qua nearest
in kin to the said Umqll. John McCulloch of Barholm his Grandfather and in and to the Goods Gear Debts and Sums of Money that were
adebted resting & owing to the said umqll John McCulloch the time of his decease forsaid
as given down in the foregoing Inventory
with power to the said John McCulloch Exer. forsaid to Intromett[or] with uplift and Receive the same and if need bees to Call Charge pursue and are[?] all proper diligence and Execution
of the Law Therefore and generally every other thing thereanent to do vie & Exerce that to
that office of Exerc Dative qua nearest in
kin is known by law to appertain
provideing always the said John Mc
Culloch as Executor forsaid make just compt
& reckoning of his intromissions when & where the same shall be legally regained where
anent and that the debt and sum of money
given down in the foregoing Inventory shall
be made forthcoming to all persons concerned and having interest as accords to Law David Macweb[?] of Bardrochwood hath become Cautioner for the said Executor as a Bond granted by him thereanent bears in
Testimony whereof these presents are subscribed by me on this same page as usuale and are subscribed by the Clerk of Court on each page
Image 2458
At Kirkcudbright the Eighteen Day of Dec[embe]r one thousand seven hundred and fifty three
years.
Image 2459
Note of sums to be asked to the forsaid Confirmed Testament of the deceased
John McCulloch of Barholm exrede[?] by
the Commissary of Kirkcudbright in favor[?] of John McCulloch of Barholm Exe[cuto]r Decerned to the said deceased John McCulloch his Grandfather
The pres[ente]d[?] sum of 4000 Merks contained in a Bond granted by the deceased James
Earl of Galloway to the said deceased John McCulloch of Barholm dated 7th Aprile of 1733
bearing interest from Whit[Sunday] 1733 and 800[?] of penaltie in case of not punctual pay[men]t
at the term of Martinmass then expressed[?] Deduceing from the said @ rents the sum
of £50 Sterl. due by Barholm to the Earl of by gone Feuds of the lands of Barholm
Item the sum of £145”13” Sterl. contained in
a bill dated 4th Feb[ruary] 1746 drawn by the said deceased Barholm and accepted by Alex[ander] Earl of Galloway payable 3 days after date
and interest therof June the said terms of
paym[en]t
Item the sum of £60 Sterl. cont[aine]d in a bill
drawn by Barholm & accepted by the present
Earl dated 4th Febr[uar]y 1746 p[aya]ble as of[?] March 4th next and interest therof since that term
Item the sum of £100 Sterl. cont[aine]d in a bill dated 11th March 1746 Drawn by the said deceased Barholm and accepted by John Malliorn[?] of Over Aires payable three days after date and interest therof from of s[ai]d terms of payment
Barholm died 30 Aprile 1734
Image 2460
William Gordoune of Campleton Commissary
of the Commissariot of Kirkcudbright specially Constitute for Conform of Testaments within the Bounds of the said Commissariot thereby ratifies approves of and conforms John McCulloch of Barholm Executor Dative qua Nearest in kin
to Umqll John McCulloch of Barholm his Grand Father Decerned and Admitted by ppd the said Commissary upon the Thirty First day of May
one thousand seven hundred fifty one years
and as such confirmed conform to the said Defuncts Testament Dative in favour of the said John Mc Culloch now of Barholm Executor forsaid Expressed and Confirmed before the said Commissary upon
the Eighteenth Day of December 1753 years and
in and to the debts and sums of money under
written which were omitted and left forth of
the Inventory of the said principale Testament
and since Conforming of the same Lately come to
the knowledge of the said John McCulloch who hath now given down the same to be Est[imate]d as follows Item[?]; The Principale sum of Four Thousand
Marks Contained in a Bond Granted by the deceast James Earl of Galloway to the said deceased John McCulloch of Barholm dated the seventh of Aprile one thousand seven hundred and Thirty Three
bearing interest from Whitsunday 1733 and Eight hundred marks of penalty in case of not punctual payment at the Term of Martinmass than next Deducing from the said Linuabeuh[?] the sum of
Fifty pound Sterling Due by the said John McCulloch
Image 2462 (verso)
to the Earl of Bygone Feud[utie]s of the Lands & of Barholm Item the sum of one hundred and
fourty five pound thirteen shillings Sterling contained in a bill dated fourth of February
one thousand seven hundred and fourty six years drawn by the deceased John McCulloch and accepted by Alexander now earl of Galo Galloway payable three days after date and Interest therof since the said Form of payment Item the sum of Sixty pound sterling Contained in a Bill drawn by said John McCulloch & accepted by the said Earl dated fourth February one thousand seven hundred and fourty six years payable against Martinmass then next and Interest thereof since that Term Item
the sum of one hundred pound sterling Cont[ai]-
ned in a Bill dated the Eleventh day of March
one thousand seven hundred and fourty six
Drawn by the said deceased John McCulloch
and accepted by John Hathom[?] of Over Aires payable three days after date and Interest thereof since the said Term of payment and given & Committs the Intromission of the Before written Sums principale penalty and @ rents now Est[imate]d as above to the said John McCulloch now of
Barholm Executor forsaid with Power to him to Call and pursue for the same if need be and
every other thing necessary Thereanent to do or
cause be done that to the Office of Exec[uto]r Dative
qua nearest in kin is known by L aw to appertain reserving such course of reckoning to be made by
the said John McCulloch Exe[cuto]r forsaid as accords to Law Whereanent and that the debts and sums
Image 2462 (recto)
of money herein before Expresst and Est[imate]d as above thereby made & forthcoming to ab persons concerned
and having interest when and where the same
shall be legaly required George Muir of
Caspeneone[?] has become Cautioner as a Bond given Whereanent of Date the Nineteenth day of December one thousand seven hundred and fifty four years In testimony whereof these
presents consenting of this & the two preceding pages are Subscribed by me the said commissary on this last page as usuale and by the Clerk
of Court upon Each Page at Kirkcudbright
the Twenty Third day of December 1754 years
Image 2463
X
And also
ratifies
I William Gordoune of Campbleton Commissary
of the Commisariot of Kirkcudbright Specially Constitute for Confirming of Testaments within the Bounds of the said Commissariot hereby Ratifies aproves of and Confirms John McCulloch of Barholm Executor Dative qua Nearest in Kin to Umqll. John McCulloch
as
of Barholm his Grandfather Decerned & Admitted
me
by the said Commissary upon the Thirty First day of May one thousand seven hundred and fifty one years and as such Confirmed Conform to the said
hes
Defuncts Testament dative in favours[?] of thousand
as
John McCulloch now of Barholm Executor forsaid
of Wil[?] dated X
Expressed and Conformed before the said Commissary upon
and approves
of the conformed testam[ent] of the defunct docente[?] before me
X 2 & conformed
x 3 and also
the Eik to
the sd presented testament made
before me
upon the
23 day of Dec.[?] 1754 And further
thereby
Confirm
in favor of
him the [said] J
Mc was of Barhlm over f[o]rsaid the particular
sums of money afterment[ione]d
Image 2464
John McCulloch upon and accepted by the said Cost[?] John Herawl[?] payable to him or order at Whitsunday then next after the date of said bill which @ rents thereof since the said Term of payment and gives
& comitts the Intromissions of the beforewritten sums principal and @rents now Est[imate]d[?] as above to the said John McCulloch now of Barholm Executor
forsaid with power to him to Call and pursue
for the same if need be and every other thing thereanent to do or cause be done that to the Office of Executor Dative qua nearest in kin is known by Law to appertain reserving such compt & reckoning to be made by the said John McCulloch Executor forsaid as accords to Law whereanent and that the debts and sums of money herein before expressd and Est[imate]d as above that be made furthoning such[?]
the Eighteenth day of December one thousand seven
^ whereby the J McCunw of B x 2
hundred and fifty three years and in and to the therein ^ specified
debts and sums of money and [unclear] where were Defuncts
omitted and left forth of the Inventory of the ^ said if he any made x 3
principale Testament ^ and there confirming & Eiking her
of the said lately come to she knowledge of the said John McCulloch who hath now given down the same to be Eiked as follows It[e]m the Principal sum of Thirty Seven Pound Eight Shillings & four pence Contained in a bill dated Seventeenth April one thousand seven hundred and fourty five drawn by Patrick Heron of Hevon upon and accepted by John Stewart of Drummorral Payable to the said John McCulloch of Barholm at the Term of Whitsunday next after the date of said bill and Interest thereof since the said Term of Payment Item the sum
of one hundred and thirty nine pounds six shillings and one penny sterling contained in another bill dated the said Twentieth of April one thousand seven hundred and fourty five drawn by the said Deceast
John
persons concerned and having Interest when and where the same that be legaly required Mrs.[?] Isobele McCulloch has become Caut[ione]r as a Bond given thereanent of date the sixteenth day of June
one thousand seven hundred and sixty years in testimony wherof these present Consisting[?] of this and the preceding pages as Subscribed by
me on this last page as usuale and by the Clerk
of Court on each page at Kirkcudbright the Thirt
Sixteenth Day of June 1760 years
Image 2465
William Gordown of Campbleton Commissary Principale of the Commissariot of Kirkcudbright specially constitute for Conforming of Testaments within the bounds of the said Commissary and hereby Ratifies Aproves of & Confirms John McCulloch
of Barholm Executor Dative qua Nearest in kin
to Umqll. John McCulloch of Barholm his Grandfather as Decerned & Admitted by me
upon the Thirty First day of May one thousand seven hundred and fifty one years Conform to
the said Defuncts Testament Dative in his favours[?] as Executor forsaid of that date and also Ratifies and approves of the Confirmed Testament of the Defunct Execute before me upon the Eighteenth day of December one thousand seven hundred and fifty three years whereby
the said John McCulloch now of Barholm is Confirmed in and to the debts & sums of money therein specified which is as omitted and left
forth of the Inventory of the Defuncts principale Testament if he any made and also the Eik to
the said Principale Testament made before me
upon the Twenty Third day of December one thousand seven hundred and fifty four and
Sichlike to the Eik to the said principale Test[ament] made before me upon the Sixteenth day of
June one thousand seven hundred & seventy years
and Further I hereby confirm in favour of
him the John McCulloch now of Barholm as Exe[cuto]r forsaid the particular sums of money aforementioned lately come to his knowledge who hath given
down the same to be Est[imat]ed as follows Item the
Principale sum of Two hundred and fourty pound Sterling Contained in a bill drawn by the deceast John McCulloch of Barholm upon & accepted by
the decean Patrick Heron Tensor of Heron dated 12th day December 1743 payable at Martinmass thereafter
Image 2466
and anual rent therof since the said Term of pay[men]t Item the sum of one hundred Pound sterling
contained in a bill drawn by the said defunct
upon & accepted by the said Decean Patrick
Heron dated the seventeenth day of January
one thousand seven hundred and fourty seven[?] payable at Lambass[?] whereafter and @rent of
the said principall since that Term of payment
Item the sum of one hundred and fourty
pound money forsaid Contained in another
bill drawn by the said Defunct upon and
accepted by the said Decened[?] Patrick Heron
dated the said Seventeenth Jan[uar]y 1747 payable
at Martinmass thereafter with the @rents of the
said principall given since the said Term of
payment and Gives & Committs the Intromission
of the before written sums principale and Debts[?] now Est[imate]d as above to the said John McCulloch now of Barholm Executor forsaid with power
to him to call and pursue for the same if need be
and every other thing thereanent to do or cause
be done that to the office of Executor Dative qua nearest of kin is known by law to appertain
reserving full compt & reckoning to be made by
the said John McCulloch Executor forsaid as said accords to Law whereanent and that the debts
and sums of money herein before Expresst and Est[imate]d as above shall be made forthcoming to
all persons concerned and having interest when
& where the same shall be legally reg[is]tered[?] Mrs. Isobele McCulloch has become Cautioner for the
said Executor as a bond given thereanent of date
the day of one thousand seventy hundred and sixty one years In Testimony whereof these present consenting of this and the preceding pages and in subscribed by me on this last page as usuale & by the clerk of court on each page At
Kirkcudbright Twenty Fourth day of Nov[embe]r 1761 years
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