| _DSCR | 1759 McCulloch, Edward (13.6.1784)
(Image 2890, Last Image 2891)
Image 2890
William Gordoune of Campbleton Commissary Principale of the Commissariot of Kirkcudbr[ight] to
Exe[cutor]s herof Conjointly & Seperately Specially Constitute
Greeting It is my wile and I charge you that in coutenence this my Edict seen ye pays and in
his Majesties name and authority and mine lawfully summond warnd and charge All & Sundry
the Executors Testamentary Spouse Bairns if any be and Intromettors with the Goods & Gear of
the Deceas Edward McCulloch of Ardwall and all others having or Pretending to have
Interest in the said matter by open Proclamation at the mercat Cross of Kirthcudbright
head brough[t] of the said Commissariot and Paroch Kirk of Anwoth and other places needfull to
Compear before me which in the Tolbooth of Kirkcudbright upon the Fifteenth Day of June
Currant[?] peremplarly in the hour of Cause to answer at the instance of Elizabeth and James
McCulloche Children of the Defense That is to say to hear and see the said Elizabeth and
James McCulloch decerned admitted and given as Executor Dative qua nearest in kin
to the umqhll. Edward McCulloch their Father and in and to the goods gear debts sums
of money and others whomever which truly pertained belonged and were adebted resting
and owing to the said Defunct the time of his Decease which was in the month of
one thousand and seven hundred and fifty years and not contained in the inventory
of his principale Testament if he any in add or on purpus[?] omitted and life forth therof
and also not estimate to the will or awards & process of the same or else to alledge
and reasonable caused in the contrary which Certification as Executors[?] according to Justice
the which to do & given at Kirkcudbright the fift[ee]n day of June 1759 year.
David Teljair
15th June 1759
Buchannon procutor for the raison of the Edict produced the same which the Executors on
the back therof which being called and none Compearing to oblige the Commissary
Decerned conform to the Edict and Conclure on therof and ordained the Persons to give up
Inventory of the Defuncts Effects find Caution & Confirm in Common form and ordained
Extrars.[?] Will Gordoune
Image 2891
Upon the first day of June one thousand one hundred and fifty
nine years I John McWhinnie Commissary officer par[ticular][?] at
Command of the herein[?] written Edict to the mercat Cross of Kirkcudbr[ight].
head brought of the said Commissariot and there at being a mercat day
between the hour of eleven and twelve at midday after Crying
three separate oyess I openly read & published the said written
Edict and by virtue thereof in name and authority written
contained[?] I lawfully summoned warned and charged all and
sundry the Executors Testamentary Spouse Bairns if any be and
intromettors with the Goods & Gear of the written designated[?]
Edward McCulloch of Ardwall and all others having or
pretending to have an interest in the said matter to compear
before the Commissary of Kirkcudbright day & place written
mentioned peremptearly in the hour of cause and answer at the
Instance of the also written designated[?] Elizabeth and Jamie McCulloch
in the matter to the Effect and for the reasons and causes wherin
Expresd there I did and made Certification conform to the written
Edict a copy whereof I affixe upon said Marcat Cross before these
witnesses James Fouler & William McWhinney both and witnesses
in which and be hereto substantcing[?] with me
James Fouler witness
John McWhiney
Will McWhiny witness
Upon the third day of June one thousands seven hundred and
fifty nine years, I John McWhinney Commissary officer principal
Command of the within[?] written Edict to the most patent door of
the Kirk of Anworth and there at being a Sabbath day immediately
after divine service and the blessing was said in the forneoon I
dutifully read & proclaimed this said written Edict & by tenor[?] herof
in name & authority within Court & lawfully summond warned &
charged and sundry this Executor Testamentary Spouse bairn if
any be & intro media with the goods & gear of the written departed
Edward McCulloch of Ardawll & all other having or pretending to
have interests in the said matter to compear before the Commissary
of Kircudbright day & place within mentioned peremplarly in
the hour of Cause & answer at the Instance of the also written
des[ig]n[at]ed Elizabeth and James McCulloch in the matter to the
Edict and for the reason & causes which in express this idea and
made Confessstion Conform to the written Edict whereof I affirm
written copy upon said & written down before these witnesses John Tait
& James Mour both at Bank of Berld[?]
John Tait[?] witness
John McCohoney[?]
James Mour[?] witness
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