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29 Decem[be]r 1738 adomissa William Gordon George Turvill & James Cuming

The Testament Dative & Inventory adomissa of the debts and sums of money pertaining and addebted to umquhill William Gordon Late Merchant in Boulogone in France Sometime designed William Gordon of Camphevere merchant in Edinburgh To umquhill George Turvill of Bromley in the County of Midlesex Esq[ui]re, and to umquhill James Cuming senior merchant in Edinburgh the times of their respective deceases who deceased viz the s[ai]d William Gordon in France in the month of February Jajvijc and Twenty Seven years, the said George Turvill in the month of – one thousand seven hundred and thirty – years and [the] James Cuming in the month of – one thousand seven hundred and thirty – years. Omitted out of the principall Confirmed Testament Dative of the said umquhill William Gordon by Alexander Gordon merchant and Bankier in Bolougne aforesaid who was principall Executor dative qua nearest of him Confirmed to the said Alexander Gordon his father by the Commissars of Edinburgh upon the seventeen day of May Jajvijc and Twenty seven years as also omitted out of the first Eik made to the said principall Confirmed Testament by the said Alexander Gordon upon the third day of May Jajvijc and thirty three years and also omitted out of the second Eik made to the said Testament by the said Alexander Gordon upon the third day of December Jajvijc & thirty five years Now Faithfully made and Given up by Margaret Cuming Sister German to the said umquhill James Cuming as having right from him who had right from the said George Turvill (in manner underwritten) who was assigney Constituto by the Said Alexander Gordon Confirm to Indenture Trypartite between him the said Alexander Gordon of the first part The severall other persons whose names and Sealls are thereunto subscribed and Sett being Creditors of the said Alexander of the second part and the said George Turvill principall Creditor and Trustee for the said other Creditors of the Third part dated the fifteenth of June one thousand seven hundred and thirty years Whilk Alexander Gordon Is only Executor dative ad omissa Decerned as nearest of kin to the s[ai]d umquhill William Gordon his Father And the s[ai]d Marg[are]tt Cuming Is only Executor dative qua Creditrix decerned to the Saids Umquhill George Turvill and James Cuming In Suae far as by Indenture of date the Eleventh day of June Jajvijc thirty Four years Entered into between the said George Turvill assigney of the Estate and Effects of the Said Alexander Gordon of the one part and the said James Cuming (therein designed James Cuming the Elder of Edinburgh in North Brittain mer[chan]tt) of the other part

Narrating That whereas By the Indenture first a[fore]mentioned bearing date the Said fifteenth day of June Jajvijc and Thirty years The said Alexander Gordon had become Indebted unto the said George Turvill and the severall other persons whose names and sealls were thereunto subscribed & sett in severall Considerable sums of money And that the said Alexander Gordon with the Consent and by the direction and appointment of the saids Creditors Did assigne Transferr and Sett over unto the said George Turvill his Executors administrators and assigneys all sum and sums of money then due & owing to him or his Separat accompt or as Executor to his said father whither by Bills Bonds Notes Obligations or otherways To hold to the s[ai]d George Turvill his Executors administrators & ssigneys In Trust to and for the Equall use and benefite of the Said George and the rest of the s[ai]d Creditors of the said Alexander Gordon And by the said last Indenture the said George Turvill for and in Consideration of the sums of money th[e]rin mentioned payed and advanced to him by the Said now deceast James Cuming, Bargained Sold Assigned Transferred Sett over unto the s[ai]d James Cuming his Executors and administrators and Assigneys All and sundry debts & sums of money formerly due to the said William Gordon therafter to the said Allexander Gordon his son in his right or to the Said Alexander Gordon in his own right, and then to the s[ai]d George Turvill as the said Alexanders Assigney aforsaid and that by whatsomever person or persons in that part of Great Brittain Called Scotland or who being scots men heretofore or then did Reside in scotland or who then or in time to Come might reside furth thereof whither by bonds Bills accompts Missive Letters decreets sentences or any other manner of way and Likeways by whatsoever person or persons who were debitors to the said William Gordon thereafter to his said son and then to him the said George as assigney foresaid, and also Transferred in favours of the said James Cuming and his foresaids All the saids Bonds Bills and other Vouchers of the debts and Effects so assigned and all actions that had followed or might follow thereon And Transferred the Compleat right th[e]rof from him the said George and the said Alexander Gordon and all his other Creditors To and in favour of the said James Cuming and his heirs and assigneys whom the said George Turvill surrogate & substitute in the full right th[e]rof with full power to him & them to Recover the same for his or their own behoof And which Conveyance the said George Turvill for himself and taking burden upon him as aforesaid Band and obliged him his heirs &c To warrant to the said James Cuming & his heirs or assigneys from the said George his own proper Fails and deeds and the Fails and deeds of the said Alexander Gordon and his said other Cred[ito]rs And Impowered the said James Cuming To Establish proper Titles to the Subjects so Conveyed by Confirming the Said Alexander Gordon Executor dative to his Said Father or any other manner of way that should be Necessary and agreeable to the Law of Scotland as in the said Indenture of date the said Eleventh of June Jajvijc and thirty four years at Length is Containd In Like manner the said deceast James Cuming by Disposition and Assignation of date the Thirteenth day of November Jajvijc and thirty Six years For the Causes thereinmentioned assigned and Disponed To and in favours of the Said Margaret Cuming his sister German her heirs or assigneys All and Sundry Estate & Effects whatsoever whither heretable or Move[ab]l[e] pertaining and belonging to him at his decease That was to Say his houshold Furniture and pleneshing of whatever kind or denomination with any Silver plate or other Goods and Gear whatsoever that should pertain & belong to him at the said time of his decease As Also all & sundry Debts & sums of money either heretable or moveable that should happen to be resting & owing to him at his decease by any person or persons whatsoever any manner of way and all Claims or actions Competent at his Instance Together with all Bonds whither Heretable or Moveable Bills Decreets Contracts Dispositions Obligations Tickets missive Letters open or Attested accompts Inhibitions Adjudications or other Vouchers Instructions or Writes of and Concerning the Said Debts and Claims And in particular without prejudice to the said Generality The s[ai]d James Cuming assigned and disponed To & in favours of the said Margaret Cuming & her foresaid the foresaid Indenture dated the Eleventh of June Jajvijc and thirty four made & past betwixt the above designed George Turvill assigney of the Estate and Effects of the also above designed Alexander Gordon on the one part & him the said James Cuming on the oth[e]r part whereby the said George Turvill assigned Transferred and sett over to him his Executors administrators and assigneys all & sundry Debts & sums of money formerly due to William Gordon Late Bankier in paris deceased thereafter to the said Alexander Gordon his son in his Right or to the Said Alexander Gordon his own right And thereafter to the Said George Turvill As the said Alex[ande]rs assigney And that by whatsoever person or persons in scotland whither by Bonds Bills Accompts Missive Letters Decreets sentences or any other manner of way And all actions that had followed or might follow thereupon Surrogating & substituting the Said Margaret Cuming & her foresaid In the said James Cuming his full right of the premisses Generally or particularly above disponed as the said Disposition & assignation date foresaid at length bears

And Therefore the said Margaret Cuming Is only Executrix dative qua Creditrix decerned to the said Umquhill George Turvill & to the Said Umquhill James Cuming For Implementing & Fulfilling to her of the foresaid Indenture past between them upon the Warrandice therein & above exprest And of the a[bove] Disposition & assignation by the said James Cuming in her favours And that in the haill heads Articles and Clauses Contained in the Said Indenture & disposition & assignation respective abovenarrated after the forms and Tenors of the samen in all points And Sicklike For payment & Satisfaction to the Said Margaret Cuming of the Charges and Expences of Confirmation of this present Testament the samen being wholy advanced and payed out by her at Expeding hereof So far as the Saids Defuncts their Debts & sums of money underwritten will extend to & as may be recovered thereof allenarly And that by Decreet of the Commissars of Ed]inbu]r[gh] as the samen of date the fourteenth day of December Jajvijc & thirty Eight years In itselfe at more length proports

In the First the Saids umquhill William Gordon, George Turvill & James Cuming had addebted and resting owing to them or either of them the times of their respective deceases fors[ai]ds the debts and sums of money aftermmentioned Omitted out of the principall Confirmed Testa[men]t Dative of the said Umquhill William Gordon and two Eiks made thereto abovespecified by the Said Alexander Gordon his son who was prin[cipa]ll Executor qua nearest of kin Confirmed to him in manner foresaid To witt by Mr John Douglas of Garvald the sum of xxxvj Lib~ xiij s~ four pence sterling of a[nnual]rents from the second of January Jajvijc and Thirteen To the second of January Jajvijc and fourteen for the principall sum of Twelve Thousand merks Scots Containd in a Bond granted by Mr John Montgomery of Wral Collonell William Grahame Thomas Coutts Major Patrick Gordon & the said umq[uhi]ll William Gordon Con[junct]lly and se[ver]ally To the s[ai]d Mr John Douglas And which Thirty Six pound thirteen shillings and four pence sterl[ing] was received from the Defunct William Gordon by the said Mr John Douglas Conform to his Recept & discharge dated the Eleventh of February Jajvijc and fourteen Item more by the said Mr John Dowglas the sum of Sixty nine pound Eight shillings Eight & one third part of a peny sterl[ing] of a[nnual]rents for the said prin[cipa]ll sum from the s[ai]d second of Janu[a]ry Jajvijc and fourteen To the second of Jan[ua]ry Jajvijc and sixteen which was also received from the s[ai]d umquhill William Gordon by the s[ai]d Mr John Douglas Conform to his oth[e]r recept & discharge dated the thirty first of august Jajvijc and Sixteen Extending the saids three years a[nnual]rents to the sum of one hundered and Six pound two shillings & one third sterling And that the foresaid principall sum of of Twelve thousand merks scots having been borrowd for and applyed to the use of the Said Collonel William Grahame The said Mr John Douglas out of the Funds and Effects in England belonging to the said Collonell Did upon the Twenty day of November Jajvijc & Ninteen Recover payment of the above principall Sum of Twelve thousand merks Scots with the whole a[nnual]rents thereof alse well from the foresaid second day of January Jajvijc and Thirteen To the Second of January Jajvijc & Sixteen, As from the Second of January Jajvijc and Sixteen To the Said Twenty day of November Jajvijc and Ninteen whereby he the said Mr John Douglas gott Twice payment of the foresaid sum of one hundered and Six pound two shillings & one third sterl[ing] advanced by the defunct William Gordon to him for the three years a[nnual]rent of the foresaid principall in manner a[fore]mentioned Item the sum of Thirty eight pound Nine shillings Sterling of a[nnual][rents for the Said one hundered and Six pound two shillings one third part pence from the said Twenty day of November Jajvijc and Ninteen to the time of the said umq[uhi]ll William Gordon his decease Extending the three Sums of money of a[nnual]rents foresaid In haill to the Sum of one hundered and fourty four pound Eleven shillings and Twelth parts pence sterling and in scots money to one thousand seven hundered and thirty four pound Twelve shilling & four penys Summa of the Debts owing to the Dead} jajvijcxxxiiij lib~ xii s~ iiij d~

Masters Andrew Marjoribanks Make Constitute Ordain and Confirm the said Alex[ande]r Gordon In only Executor dative ad omissa qua nearest of kin to the said Umquhill William Gordon his Father, And the Said Margaret Cuming In only Executrix dative qua Creditrix to the Saids Umquhill George Turvill & James Cuming and in and to the debts & sums of money a[bove]written Omitted out of the said umquhill William Gordon his principall Confirmed Testament Dative & two Eiks made thereto a[fore]mentioned by the Said Alexander Gordon who was principall Executor Comfirmed to him With full power to the said Marg[are]t Cuming (who has Right from the said James Cuming who had right from the s[ai]d George Turvill the Assigney of the Said Alex[ande]r Gordon) To Intromitt therewith uplift. Cautioner James Cuming merchant in Ed[inbu]r[gh] & son of the foresaid James Cuming.

Transcribed by Kirsty M. Forbes, National Archives of Scotland, May 2005