Understanding an old will

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RobinsonCrusoe
Posts: 3
Joined: Mon Apr 19, 2021 4:51 pm

Understanding an old will

Post by RobinsonCrusoe » Thu Sep 30, 2021 1:18 pm

I have been examining an old will (testament dative 1686) on SP of a William Nairne and am looking for some help on two fronts:

1) There appears to be a contradiction as in the early text it seems to state: "Thomas Nairne of Kirkhill his only lawful (?) son and executor dative" but in the last part where the will is confirmed the text seems to read "Thomas Nairne Executor Thomas Nairne brother germane to the laird of Sanffoord".
Can anyone suggest an explanation for this?

2) What options are available if I wanted to have this will "translated"? (The will is in my saved images but downloading as a pdf fails)

Any suggestions greatly appreciated (my one previous post didn't elicit any response so I am hoping to break my duck this time!)

WilmaM
Posts: 1870
Joined: Fri Dec 17, 2004 10:46 am
Location: Falkirk area

Re: Understanding an old will

Post by WilmaM » Fri Oct 01, 2021 11:33 am

That does seem to contradict itself.
I did a google of the Laird of Sandford/Sanford and found a reference in the google book History of the Sufferings of the Church of Scotland: https://books.google.co.uk/books?id=ynB ... 22&f=false
27th February ...
Samuel Nairne brother to the Laird of Sandford ...
the year 1674...
was denounced 'put to the horn'.
which I understand means that he was outlawed, so that could mean Thomas was the surviving 'lawful' son in that respect.
Though where was the 'Laird of Sanfford' at this juncture?
As the term brother germane would suggest that the 2 were full brothers.

Perhaps a look at the Kirk Records would help?
Wilma

RobinsonCrusoe
Posts: 3
Joined: Mon Apr 19, 2021 4:51 pm

Re: Understanding an old will

Post by RobinsonCrusoe » Mon Oct 04, 2021 12:35 pm

Thanks WilmaM for this reply, I hadn't seen that article before.

I now have an explanation: they are two different Thomas Nairnes. The first ("only lawful son") is Executor and beneficiary and the other ("brother germane") is the cautioner (Sc. law: one who becomes security for another). So the Samuel you mention is a brother, along with Thomas ("the cautioner") to the Laird of Sandfurd, Alexander, and looking up other articles that all hangs together.

Presumably the two Thomas Nairnes on "my" will must be related too so that's the next challenge and if anyone can offer anything there then would be great.

WilmaM
Posts: 1870
Joined: Fri Dec 17, 2004 10:46 am
Location: Falkirk area

Re: Understanding an old will

Post by WilmaM » Mon Oct 04, 2021 1:04 pm

Putting "Nairn of Kirkhill" into google gives various results.

https://electricscotland.com/history/re ... otuoft.pdf
has this from the Commissariot of Edinburgh 1658 -1800
Process of Divorce —Mrs. Jean Leslie, relict of the deceased
Mr. John Stewart of Innernytie, against Captain Andrew
Nairn, son to Sir Thomas Nairn of Kirkhill, her spouse, married at Gasconhall 18 March 1706 II 33 12 June 17 12
You may find some of the snippets of use in your jigsaw.

Wikitrees : https://www.wikitree.com/genealogy/NAIRN has an extensive list that may or may not be of use to you.
I think a lot of cross referencing and tracing sources may be of use there though!

The 1600's is on the difficult side of finding documents easily unless they are of the great & good or notorious varieties.
Wilma

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