McHardy/MacHardy of Ordachoy Genealogy
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Home > Sources > Testament Dative of Robert McHardy or McLeod

The following transcript is published with the kind permission of Scottish Documents — Scotland's Written History. As with all transcripts based on original handwritten documents with hard-to-read script, I cannot guarantee complete accuracy and encourage you to look at the original image for verification. The original image is available for a small fee from the Scottish Documents web site (now amalgamated with the ScotlandsPeople web site), www.scotlandspeople.gov.uk.

Reference Information:
Robert McHardie son of Alexander McHardie or McLeod, gunner at Edinburgh Castle.
23/4/1801
Edinburgh Commissary Court
Ref: CC8/8/132
4 pages

Testament Dative of
Robert McHardie or McLeod

23d April 1801

Robt McHardie  ›  The Testament Dative and Inventary of the debt and sum of money which
or McLeod        ›   was addebted and resting owing to umql Robert McHardie alias McLeod
who was son of Alexander McHardie or McLeod Gunner in the Edinburgh Castle, at the time of his death, which Robert McHardie or McLeod did abroad upon the _______ day of ______ seventeen hundred and _____ years.
      Made and given up by James McHardie alias McLeod residing in Ordachenchan in the parish of Strathdon and by Robert Fleming residing in Orgaff in said parish of Strathdon husband to and in name and behalf of Margt McHardie alias McLeod his spouse, and by Michael Stewart residing in Delnain in said parish, husband to and in name and behalf of Elizth McHardie alias McLeod his spouse as also given up by (Ann McHardie alias McLeod) John Stewart residing in Delahowpar in said Parish of Strathdon husband to and in name and behalf of Elspeth McHardie alias McLeod his spouse, as also given up by Ann McHardie alias McLeod residing in Greystone in the parish of Glenmuick which James Margaret Elizabeth Elspeth and Ann McHardie or McLeod are Brother and Sisters of the said Alexander McHardie or McLeod, and uncle and aunts by the father’s side to the said umql Robert McHardie or McLeod, & only Executors dative qua nearest in kin decerned to him, and that by Decreet[?] of the Commissaries[?] of Edinburgh as the same dated the twenty third day of November Seventeen hundred seventy[?] eight years in itself more fully bears.
     Follows the Inventary
     In the first the said umql Robert McHardie or McLeod had addebted and resting owing to him at the time of his decease the sum of five pounds sterling being part of a larger sum due to the Defunct by Thomas Scotland Esqr for himself and as factor for the trustees[?] of the deceased John Black merchant in Edinburgh, he the said John Black having been factor loco tutoris[?] appointed to the said umql Robert McHardie alias McLeod, and the money which belonged to the Defunct remained in the hands of the said John Black as factor foresaid Extending the said sum of five pounds of poe[?] pounds hg[?] in Scots money to sixty pounds.
Summa of the ›   Lح = // =
Inventary        ›

Masters Andrew Balfour &c Cautr[?] Mr Charles McHardie Minister of the Gospel at Crathie and Braemar dated the 23d day of April 1801 years

Notes

addettit = indebted to, owing
caution, Cautioner
(? Cautr )
= security; bail; one who stands surety for another
Commissary = originally, one of a bishops officials; but after the Reformation an official of an organization called the Commissary Court; in both cases he dealt with matters to do with inheritance, particularly the confirmation of testaments.
defunct = the deceased person
quha = who
rests = arrears
umquhile (umql) = late, deceased

Sums of Money
abbreviations for pounds, shillings & pence:
“lb” or “li” (with a stroke through it) signifying the Latin word “libra” (meaning pounds)
“s” (or double s) signifying the Latin word “solidus” (meaning shilling)
“d” signifying the Latin word “denarius” (meaning penny)

Comments

Note that the family born to James McHardy and Margaret Grant at Tamninraw and Auchallater included children named John, Elizabeth, Margaret, James and Alexander. They were born between 1735 and 1753, and registered in the Catholic Church. More children could have been born into this family during the years in which no records were kept in the Catholic registers. Could these be the uncle and aunts to Robert above? Or were they great aunts and a great uncle?

John, presumably, went back to Tamninraw after marrying Jean Forbes. They had at least two children, Christian and Jean. The last record in the OPRs for John is in 1784. He may have died by the time of Robert’s Testament Dative.

Is this James our James of Ordachoy, first residing at Orachoinachan and then moving back to the family homestead on his marriage to Ann of Auchallater? Note that all the other farms mentioned lie in close proximity to Ordachoy. Or is this James an uncle or even the father to our James?

Note also that there is no mention of William McHardy or McLeod the Catholic priest. He must have belonged to this branch of the McHardys, but what relation was he? A cousin of James of Ordachoy? An uncle? Mention is made on Andrew’s Corryhoul website of William the priest being a very old man at the time of his death.

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