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'The Kincardine O' Neil Innkeeper'
Gordons o' Girnoc
Alexander Gordon 19/6/1821 Aberdeen Commissary Court
Innkeeper at Kincardine O'Neil
Testament Testamentar & Inventory
"Is he an Upper Deeside Gordon?"
Peter J. Gordon - December 2003
Inventory of the Goods, Gear and Effects which pertained and were resting owing to the deceased ALEXANDER GORDON, Innkeeper at Kincardine O' Neil at the time of his death, which happened on the 15th (fifteenth) day of May 1821 (eighteen hundred and twenty-one), Given up by James Gordon residing in Aberdeen, now employed in the Post Office there, and Alexander Cromar, Merchant and Robert Cromar, Wright, both in Kincardine O' Neil, Executors of the said Defunct, nominated by him in his Last Will & testament, dated the 4th day of May 1821 and recorded in the Commissary Court Book of Aberdeen the 12th day of June thereafter under protestation that the said Executors shall only be liable for their actual Intromissions and not for omissions, and that they shall have retention and allowance in their own hands of the expense of the Defunct's funeral, the expense of this present confirmation and of every other expense they shall lay out, incur or be put to anoint the Defunct's Executory any manner of way and that they shall be at liberty to add and to Eik to this Inventory as afterwards comes to their knowledge.
The said Executors, under the protestations foresaid, Give up, Grant and Confess that there was resting and owing to the deceased at the time of his death the following sums by the Commercial Banking Company in Aberdeen conform to checks or Deposit Receipts granted by their cashier of the dates after-mentioned, with interest there-on at 4% from the dates of said receipts respectively when the cash was lodged, viz:
£50 pounds Stg. in receipt of 28th June 1820
£60 pounds Stg. in receipt of 15th September 1820
£100 pounds Stg. in receipt of 8th January 1821
£40 pounds Stg. in receipt of 26th March 1821
The following Book Debts due by Sundries as under, viz:
£1 and 13s. by John Ogg in Sundayswells.
£1 and 17s. by Francis Rae in Borrowston.
£1 and 9p. by Alexander Paterson in Sluie.
10s. by John Ogg in Hasthill.
£1 and 11s.9p. by George Christie in Kincardine O' Neil.
6s. by ---- Moir, Relict of the deceased ---- Moir in Kincardine O' Neil.
2s. by Alexander Milne in Mill of Dess.
£6 and 8s. by John Anderson in Indego.
10s. by James Paul, Banchory.
£2 by John Berry, Colliston of Lumphanan.
£2 and 7s. by John Mitchell Bottomsand.
2s. by ---- Mason, Schoolmaster Aboyne.
£1 by James Ross in Banchory.
£5 by Robert Cromar, Kincardine O' Neil.
3s. and 6p by William Thomson in Berwick, Kincardine.
7s. by Alexander Ley (possibly Dey), Auchinlove.
6s. by Benjamin Lumsden, Hattonburn.
£1 by John Moir, Blacksmith, Kincardine O' Neil.
£5 and 2s.11p. by ---- Rose, Supervisor of Excise there (Kincardine O' Neil)
1s. by James Murray, Mason there (Kincardine O' Neil)
2s. by Peter Cromar, Bogloch.
£2 and 2s. by John Brown, Kincardine O' Neil.
£1.17s. and 9p. by John McCondach, Birsebeg.
£10s. by John Luddie, Glentannar.
£5. 8s. and 9p. by Nathaniel Gordon, Glenmuick.
4s. by Charles McLaggan, Crathie.
£1 by John Cairns in Marywell.
At Aberdeen the 19th day of June 1821 in presence of William Dingwall Fordyce Esquire Commissary Depute of Aberdeen.
The Commissary foresaid Ratifies, Homologates and approves of the forgoing Inventory and confirms the said James Gordon, Alexander Cromar and Robert Cromar, Executors Nominate to the said deceased ALEXANDER GORDON in his Last Will and Testament aforesaid, Giving, Granting and Committing to them full power and warrant of intromission contained in the foregoing Inventory and has received George Grant, Merchant in Aberdeen as Cautioner for them that the same shall be made forthcoming to all parties having insofar as accords of the law and in the terms of a separate Bond of Caution executed by the said George Grant -----, and the said Executors Bind and Oblige themselves conjunctly and severally their heirs, executors and successors to see and relieve their said Cautioner of his Cautionary aforesaid and all that may follow thereon: And both the said Executors and Cautioner hereby subject themselves to the Commissary of Aberdeen's jurisdiction in all matters and things relative to said Executory: And in case they or any of them shall at anytime hereafter reside outwith the said Commissary's jurisdiction , then and in that case, they affia the Commissary's Clerk Office of Aberdeen as a Domicile for laying on all Citations for them or either of them, so residing without the said Commissary's Jurisdiction relative to the said Executory which shall be as effectual as if given and delivered to themselves personally and they living and residing within the Commissariat of Aberdeen.
TESTAMENT of ALEXANDER GORDON
At Aberdeen the 12th day of June 1821 in the presence of Arthur Dingwall Fordyce of Culsh, Doctor of Laws, Commissary of Aberdeen compeared Alexander Smith Senior Advocate in Aberdeen as procurator and gave in the Last Will and Testament underwritten of the after designed ALEXANDER GORDON and craved that the same might along with an Inventory of his Personal Estate be insert and Registered in the Commissary Court Books of Aberdeen in terms of the Acts of Parliament 44 Geo. III Cap 98, and 48 Geo. III Cap 149, which request the Commissary foresaid finding reasonable ordained the same to be done accordingly and of which Testament the tenor follows, viz:
I ALEXANDER GORDON, Innkeeper in Kincardine O' Neil, in the Parish of Kincardine O' Neil and County of Aberdeen being at present undisposed in Body but by the Blessing of God sound in Reason do form a desire of Presenting Dissention among my connections after my death make my Last Will and Testament in the following manner.
That is to say, I hereby constitute my brother James Gordon, now employed in the Post Office in Aberdeen, and Alexander Cromar, Merchant and Robert Cromar, Wright both Residenters in Kincardine O' Neil foresaid, my joint Executors and for the purposes herein after mentioned I leave and bequeath to them all my moveable property of every description, whether in money, Bonds, Bills, Household Furniture, Debts due to me, Bestial Farming utensils, Grain or Growing Crop, in a word every kind of Executory that shall belong to me at the time of my death, and with full power to confirm and to sue for and uplift such debts as shall then be due to me - A list of my Debts I have this day taken out of my Book and signed - I recommend it to my Executors to watch over and pursue to a close, for behoof of my dear spouse ELIZABETH CROMAR and my son by her ALEXANDER CROMAR GORDON, the process before the Court of Session respecting the Inventories of my dwelling and other Houses.
I also empower and will them to assist and direct my spouse in managing to the best advantage for her own and our son's Interest, the Farm occupied by me. After paying all my just Debts and Funeral expenses I will and appoint my Executors to pay to my Nephew Alexander Emslie at the first term of June or December which shall happen twelve months after my death such a Proportion of £20 Stg. as they may judge proper. Having taken this Nephew when a child cared for and educated him, I bequeath to him the above sum of Twenty pounds in name of Fees to enable him to learn a Trade, if he be so inclined, and I appoint my Executors to pay the sum to him after the before named Terms, in such proportions as they shall see proper so as that the whole be paid up when he attains to the age of twenty-one years. But as the said Bequest is in the name of Fees or Wages, the said Alexander Emslie before receiving any part thereof is to grant to my Executors a written enunciation of all claims for fees or wages on my Property.
My Will farther is that as soon after the close of my Lease and the said Process as they feasibly can, my Executors shall by Roup, or otherwise, as they shall judge best, convert all my moveable Property into cash, with the exception of such articles of Household furniture, and a cow if she wishes one as my Spouse shall want for her own and our son's comfort; which furniture and cow are to be delivered to her by my Executors on valuation. It being till then unpredictable to ascertain the amount of my Property, I appoint them how soon it is ascertained to PAY to MY SPOUSE the THIRD of the same, which by Law appertains to her. But in ascertaining the amount of my Property with a view to give by her third, they are not to include any article of the providing which my spouse brought with her when we were married, all of which it is my wish that they first deliver over to her.
The REMAINING TWO THIRDS of my Property I Will and Bequeath to my said son, and it being my wish while he is spared and remains a Minor, that his Mother's Third; Though I wish it ascertained as to its amount, shall not be separated from our son's two-thirds, so it is my Will and desire that my Executors lay out on the best security and at the highest Interest the WHOLE of my spouse's and son's monies and to pay her annually for their support and his Education the Interest thereof, and that while they live together; but in the event of separation, by death or marriage on the part of my spouse, their properties are to be separated by my Executors; and my Executors on either of these events taking place I entrust my child and earnestly solicit their protection and care of him, his Education and morals and although I have no doubt that my spouse, if she is spared and remain with my son will be at all pains about his Education, yet in respect to it, and his views in life, my wish is that both she and he be guided by the advice of my Executors and in the event of his engaging with their approbation, in business or learning a trade, and commencing business for himself in it, before he be twenty-one years of age, I hereby authorise my Executors to advance to him such a proportion of the principal of his money as they shall judge necessary and I will them to pay over the Balance or the whole (if no Advance has been made) at the first June or September Term at which it can be drawn after he shall have attained the age complete of Twenty-one years. And in case any Executor shall be able to make such Bargain or agreement with the Proprietor for the reversion of my Lease and payment of the Inventories due on my HOUSES as they shall judge to be for the Interest of my spouse and son I hereby authorise and empower them to conclude said agreement or Bargain and resign the Lease.
In what is above wrote of this my Last Will I have addressed my mind on the supposition that my son shall live to be Twenty-one years of age, which I hope will be the case, But in the event of his death before that period I hereby Will and appoint my Executors to pay to my said spouse £10 Stg., She being bound to account to my Executors, by a second appreciation at the time, for the furniture and the cow (if the latter shall not have died in her possession) that she may have taken on valuation when our son was in life.
I also in the event of my son's death appoint my Executors to pay to my said brother and Executors to pay to my said brother and Executor JAMES GORDON £50 Stg. he giving a discharge to the other two Executors for the same. I further appoint them to pay £35 Stg. to my sister JANE GORDON wife of WILLIAM DAVIE in Burnside of Marywell. They are also to pay £15 Stg. to my Nephew Alexander Emsly foresaid in addition to the £20 before awarded. They are also to pay £15 Stg. to my niece Helen Anderson daughter of John Anderson near Andego, by my deceased sister HELEN GORDON. The foresaid sum I bequeath to my spouse to purchase furniture for her and the above Bequests I make to my Brother, Sister and Nephew and Niece as a Testimony of my severe affection for them. The above FIVE sums being only payable in the event of my sons death before he shall have attained to the age of 21 years I appoint my Executors to pay them if that event should take place at the 1st of June or December Term that shall happen 12 months after his death and as my brother James foresaid must ensure great trouble in the execution of this Trust and has been very affectionate and useful to me I leave and bequeath to him as Executor TEN GUINEAS to be paid to him by the other Executors (he discharging them) 12 months after my death, though I hope my son shall be there in life. And in the event of his death before completing 21 years of age I leave and bequeath to my other Two Executors ONE GUINEA each as a mark of my regard, they discharging my brother for the same, after payment of all Legacies above specified; I appoint my Executors to lay out the residue of the Property that belonged to my son on the best security and Interest they can obtain and to pay the Interest yearly thereof to my spouse during her life while she remains my Widow; and that over and above any Benefit she may derive, as my Widow, from the different friendly or other societies of which I am a member, and which benefit I recommend to my Executors to assist her in obtaining and I further appoint my Executors when the marriage or death of my spouse shall take place, to divide at the 1st of June or December term that shall happen 12 months after either of these events TWO THIRDS of the residue of my Property foresaid among my surviving nephews being the sons of my said brother and sister, James and Jane, and the said Alexander Emsly, the son of my deceased sister Anne by Harry Emslie in ------- and that share and share alike - And in like manner I appoint them my Executors to divide at said term after either of the above events the remaining THIRD of said residue amongst my surviving nieces, being the daughters of my said Brother and Sister, James and Jane, and said deceased sister Helen formerly spouse to the said John Anderson and that share and share alike.
And as I declare what is wrote on this and the 3 preceding pages considering the word "monies" wrote on the margin of page second as attached to and beginning the 18th line of said page, to be my Last Will & Testament in all points Revoking all former wills by me at any time made, so I consent to the Registration hereof in the Commissary Court Books of Aberdeen, or any other Competent Register to remain for preservation and that all necessary execution may be directed hereon upon the shortest notice; and that end I hereby constitute.
My Procurators and in Testimony whereof these Presents, written by the Reverend John Roger Minister of the Gospel at Kincardine O' Neil, on this and the 3 preceding pages are subscribed by me at Kincardine O' Neil the 4th day of May 1821, before witnesses the said MR ROGER and MR JOHN GRASSICK, Teacher of the School in this village.
Signed:
Alexander Gordon.
John Roger (witness)
John Grassick (witness)
Extracted on this and the 11 preceding pages by me Commissary Clerk of Aberdeen.
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Peter Gordon - January 2004:
"Yes I think we can say the Innkeeper has welcomed as cordially to 2004! Being a man of much wealth, I concluded surely his family MUST have raised a tombstone to him. I scoured over what transcriptions I had for Kincardine o'Neil, Birse, Aboyne etc...absolutely nothing! So feeling despondent I sat down to look over the Glenmuick and Glengairn stones...and then it hit me...staring me in the face really!! Viz-a-viz:"
GLENGAIRN Churchyard:
"Fallen Stone: 1823. ALEXANDER GORDON, sometime farmer Wand..head, parish of Glenmuick d. 1786 aged 52, his widow ELIZABETH OGG d. 1806 aged 6?, son JOHN GORDON d. …, ALEXANDER GORDON … Kincardine O'Neil d. 15.5.? (only child, ALEXANDER GORDON d. March 1823 aged ?, widow ELIZABETH d. Kincardine O'Neil 18th April 1854 age…)"
This is our Innkeeper died 15th May 1821 (we can now fill in the blanks!) Sadly his only son Alexander Cromar Gordon had only just turned 3 when he died in 1823…the year the tombstone was raised...presumably by his widow Elizabeth Cromar (another blank filled in) who died on the 18th April 1854.
Although the tombstone is worn, it does refer to WARDHEAD, a long-gone ld farm to be found, not withi Glengairn, but rather as one of multiple small communities at the foot of GLENMUICK..