1500 1600

1580 Archibald McCubene of Trodonok

Edinburgh Commissary Court Testaments (CC8/8/11) recorded 20/2/1583

Archibald McCubene of Trodonok

Testament dative and Inventory of Archibald McCubene of Trodonok in the parish of Kirkosuall and Sheriffdom of Ayr who died in the Bar in Carrik in December 1580, given up by Hew Kennedy in the Bar of Carrik, as grandfather to Johne McCubene, lawful son of the deceased Archibald, executor appointed by the Commissary Clerk of Edinburgh on the 15 February 1582


The deceased had an action pending against Johne McMillane in Glassok and James McQuharg in Lanevey for wrongfully evicting him out of his kindly steading of the twenty two and sixpence land of old extent of Kirymoir, lying in the parish of Minigaff in the Sheriffdom of Kircudbright. He held a tack and assedation of the property and so was owed 1,000 pounds by them from the date of his eviction which was in May 1576 to the time of his decease

There was another action pending by him against Alexander Stewart of Garlies who had evicted him from the sixteen shilling lands of Monnywerk in the parish of Minigaff and which he (Archibald) held in wadset which had not been lawfully redeemed. He had been evicted in June 1578 and was therefore owed 1,000 merks from that time until the time of his decease.

The value of his Inventory was £1,666/13/4d
To be divided in three parts, deads part was £545/11/1d
No cautioner (surety) was named

Archibald McCubene died intestate
He was a landowner of in Scottish records indicates this
Kindly steading a property not held under lease
Tack and Assedation – lease
Wadset type of mortgage by means of which a landowner could borrow money, using the property as security. It was always redeemable
Old extent refers to Valuations which took place during the reigns of Alexander 111 and David 11
A merk was worth 2/3rds of a Scots pound; from 1600, one pound Scots was worth 1/12th of one pound Sterling
Three parts under Scots Law, a deceaseds estate was divided in three parts one third went to the widow, one third to the children and one third (the deads part) could be bequeathed as the testator wished. In the case of intestacy, this merely became the residue and would go to his family
Testaments only include movable property. Up until 1868, land could not be bequeathed.
Prior to 1600, the year ran from the 25 March to the 25 March. This testament was recorded in January 1582/3. This method of dating was used at the turn of the year

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