The Burgar/Burgess families in Shetland

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Inventory of Testament of James Burgar in Yell

This Testament appears in the Orkney and Shetland Commissary Court - CC/11/2/1 - Scottish Record Office.52

The testament dative and inventar of the guids, geir, soumes of money and
debtis quhilk perteinit to umquhile James Burgar in Colvasetter in the ile
of Yell and lordship of Yetland, quha deceist upon the [blank] day of
Februar 1624, faithfullie maid and gevin up be Mans Nicolsone in Daysetter,
executor dative surrogate in place of the fischall, be decreit of the
commissar of Orknay and Yetland, as the samen of the dait the xxiij day of
July 1627.
 In the first the said  umquhill James haid the gudis, geir, soumes of
money and debtis of the availlis, quantiteis and pryces respective
following, perteining to him, the tyme of his deceis forsaid, viz. ane hors
and meir, pryce of the peice overheid iiij li., summa viij li.; item, ane
ox, pryce xij li.; item tua ky, pryce of the peice viij li., summa xvj li.;
item ane yew, pryce xxvj viij d.
   Summa of the inventar xxxvij viiid [i.e. 1-17s-8d]
   Na debtis awand to the deid
   Na debtis awand be the deid
   Na divisioun
   Quhairof the quot is componit for xxx s.


Our transcription is given below.

The Testament Dative and Inventory of the goods, gear, sums of money and debts which pertain to the late James Burgar in Colvasetter in the isle of Yell and the Lordship of Shetland, who died on the ... day of February 1624, faithfully made and given by Mans Nicolson in Daysetter executor appointed surrogate in place of the court officer be ?  of the date the 23rd day of July  1627.

In the first, the said  late James had the goods, gear and sources of money and debts of the  value, quantities and prices respectively following, pertaining to him at the time of his decease aforesaid Viz

Item one horse and mare, price of the piece each 4, total 8.

Item  Ox, price 12;

Item two  cow? price of each 8, Total 16

Item 1 ewe price 1.17.8d

Total of the Inventory 37

No debts owed by the deceased

No debts owing to the deceased

No division

Whereof the fee is set at 30shillings  (1-10s-0d).

(The fee was for granting Probate and was up to 10%, but was a smaller amount for small estates.  In this case only about 4% was charged).

A Testament Testator is where a person makes a Will and it then goes through the probate process.

A Testament Dative occurred when a person died without making a Will. 

It seems that James died without making a Will.  Three years later Mans Nicholson was appointed by the court as executor.  Who received the proceeds is unclear.



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