Will of James Kenneth Saunders (1717-1778)

Inventory of the goods gear Debts & others underwritten, which pertained & were resting & owing to the deceast Doctor James Saunders Physician in Banff at the time of his decease which happened in the Month of November One Thousand seven hundred & Seventy Eight years. Given up by Mrs. Bathia Leslie relict of the defunct aforesaid & Executrix Testamentrix Nominate to him conform to his Latter will & Testament dated the Twenty Seventh day of March One Thousand seven hundered & Seventy three years. Under Protestation that She have the Liberty to add & ick as afterwards comes to her knowledge. And that she be no further lyable but according to her Intromissions That she have retention in her own hands of the Defuncts Executry of all pusuable & priviledged debts, Funeral expenses, & Generally of all Sums of money charges & expences, the said Executrix has dibursed or shall disburse in reference to or in the execution of the said office of Executrix any manner of way.

In the first under the Protestations above written The said Executrix gives of grants & confesses That the said Defunct had pertaining owing & resting to him at the time of his decease foresaid The sum of Eight Hundred Pounds Sterling money of Principale, one fifth part of Penalty & legal annual rent of said Principal sum from the term of Martinmass One Thousand seven hundered & Seventy Eight contained in a Bond of date at Edinburgh the Thirteenth day of November One Thousand Seven Hundered & Seventy five. Granted by Sir James Grant of Grant Baronet to the said Defunct

Bathia Leslye

At Aberdeen the Twenty Third day of September In the year One Thousand seven hundered & Seventy Nine, In presence of Alexander Innes Esqr. of Breda Commissary of Aberdeen.

The Commissary aforesaid ratifies & approves of the forgoing Inventory & Testament, & confirms the said Mrs. Bathia Leslie Executrix Testamentrix to the said deceased Dr. James Saunders conform to the Latter will & Testament above mentioned and grants to her full power & warrant of Intromission with the sums of money contained in said Inventory. & receives Dr. Robert Saunders Physician in Banff as cautioner & surety for the said Executrix, that the sums & subjects contained in the foresaid Inventory shall be made forthcoming to all Persons or Parties having Interest therein as accords of the Law. And the said Executrix obliges her to relieve her said Cautioner of his Cautionry above written & of all that may follow thereon, & the said Executrix & Cautioner hereby submit themselves to the said Commissary's Jurisdiction in all causes relating to the said Executrix, & hereby fix the Commissary Clerks office as a Domicil for citing them in all causes thereanent. In case they shall happen to remove without the Jurisdiction, which citations they shall hold as good as if Personally summoned & residing within the Jurisdiction.

Robert Saunders
Bathia Leslye

Latter will Ninety Pound Scots.

Alexr. Innes


Latter Will and Testament


Doctor James Saunders Physician in Banff

At Aberdeen the Twenty seventh day of September One Thousand Seven hundred & Seventy nine years in presence of Alexander Innes of Breda Esquire Commissary of Aberdeen Compeared John Innes Advocate in Aberdeen as Procurator and gave in the Latter Will & Testament underwritten desiring the same might be insert & registrate in the Register of Probative writes kept for the Commissariot of Aberdeen and that an Extract thereof with the principal might be delivered back to him the Ingiver for which he would grant Receipt which Desire the said Commissary finding reasonable ordained the same to be done accordingly of which the principal being wrote upon stamped paper the Tenor follows vizt. --- I Dr. James Saunders Physician in Banff Considering that Death is Certain, and being at the present very weak in Body but of sound memory and Judgement, am resolved so to settle worldly Affairs in my own time that all differences which may fall out thereanent may be obviated and prevented and for other diverse weighty Causes --- And for that purpose I nominate & appoint Bathia Leslie my Spouse to be my only Executrix, universal Legatrix and Intromitter with my whole goods, gear Effects, Bills, Bonds Tickets, Debts Sums of Money and Moveables of whatever Nature pertaining and belonging to me at the time of my Death to whom I leave and bequeath the same, with the Burden of my just and lawfull Debts, with full power to her, immediately after my Decease, to meddle & Intromitt therewith, Sell use and dispose thereupon, and in general to do everything thereanent as fully and freely in every respect as I could have done had I been present. --- Dispensing with the generality of these presents and admitting the same to be as valid & effectual to all Intents and purposes, as if every particular thing belonging to me, had been specially mentioned and sett down. And I declare this to be my Latter Will & Testament, hereby revoking and recalling all former Testaments if any was made by me, reserving nevertheless to me full power and liberty, at any time of my Life, in Sickness, or upon Death Bed, to alter and innovate these presents and to dispose otherwise upon all or any part of the premisses as I shall think fitt, by myself alone, without Consent of my said Spouse In Testimony whereof I have subscribed these present, written upon this and the preceding page of Stamped paper by John Saunders Merchant in Banff my lawfull Son, at Banff the Twenty Seventh day of March, One Thousand Seven hundred & Seventy three years before Witnesses the foresaid John Saunders and George Saunders Midshipman on board his Majesties Cutter the Alarm, likewise my lawfull Son (so signed) Jas. Saunders, John Saunders Witness Geo. Saunders Witness. Extracted upon this & the preceding page by

Alexr. Innes

content last revised 11 Nov 2004