Garthbeg Coat Of Arms

The Lost Families of Stratherrick, Strathnairn, and Dunmaglass, Inverness-shire, Scotland

This is the text from the last Will and Testament of Simon McTavish

that relates to the Title and Property of Dunardry

 

then give, devise and bequeath all the aforesaid rest and residue of my estate, property, and effects to my said daughters Mary and Anne and to their heirs, to be equally divided between them, share and share alike, and in case of the death of either before she attains the age of majority or without issue of her body lawfully begotten, that the whole shall go to the survivor and to her heirs forever, save and except as to the estate of Dunardary in the shire of Argyle in Scotland, which I purchased some time ago from Niel Malcom, Esquire, and also the lot of ground and appurtenances which I lately purchased near the Mountain of Montreal aforesaid, it being my will and intention that the said estate and lot of ground and appurtenances shall be taken , held and enjoyed by the male line of my family, in manner as hereinafter limited that is to say, I give and bequeath the said estate of Dunardary and all and singular its rights and appurtenance thereunto belonging, to my said son William, and to his heirs male forever, but until my said son shall attain the age of majority, my will is that my said executors do hold and possess the same in trust for him, and in case of the death of my said son William without heirs male of his body lawfully begotten, I give, devise, and bequeath the said estate of Dunardary and lot of ground aforesaid of my said son Simon, and to his nears male forever, subject however, to be held and enjoyed by my said executors in trust for my said son Simon until he hall attain the age of majority, and in case of the death of my said son Simon without heirs male of his body lawfully begotten, then I give, devise and bequeath the said estate and lot of ground and all and every the appurtenances aforesaid to John McTavish, the oldest of my nephews, son of my late Brother, Alexander, and to the heirs male of his body lawfully begotten, and for want or in default of such heirs of the said John McTavish, then I give, devise, and bequeath the said estate and lot of ground to the younger son of said late Brother Alexander, who I believed is named Alexander, and for want or in default of such heirs of the said Alexander, then I give, devise, and bequeath the said estate of Dunardary and the lot of ground aforesaid to my said nephew William McGillivray and to heirs mail of his body, lawfully begotten, and for want or in default of such heirs of the said William McGillivray, then I give, devise, and bequeath the said estate of Dunardary and the lot of ground to my nephew Duncan McGillivray and to the heirs male of his body lawfully begotten, and for want or in default of such heirs, I give, devise, and bequeath the said estate and lot of ground to my said other nephew, Simon McGillivray and to his heirs forever, provided always that in the aforesaid limitations to the succession and right of claiming and holding the said estate of Dunardary and lot of ground aforesaid, the oldest of the male line shall always succeed alone to the whole of the said estate and lot of ground and that the same shall not be liable to any division among younger heirs, and provided also that such of the persons hereinbefore named, or their heirs, or any or either of them, as shall or may under the limitations hereinbefore contained be entitled to claim, hold, and enjoy the said estate and lot of ground who are not named McTavish, shall be held bound, in order to entitle him or them to claim, hold and enjoy the same, to assume, take, and bear the name of McTavish, and also my arms, and on default of any of the said persons complying herewith, the said estate and lot of ground shall thereupon be transferred to and vested in the next Heir to the person so refusing according to the limitations aforesaid, who shall be thereupon entitled to claim, have, hold, and enjoy the said estate and lot of ground in the same manner as if the person or heir so refusing as aforesaid, had never existed or deceased, upon such surviving heir bearing my name and arms as aforesaid, and in case all my said children should die before they are entitled to receive and have the several legacies hereinbefore given, devised, and bequeathed to them and each of them, I then give, devise, and bequeath all the aforesaid rest and residue of my said estate, property, and effects, save and except the said estate of Dunardary and lot of ground aforesaid which shall be held and taken agreeable to the limitations hereinbefore contained and not otherwise to my said nephew, John McTavish, and in case of his death before his age of majority then to my other nephew, Alexander McTavish, and to his Heirs, or be whatever other name be may be called or known, being the younger son of my late brother Alexander, before he attains the age of majority, then to my said nephews, William McGillivray, Duncan McGillivray, and Simon McGillivray, equally among them and their respective heirs, share and share alike.