Testament Dative of James Oven, died 1719
James Oven died, without leaving a will, in November 1719. He was a boatman at Dundee Waterside (probably Woodhaven, since the executor lived at Harlowsheels). This is his testament. There is a gravestone in Forgan churchyard.
The original can be purchased & viewed at the ScotlandsPeople website, Wills and Testaments, CC20/4/18, James Oven 1720.
This page has both a translation into modern vocabulary and a transcript of the original Scots further down.
First, a modern translation of the document:
The testament dative [he left no will] and inventory of the goods, gear and debts of the deceased James Oven, boatman at Dundee Waterside within the parish of St Fillans and Sheriffdom of Fife at the time of his decease which was in the month of November 1719 faithfully made and given by David Walker of Harlowsheels, executor as creditor of the deceased and after due citation [public announcement]
• for the sum of £9 Scots, contained in a bill by the said deceased to the executor dated 18 December 1718 and payable from 11 June 1719.
• the sum of £12 in an obligation by the deceased to the executor and Andrew Key, carpenter, dated 5 May 1719, payable on demand,
• and also for the payment of the expenses of this Confirmation [legal cost of handling this testament] by the Commissioners of St Andrews dated 13 July 1720
• the deceased had a debt due to him at the time of his death by David Baliand / Baliard, late bailie in Dundee, for £12 - 10 shillings Scots as the outstanding charges for boats hired by Mr Baliard from the deceased
• total of the said debt due in £12 - 10 shillings
• total of the debts due out £21 - 10 shillings
• the debts confirmed out exceed the debts due in by £9
this testament was confirmed 13 May 1720 and George Stark, writer in St Andrews, has stood security for the executor.
Secondly, a transcript of the original Scots:
[in the margin] Testament James Oven
The Testament Dative ad hunc efectum and Inventary
of the goods gear and debts of umqll James Oven Boatman
at Dundie waterside within the parish of St Fillans
and shirrifdome of Fife the time of his decease which
was in the moneth of November jajvij C and ninteenth
years faithfullie made and given up by David Walker
of Harlaw sheels exter dative qua creditor decerned to
the sd defunct after due citation for payment and
satisfaction to him of the summ of nine pound Scots
contained in the sd defuncts accepted bill payable
to the Exter dated the eighteen of december jajvij C
and eighteenth payable against the eleventh of
June jajvij and nineteen years. It. the summ of
twelve pounds money forsd contained in ane
obligation granted by the sd defunct to the said
exter and Andrew Key Carpenter dated the fifth
day of May jajvij C and nineteen years and payable
on demand and also for payment of the expenses of
this present Confirmation in so far as the same
may extend to by decreet of the Commissars of St
Andrews dated the thirteen of Jully jajvij C and
twenty years.
In the first the sd defunct had resting addebted and owing to
him the time of his decease forsd by Mr David Baliand late
ballie in Dundie the sum of xij lib x ss Scots as the remains of
Boats fraught hyred from the defunct by the sd Mr Baliaird.
Summa of the sd debt xij lib x ss
Summa of the debt confirmed for xxi lib x ss
Twa the debt confirmed for exceeds the debts confd in ix lib
The forsd testament was confirmed upon the thirteen
day of May jajvij c and twenty years and George
Stark writter in St Andrews has become Cautioner for the
Executer
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