Scottish Will

[Mitch in Notts]

Anyone guess the missing word please?

That the Deponent has entered or is desirous to enter upon the possession and management of the deceased's Estate as Executor ****e qua One of the next of kin.

(qua means in the capacity of/as.)
The missing word could be Falive/Fatwe or what looks like the F could be part of a fancy(common on this document) A(or something?).

Any thoughts?

Many thanks

Mitch

[Coromandel]

Could it be dative?

The HM Revenue & Customs guide TSEM6522 ('Legal background to trusts and estates: executors of Scottish estates') explains that an executor dative 'administers the estate of a deceased who did not leave a valid will. The deceased is said to have died intestate.' (I guess that's what would be called an adminstrator in England & Wales.)

http://www.
hmrc.gov.uk/manuals/tsemmanual/tsem6522.htm

[olliecat]

That the Deponent has entered or is desirous to enter upon the possession and management of the deceased's Estate as Executor ****e qua One of the next of kin.

Yes, I would agree that the word is probably Dative...


That the Deponent has entered or is desirous to enter upon the possession and management of the deceased's Estate as Executor dative qua One of the next of kin.
There is a nice set of tutorials on Scottish Testaments here...

www.
scottishhandwriting.com/18cT1.asp

Quoting from this page...

"Sometimes the successors feel the need to appoint an executor to make the necessary legal and financial arrangements relating to the estate on their behalf. The process by which an executor is appointed by a court, in the absence of a will, results in a document called a testament dative."

Also,

"Testament dative qua nearest of kin = A testament in which the executor or executors appointed are members of the deceased's family"

[Mitch in Notts]

Thank you both very much.

As an example of the difficulties faced the D of dative doesn't look too much like the D of Depute in the document - we seem to have fallen fowl of a moment of sloppiness by the handwriter (but then we are all prone to that aren't we :) )

Thanks again

Mitch