John Fea VII of Clestrain - Will and Testament

John, by a will and testament dated 12th October 1759 provided for his sons. His will incorporated terms from the earlier will 7th December 1745 made by his brother, James Fea VI of Clestrain.

Know all Men by these presents Me Mr John Fea of Claistron ___ certain good causes of considerations memoring. To have Granted and Disponed as I by these presents Give Grant and Dispone To and in favour of myself and failing of me by decease to the Heirs male of my own body whom failing to Alexander Fea my Son procreate of the body of Christian Manson Residing at Stove in Sanday and the heir male of her body whom failing to Henry Fea his twin Brother and the heir male of his body whom failing my nearest Heirs Male whatsoever and their assigneys whom failing my nearest lawful heirs and lawful Heirs Heirs and Assigneys whatsoever All and whatsoever Lands Heretage of real estate of whatsoever species name or description that now does or may at any time hereafter pertain and belong to me by whatsoever right or title or Claim competent to me for or to the same and particularly All of whole my land & real estate specially enumerated and described in a disposition dated the Seventh day of December Jaivii & forty five years made and granted in favour of me and my Heirs & Assigneys whatsoever by the deceased James Fea of Claistron my brother German....

National Archives of Scotland GD 31/284

The will was witnessed by Pat Neil, Printer in Edinburgh and his brother, Archibald Neil.

It is noted that Alexander must have been the first born of the twins.

Later, the condition of his sons has clearly been giving John Fea cause for concern for the will and testament is amended. This appears to be signed on 23rd July 1760 at Summerhall, near Edinburgh although statements in the years after his death suggest a testament of 2nd July 1760.

"....and whereas since making the said deed I have been informed that the said Alexander and Henry Feas my sons have become Lunatick fatuous or Furious whereby it becomes improper that they should succeed to my estate failing Heirs Male of my own body Therefore for other weighty Causes and Considerations moving me will ye me to have revoked as I hereby revoke the foresaid Deed of Settlement Insofar as the succession to the said Lands and Estates is thereby devised failing heirs male of my own body to the said Alexander and Henry Feas my sons in their order...."

National Archives of Scotland GD 31/287

The property was directed to be passed to his nearest heirs male, which would have precluded his sons as not legitimate issue. Provision was made for his sisters and for Alexander and Henry Fea.

....I hereby ratify and Confirm the said former Disposition and Settlement in every particular except in so far as the same is altered by these presents and I do further hereby make over and despone to Elizabeth Helen Janet and Ann my sisters and longest liver of them or any one or more of them who shall accept this present____ during their lifetimes and also during the lifetimes of the said Alexander and Henry Feas my sons in case of my Demise without heirs male of my own body my whole lands and estate contained in the aforesaid Deed of settlement and Disposition thereby conveyed granted by my deceased brother to me that in trust for the uses and purposes following.

To and in the first place for payment of the debts which do or may affect the same and for fulfilling all the Dispositions tacks or other Deeds granted by me in favour of my said sister themselves or of any other person or persons

Secondly for reasonable(?) and necessary aliment the said Alexander and Henry Feas my sons and _____ of them during and their lifetimes suitable to the state and Circumstances they may be in.

And for applying the superfluous of the rents and profits over and above the said ailment towards payment of my debts principal or interest and Lastly as Trustees for preserving my said estate or free residue thereof and behoof of the other substitutes who by my foresaid former deed of Settlement of my said Estate were called to the succession upon failure of my said sons and their heirs male of their bodys and thereby grant full power and Commission to my said Sisters or survivors of them or to any one or more of them who shall accept this present trust to sell and dispose of such parts of my lands and estate as shall be sufficient for discharging and paying the debts which do or may affect the same....

National Archives of Scotland GD 31/287

John Fea died on 30th August 1760. There are a series of "memorials, questions and answers" for his sisters on the estate covering the next four years. From this we can glean that John was probably unwell when the will was made the previous year.

It has been already observed that the Deceased died on the thirtieth day of August last of a lingering illness with which he had been in some degree troubled before the date of the first deed above mentioned executed by him in October 1759 and ___ three days before his death Mr McIntosh and Mr Budge having gone to pay him a visit found him in a very weak condition upon which at this own desire as he had none of his relations about him, his pocket book and all his letters & papers together with several deeds of settlements which he had made, were putt into a trunk in which he had many other papers, which trunk was locked and sealed in his presence by Mr McIntosh and Mr Budge on which condition it remained until November last that upon applications made on behalf of the memorialists to the Magistrates of Edin , these fealls were taken off and the trunk opened in the presence of the Town Clerk....

National Archives of Scotland GD 31/287