Testamentor

"Be it kend till all men be the preſent letters, we Robert, David, Andro, and Jean Colvills, lawful bairns to the deceaſt David Colvill, brother-germane to ane Noble Lord Robert Lord Colvill of Ochiltrie, forſomekellas the ſaid deceaſit David our father, in his teſtament-teſtamentor, legaſie, and letter-will, nominat and left the ſaid Noble Lord, then ſtiled Sir Robert Colvill of Cleiſh, Knight, his germane-brother, executor and tutor-teſtamentor to us, and ilk ane of us reſpectively during his lifetime; and in caſe of his deſeaſe during the time of our tutorie, our ſaid deſeaſit father nominate and left to us John Beatoune of Balfoure, James Beatoune younger thairof, and Andro Beatoune, his germane-brother, uncles to us one the mother’s ſide, as likeways tutors-teſtamentors to us, and diſtributors of the ſaid deſeaſit David our father his heal ſumes of money, gudes, and gaire amongeſt us, and either of us reſpectivelie, as after follows;"

"By doing so, it went against a common exhortation in other testaments, to learn from the testamentor's example, and instead asserted that all men had weaknesses and were disobedient, even the most righteous Abraham."

"The cardinal rule of testamentary construction being , that the intention of the testamentor must prevail, and that such intention is deducible from the language of his will and codicils , the amount of his property , the relative claims of his family, his relationship to the legatees, and the relations subsisting; when we shall have ascertained this intention we shall have solved the questions presented upon this appeal."