These courts dealt with legally confirming wills and testaments (among other tasks), but the cost to do so was exhorbitant, so that most families did not use this process, but instead dealt with the family wills within the family, provided everything was straightfoward. A will appointed an executor (the Testament part), but if a person died without leaving a will, the Commissariot court could appoint an executor, and this was usually a close family member. All the Commissariot records are with the National Archives of Scotland, and the online index to the wills and testaments is available free of charge on the scotlandspeople website. There are published indexes for each Commissariot for the 17th century. I have many of them, if you want a check done: tell me the location where the deceased would have been living when he made the will. Gordon Johnson. > Does anyone know what the custom or laws were pertaining to 17th century > family law? If a man died with sons, would his wife be what we would today > call an executor if the sons were of legal age? Or would she be an executor > if they were minors. (the term is that she "...in name and behalf of...") > > Another question concerns the purpose of Commissary Court records. Who > would have them and who wouldn't. > > I'm having a hard time articulating what I mean and hope someone can educate > me on this matter. Thanks. > > Janet Edgar Taylor > > *********************************************