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Barony of royston Document Transcript

  • 1. Top of Formpaulkayfostermackenziecorp Search this s Bottom of FormBARONY OF ROYSTON PAULM594  HomeBARONY OF ROYSTON  HYPER FUSSIO  2012 6 juneGD305/1/117/452 SCOTTISH RECORD OFFICE  ADAM & EVE19/2/1835  BLOOD LINE JESUSI JOHN HAY MACKENZIE OF CROMARTY ESQUIREONLY SON OF THE HONOURABLE MRS HAY  DALRIADAMACKENZIE AND I THE SAID MRS MARIA MURRAY HAY  EDWARD IIIMACKENZIE CONSIDERING THAT THE DECEASED  VENUS GRID 2012GEORGE VISCOUNT OF TARBAT AFTERWARDS EARL  ALEXANDER MCKENZIEOF CROMARTY BY A DISPOSITION AQND TAILZIE 1825 HERRITABLEDATED THE TWENTY EIGHTHDAY OF NOVEMBER BOND.HTMLSIXTEEN HUNDRED AND EIGHTY EIGHT YEARS  BARONY OF ROYSTONGRANTED AND DISPONED TO SIR JAMES MACKENZIE  BARONY OF ROYSTONOF ROYSTONTHEREIN DESIGNED MR JAMES SECURITYMACKENZIE HIS THIRD LAWFUL SON AND THE HEIRS  CP12488160114MALE LAWFULLY TO BE PROCREATED OF HIS BODY  davinci elsewhereWHOM FAILING TO KENNETH AFTERWARDS SIR  DAVINCI-ELSEWHEREKENNETH MACKENZIE OF GRANDVILLE SECOND  davinci-elsewherLAWFUL SON OF THE SAID VISCOUNT OF TARBAT  MUHAMMAD TO ADAM &AND THE HEIRS MALE LAWFULLY TO BE PROCREATED EVEOF HIS BODY WHOM FAILING TO JOHN MASTER OF  paulm594/rss/versionTARBAT AFTERWARDS EARL OF CROMARTY THEN  PROFILESELDEST SON OF THE SAID VISCOUNT OF TARBATAND  SIR ALEXANDERTHE HEIRS MALE LAWFULLY PRCREATED OR TO BE MACKENZIE OF ROYSTON CROMARTYPROCREATED OF HIS BODY WHOM FAILING TO THE GRANDVILLE TARBATOTHER HEIRS MALE LAWFULLY PROCREATED OR TO BARONETBE PROCREATED OF THE BODY OF THE SAID  TARBAT PARISHVISCOUNT OF TARBAT WHOM FAILING TO ANY OTHER  THE PETITIONERSPERSON OR PERSONS TO BE NOMINATED AND EDINBURGHAPPOINTED BY THE SAID VISCOUNT WHOMFAILING  SitemapTO HIS OWN NEAREST HEIRS MALE WHATSOEVER  Recent site activityWHOM ALL FAILING TO HIS OWN NEAREST HEIRS ANDASSIGNEES WHATSOEVER ALL AND WHOLE THE PAULM594LANDS OF EASTER GRANTOUN AND OTHERS  HomeTHEREIN MENTIONED LYING IN THE SHERIFFDOM OF  HYPER FUSSIOEDINBURGH WHICH WERE UNITED ERECTED AND  2012 6 juneINCOPORATED INTO A FREE BARONY CALLED THE  ADAM & EVEBARONY OF ROYSTON BUT UNDER THE USUAL  BLOOD LINEPROHIBITORY IRRITANT AND RESOLUTE CLAUSES OF JESUSA STRICT ENTAIL AGAINST ALIENATING THE ESTATE  DALRIADACONTRACTING DEBTS THEREUPON ALTERING THE  EDWARD IIIDESTINATION OR OTHERWAYS DEFEATING THE  VENUS GRIDSETTLEMENT UPON WHICH TAILZIE A CHARTER AND 2012INFEFTMENT WERE EXPEDE AND PASSED IN THE  ALEXANDER MCKENZIE
  • 2. YEAR SIXTEEN HUNDRED AND NINETY FOUR THAT 1825 HERRITABLE BOND.HTMLTHE SAID SIR JAMES MACKENZIE WHO WASAFTERWARDS ONE OF THE SENATORS OF THE  BARONY OF ROYSTONCOLLEGE OF JUSTICE BY THE TITLE OF LORD  BARONY OF ROYSTON SECURITYROYSTON DID IN THE YEAR SEVENTEEN HUNDRED  CP12488160114AND THIRTY NINE WITH CONCURENCE OF GEORGE  davinci elsewhereMACKENZIE HIS SON WHO AFTERWARDS  DAVINCI-ELSEWHEREPREDECEASED HIM APPLY FOR AND OBTAIN AN ACT  davinci-elsewherOF PARLIAMENT AUTHORIZING A SALE OF THE SAIDESTATE FOR DISCHARGING DEBTS AFFECTING IT BY  MUHAMMAD TO ADAM & EVEWHICH IT WAS INTER ALIA ENACTED THAT THE  paulm594/rss/versionSURPLUS REMAINING OF THE PRICE AFTER PAYMENT  PROFILESOF THE SAID DEBTS SHOULD BE APPLIED AND  SIR ALEXANDERDISPOSED OF IN THE PURCHASE OF OTHER LANDS MACKENZIE OFAND HERIDITAMENTS IN FEE SIMPLE AND WHICH SAID ROYSTON CROMARTY GRANDVILLE TARBATOTHER LANDS SHOULD IMMEDIATELY AFTER SUCH BARONETPURCHASE BE SETTTLED DISPONED AND  TARBAT PARISHPROVIDEDTO AND FOR THE USE AND BEHOOF OF  THE PETITIONERSTHE SAID SIR JAMES MACKENZIE OF ROYSTON AND EDINBURGHTHE OTHER SURVIVING HEIRS OF ENTAIL ACCORDING  SitemapTO THEIR DIFFERENT RIGHTS AND INTERESTS AND IN  Recent site activityTHE SAME ORDER AND COARSE OF SUCCESSIONSECURED ASCERTAINED AND ESTABLISHED TO ANDFOR THEM RESPECTIVELY AS IN AND BY THE SAIDDEED OF TAILZIE SO FAR AS THE SAME MIGHT BECAPABLE OF TAKING EFFECT WITH THE POWERS ANDSUBJECT TO THE RESTRICTIONS AND LIMITATIONSTHEREIN CONTAINED AND IN THE MEANTIME UNTILSUCH PURCHASE COULD BE MADE THE SAIDRESIDUE OR SURPLUS WAS THEREBY ORDERED TOBE PLACED OUT AT INTEREST UPON REAL OR OTHERSUFFICIENT SECURITY THAT IN PURSUANCE OF THESAID ACT OF PARLIAMENT THE SAID ESTATE OFROYSTON WAS SOLD TO THE NOW DECEASED JOHNDUKE OF ARGYLE WHO PAID THE PRICE THEREOF TOTHE SAID SIR JAMES MACKENZIE THAT THE SAID SIRJAMES MACKENZIE HAVING DIED WITHOUT LEAVINGLAWFUL HEIRS MALE OF HIS BODY THE SURPLUSPRICE OF THE SAID ESTATE AFTER PAYMENT OF THEDEBTS DESCENDED TO SIR GEORGE MACKENZIE OFGRANDVILLE ELDER SON OF SIR KENNETHMACKENZIE THE SECOND SON OF THE ENTAILERWHO WAS ACCORDINGLY UPON THE TWENTIETH DAYOF OCTOBER SEVENTEEN HUNDRED AND FORTY SIXSERVED HEIR OF TILZIE AND PROVISION IN GENERALTO THE SAID SIR JAMES MACKENZIE HIS UNCLE ANDUPON THAT TITLE HE BROUGHT AN ACTION BEFORETHE COURT OF SESSION AGAINST SIR JOHNSTEWART OF GRANDTULLY THE GRANDSON ANDHEIR OF LINE OF THE SAID SIR JAMES MACKENZIE …..AND AGAINST CERTAIN TRUSTEES APPOINTED BYTHE ABOVE MENTIONED ACT OF PARLIAMENT FOR
  • 3. ACCOUNTING TO HIM FOR THE PRICE OF THE SAIDESTATE OF ROYSTON AND SIR GEORGE HAVING DIEDDURING THE DEPENDENCE SIR KENNETH MACKENZIEOF GRANDVILLE HIS BROTHER WAS UPON THEEIGHTH DAY OF NOVEMBER SEVENTEEN HUNDREDAND FIFTY THREE SERVED HEIR OF TAILZIE ANDPROVISION IN GENERAL TO HIM AND AFTERWARDSINSISTED IN THE SAID ACTION WHICH WAS FINALLYCLOSED BY A DECREE BEARING SUNDRY DATES ANDTHE LAST OF WHICH IS THE TWENTY SIXTH DAY OFJANUARY SEVENTEEN HUNDRED AND FIFTY EIGHTYEARS WHEREBY THE LORDS FOUND INTER ALIATHAT AFTER DEDUCTION ALLOWANCE OF THE DEBTSMENTIONED IN THE DECREE THERE REMAINED AFREE RESIDUE OF THE PRICE OF THE SAID ENTAILEDESTATE AMOUNTING TO FOUR THOUSAND EIGHTHUNDRED AND THIRTEEN POUNDS SEVENTEENSHILLINGS AND NINE PENCE ONE THIRD OF A PENNYSTERLING AND FOUND THAT THE SAID RESIDUE ORSURPLUS OF THE SAID PRICE MUST BE LAID OUT ANDEMPLOYED FOR THE USE AND BEHOOF OF THE SAMEPERSONS AND IN LIKE MANNER IN ALL RESPECTS ASTHE ENTAILED ESTATE OF ROYSTON WAS SETTLEDBY THE SAID DEED OF ENTAIL AND PURSUANT TO THEDIRECTION OF THE SAID ACT AUTHORIZING THE SALETHERE OF AND DECERNED AND ORDAINED THE SAIDSIR JOHN STEWART AS REPRESENTING THE SAID SIRJAMES MACKENZIE HIS GRANDFATHER ON THEPASSIVE TITLES TO MAKE PAYMENT OF THE SAID SUMOF FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEEN SHILLINGS ANDNINEPENCE ONE THIRD OF A PENNY STERLING TO BEACCORDINGLY LAID OUT AND EMPLOYED INCONFORMITY TO THE SAID DEED OF ENTAIL AND THEDIRECTION OF THE SAID ACT OF PARLIAMENT AT THESIGHT AND BY THE APPROBATION OF THE COURT OFSESSION THAT THE SAID SIR KENNETH MACKENZIEOF GRANDVILLE HAVING DIED SOON AFTER THEDECREE ABOVE MENTIONED WAS PRONOUNCEDWITHOUT MALE ISSUE THE SUCCESSION TO THE SAIDRESIDUE OF THE PRICE OF THE ESTATE OF ROYSTONOPENED TO AND DEVOLVED UPON OUR SOVEREIGNLORD THE KING AS IN RIGHT OF JOHN MACKENZIECOMMONLY CALLED LORD MCLEOD ANDCASTLEHAVEN THE ELDEST SON OF GEORGE EARLOF CROMARTY WHO WAS THE ELDEST SON AND HEIRMALE OF THE BODY OF JOHN MASTER OF TARBATTHE SUBSTITUTE SECOND IN ORDER IN THE TAILZIEABOVE MENTIONED AND THAT THROUGH THEATTAINER OF THE SAID EARL OF HIGH TREASON ANDRIGHT OF THE SAID RESIDUE DID REMAIN SOINVESTEDIN THE CROWN UNTIL BY THE DEATH OF
  • 4. THE SAID JOHN MACKENZIE COMMONLY CALLEDLORD MCLEOD AND CASTLEHAVEN IN THE YEARSEVENTEEN HUNDRED AND EIGHTY NINE THEATTAINED BLOOD OF THE SAID GEORGE EARL OFCROMARTY BECAME EXTINCT THAT UPON THEDEVOLUTION OF THE RIGHT OF THE CROWN UPONLORD MCLEOD DEATH THE SUCCESSSION TO THESAID RESIDUE OF THE PRICE OF THE PRICE OF THEESTATE OF ROYSTON OPENED TO THE DECEASEDKENNETH MACKENZIE OF CROMARTY AS THEN HEIRMALE OF JOHN MASTER OF TARBAT BEING THEELDEST SON OF RODERICK MACKENZIE WHO WASSECOND SON OF THE SAID JOHN MASTER OF TARBATTHAT THE SAID KENNETH MACKENZIE WHO WASALSO HEIR OF TAILZIE AND PROVISION OF LORDMCLEOD IN THE ESTATE OF CROMARTY HAVINGRAISED AND PURSUED AN ACTION AT HIS INSTANCEIN THE COURT OF SESSION AGAINST ARCHIBALDLORD DOUGLAS DAME ISABELLA STEWART ORHENDERSON RELICT OF THE DECEASED SIR ROBERTHENDERSON OF FORDEL BARONET AND SIR JOHNHENDERSON OF FORDEL BARONET SIR JOHNSTEWART OF GRANTULLY BARONET AND THEOFFICERS OF STATE FOR HIS MAJESTIES INTERESTSFOR ASCERTAINING HIS RIGHT TO AND RECORDINGPAYMENT OF THE SAID RESIDUE THE LORDS OFCOUNCIL AND SESSION BY THEIR FINAL DECREE OFVARIOUS DATES THE LAST OF WHICH IS THEELEVENTH DAY OF JULY SEVENTEEN HUNDRED ANDNINETY FIVE INTER ALIA DECERNED AND ORDAINEDTHE SAID SIR JOHN STEWART DEFENDER IN THE SAIDACTION TO MAKE PAYMENT TO THE SAID KENNETHMACKENZIE OF THE AFORESAID SUM OF FOURTHOUSAND EIGHT HUNDRED AND THIRTEEN POUNDSSEVENTEEN SHILLINGS AND NINE PENCE ONE THIRDOF A PENNY STERLING WITH INTEREST AS THERINMENTIONED IN ORDER THAT THE SAME MIGHT BEPAID INTO EXCHEQUER TO ACCOUNT OF THE SUMDUE TO GOVERNMENT BY THE ESTATE OF CROMARTYUPON AN ASSIGNATION OF THE SUM SO PAID TO BEGRANTED TO THE SAID KENNETH MACKENZIE ANDTHE HEIRS MALE OF HIS BODY WHOM FAILING TO THEOTHER HEIRS OF ENTAIL OF THE SAID ESTATE OFROYSTONTHAT THE SAID SUM OF FOUR THOUSANDEIGHT HUNDRED AND THIRTEEN POUNDSSEVENTEEN SHILLINGS AND NINEPENCE ONE THIRDOF A PENNY STERLING WAS ACCORDINGLY PAID INTOEXCHEQUER ON THE EIGHTEENTHDAY OFSEPTEMBER SEVENTEEN HUNDRED AND NINTY FIVETO ACCOUNT OF THE SAID DEBT DUE TO THEGOVERNMENT OUT OF THE ESTATE OF CROMARTYAND A RECEIPT WAS GRANTED THEREFOR BY THE
  • 5. DEPUTY KINGS REMEMBRANCES TO THE SAID JOHNSTEWART BUT IN ASSIGNATION HAS EVER BEENGRANTED OF THE SAID DEBT DUE BY THE ESTATE OFCROMARTY TO GOVERNMENT IN FAVOUR OF THEHEIRS OF ENTAIL OF THE ESTATE OF ROYSTON THATUPON THE DEATH OF THE SAID KENNETH MACKENZIEWITHOUT MALE ISSUE THE SUCCESSION TO THE SAIDRESIDUE OPENED TO AND DEVOLVED UPON THENOW DECEASED COLONEL ROBERT MACKENZIESOMETIME OF THE SERVICE OF THE HONOURABLETHE EAST INDIA COMPANY WHO WAS SERVED ANDRETOURED HEIR MALE OF THE SAID GEORGEVISCOUNT OF TARBAT AFTERWARDS EARL OFCROMARTY THE MAKER OF THE TAILZIE THE SAIDCOLONEL ROBERT MACKENZIE BEING GREATGRANDSON OF ALEXANDER MACKENZIE BROTHEROF THAT NOBLE EARL THAT THE SAID COLONELROBERT MACKENZIE INSTITUTED AN ACTION IN THECOURT OF SESSION AT HIS INSTANCE AS HEIR OFENTAIL FORESAID AGAINST THE RIGHT HONOURABLELADY ELIBANK AS HEIRS OF ENTAIL OF THE ESTATEOF CROMARTY WHO SUCCEEDED TO THE SAIDKENNETH MACKENZIE THEREIN BY VIRTUE OF LORDMACLEODS ENTAIL AND AGAINST MRS JANE PETLEYRELICT AND EXECUTRIX OF THE SAID KENNETHMACKENZIE OF CROMARTY FOR CONSTITUTING THESAID SUM OF FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEEN SHILLINGS ANDNINEPENCE ONE THIRD OF A PENNY STERLING AS ADEBT EITHER AGAINST THE ESTATE OF CROMARTYOR AGAINST THE EXECUTRY OF THE SAID KENNETHMACKENZIE WHICH ACTION AFTER HAVING FALLENASLEEP WAS WAKENED AND TRANSFERED AT THEINSTANCE OF THE SAID COLONEL ROBERTMACKENZIEAGAINST ME THE SAID MRS MARIAMURRAY HAY MACKENZIE AND THE NOW DECEASEDEDWARD HAY MACKENZIE OF CROMARTY ANDNEWHALL MY HUSBAND I THE SAID MRS MARIAMURRAY HAY MACKENZIE HAVING ON THE DEATH OFTHE SAID LADY ELIBANK SUCCEEDED TO THE ESTATEOF CROMARTY THAT DURING THE DEPENDENCE OFTHE SAID ACTION BETWIX COLONEL ROBERTMACKENZIE AND THE REPRESENTATIVES OF THE SAIDKENNETH MACKENZIE AN ACTION OF MULTIPLEPOINDING WAS RAISED AND INSISTED IN AT THEINSTANCE OF JAMES LORD FORBES FOR HAVING ITASCERTAINED WHO WAS IN RIGHT OF THE SUM OFONE THOUSAND TWO HUNDRED POUNDS STERLINGSTIPULATED TO BE PAID BY THE DECEASED JAMESLORD FORBES FATHER OF HIM THE SAID JAMES LORDFORBES TO THE SAID JOHN LORD MACLEOD AS APORTION WITH MISS FORBES DAUGHTER OF THE
  • 6. SAID DECEASED JAMES LORD FORBES SOMETIMELADY MCLEOD AND THEREAFTER DUCHESS OFATHOL IN WHICH ACTION APPEARANCE WAS MADEFOR THE SAID MRS JEAN PETLEY THEREAFTER MRSMACLEOD OF GEANIES CLAIMING THE FUND INMEDIO AS EXECTRIX OF THE SAID KENNETHMACKENZIE OF CROMARTY WHO WAS GENERALDISPONEE OF THE WHOLE PERSONAL ESTATE THATBELONGED TO THE SAID JOHN LORD MACLEOD ANDAPPEARANCE WAS ALSO MADE FOR ME THE SAIDMRS MARIA MURRAY HAY MACKENZIE OF CROMARTYCLAIMING THAT THE SAID SUM OF ONE THOUSANDTWO HUNDRED POUNDS SHOULD BE APPLIEDTOWARDS EXTINCTION OF THE DEBT SUED FOR BYTHE SAID COLONEL ROBERT MACKENZIE ASAFFECTING THE ESTATE OF CROMARTY THE SAIDKENNETH MACKENZIE HAVING BEEN BY THE TERMSOF JOHN LORD MACLEODS SETTLEMENT BOUND TOPAY OFF ALL THE DEBTS AFFECTING THAT ESTATEAND AFTER A VARIETY OF PROCEDURE IN SAIDACTION OF MULTI-POINDING THE LORD BALMUTOORDINARY BY INTERLOCTOR DATED THE SEVENTHDAY OF MARCH EIGHTEEN HUNDRED AND SEVENINTER ALIA ORDAINED THE SAID MARIA MURRAY HAYMACKENZIE TO CALL THE HEIR OF ENTAIL OF THEESTATE OF ROYSTON AS A PARTY TO THE SAIDPROCESS TO APPEAR FOR HIS INTEREST THATACCORDINGLY THE SAID COLONEL ROBERTMACKENZIE WAS CITED AS A PARTY TO THE SAIDPROCESS OF MULTI-POINDING AND THE PROCESS OFCONSTITUTION AT HIS INSTANCE HAVING BEENREMITTED TO THE SAID PROCESS OF MULTI-POINDING AND CONJOINED THEREWITH THE SAIDLORD BALMUTO ORDINARY PRONOUNCED A FINALINTERLOCTOR IN THE CONJOINED ACTIONS UPONTHE EIGHTH DAY OF FEBRUARY EIGHTEEN HUNDREDAND NINE FINDING THAT THE ESTATE OF CROMARTYWAS RESTORED TO THE LATE LORD MCLEOD UNDERTHE CONDITION OF PAYING THE DEBT DUE THEREONAND PARTICULARY A DEBT OF NINETEEN THOUSANDPOUNDS THEN DUE TO THE CROWN AND THAT LORDMACLEOD AFTER PAYING A CONSIDERABLE PART OFTHE SAID DEBT EXECUTED AN ENTAIL OF THE SAIDESTATE OF CROMARTY THAT THE ESTATE OFROYSTON WAS SOLD UNDER THE AUTHORITY OF ANACT OF PARLIAMENT OBTAINED IN SEVENTEENHUNDRED AND THIRTY NINE AND IT WASAFTERWARDS ASCERTAINED BY A DECREE OFCOURT IN SEVENTEEN HUNDRED AND FIFTY EIGHTTHAT THE REVERSION OF THE PRICE OF THAT ESTATEWAS FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEEN SHILLINGS AND
  • 7. NINEPENCE ONE THIRD OF A PENNY STERLING ANDFELL TO BE LAID OUT IN TERMS OF SAID ACT OFPARLIAMENT FOR THE BENIFIT OF THE HEIRS OFENTAIL CALLED TO THE SUCCESSION OF THE ESTATEOF ROYSTON AND UNDER THE CONDITIONS OF THATENTAIL THAT LORD MACLEOD WAS AN HEIR OFENTAIL OF ROYSTON AND APON HIS DEATH HE WASSUCCEEDED BY THE LATE KENNETH MACKENZIEWHO TOOK UP THE ESTATE OF CROMARTY UNDERTHE ENTAIL EXECUTED BY LORD MACLEOD ANDALSO ENJOYED DURING EXECUTED BY LORDMACLEOD AND ALSO ENJOYED DURING HIS LIFE THEINTEREST OF THE DEBT OF FOUR THOUSAND EIGHTHUNDRED AND THIRTEEN POUNDS SEVENTEENSHILLINGS AND NINEPENCE ONE THIRD OF A PENNYSTERLING AS AN HEIR OF ENTAIL OF THE ESTATE OFROYSTON THAT WHILE THE SAID KENNETHMACKENZIE ENJOYED BOTH ESTATE HE OBTAINED ADECREE OF COURT AGAINST SIR JOHN STEWART OFGRANDTULLY BARONET IN WHOSE HANDS THE SAIDSUM OF FOUR THOUSAND EIGHT HUNDRED ANDTHIRTEEN POUNDS SEVENTEEN SHILLINGS ANDNINEPENCE ONE THIRD OF A PENNY STERLING LAYAT INTEREST DECERNING HIM TO MAKE PAYMENT OFTHAT SUM INTO EXCHEQUER TO ACCOUNT OF THEDEBT DUE TO GOVERNMENT OUT OF THE ESTATE OFCROMARTY AND UPON AN ASSIGNATION TO BEGRANTED OF THAT DEBT TO THAT EXTENT AND THATTHE SAID SUM OF FOUR THOUSAND EIGHT HUNDREDAND THIRTEEN POUNDS SEVENTEEN SHILLINGS ANDNINEPENCE ONE THIRD OF A PENNY STERLING WASACCORDINGLY PAID INTO EXCHEQUER ON THEEIGHTEENTH DAY OF SEPTEMBER SEVENTEENHUNDRED AND NINETY FIVE AND WHICH WITH AFURTHER SUM PAID BY THE SAID KENNETHMACKENZIE WAS IN FULL OF THE DEBT DUE TO THECROWN BUT NO ASSIGNATION IN FAVOUR OF THEROYSTON HEIRS OF ENTAIL HAD THEN PROCUREDTHEREFOR THAT THE SAID SUM BEING SO PAID INCONFORMITY TO THE DECREE OF COURT UPON THESECURITY OF A DEBT AFFECTING THE WHOLE OFTHE ESTATE OF CROMARTY BOTH BY THE TERMS OFTHE GRANT FROM THE CROWN RESTORING THEESTATE AND AS BEING A DEBT OWING BY THE LATELORD MACLEOD THE MAKER OF THE ENTAIL ANDALSO BY KENNETH MACKENZIE THE NEXTSUCCEEDING HEIR THE SAID SUM OF FOURTHOUSAND EIGHT HUNDRED AND THIRTEEN POUNDSSEVENTEEN SHILLINGS AND NINEPENCE ONE THIRDOF A PENNY WITH THE INTEREST THEREOF FROMTHE SAID EIGHTEENTH DAY OF SEPTEMBERSEVENTEEN HUNDRED AND NINETY FIVE IN SO FAR
  • 8. AS THE SAID INTEREST IS NOT PAID IS SUBSISTINGAND PREFERABLE DEBT UPON THE ENTAILED LANDSAND ESTATE OF CROMARTY DUE TO THE SAIDCOLONEL ROBERT MACKENZIE AND THE OTHERHEIRS CALLED TO THE SUCCESSION OF THE ESTATEOF ROYSTON BUT UNDER THE CONDITIONS OF THEENTAIL OF THAT ESTATE AND OF THE AFORESAID ACTOF PARLIAMENT AND THAT THE SAID MRS MARIAMACKENZIE THE THEN HEIR OF ENTAIL OF THEESTATE OF CROMARTY AND THE SUBSEQUENT HEIRSOF ENTAIL OF THAT ESTATE WERE LIABLE TO HIM THESAID COLONEL ROBERT MACKENZIE AND THE OTHERHEIRS OF ENTAIL OF ROYSTON ACCORDING TO THEIRINTEREST FOR PAYMENT OF THE SAID PRINCIPALSUM AND INTEREST DUE AND TO BECOME DUETHEREON AND DECERNED ACCORDINGLY WITHOUTPREJUDICE TO THE SAID COLONEL ROBERTMACKENZIE OR OTHER HEIRS OF ENTAIL OFROYSTON TAKING SUCH STEPS AS THEY MIGHT BEADVISED FOR OBTAINING A MORE FORMAL SECURITYOR DECLARATION OF THEIR RIGHT AND ALSOWITHOUT PREJUDICE TO THE SAID MRS MARIAMACKENZIE OR THE OTHER HEIRS OF ENTAIL OFCROMARTY OBTAINING SUCH RELIEF FROM THEREPRESENTATION OF THE SAID KENNETHMACKENZIE OR OTHERS AS MIGHT BE COMPETENTAND IN PROCESS OF MULTIPLE POINDING FOUNDTHAT THE SUM OF ONE THOUSAND TWO HUNDREDPOUNDS IN THE HANDS OF LORD FORBES WITH THEINTEREST DUE THEREON WAS A DEBT DUE BY THELATE LORD FORBES TO THE LATE LORD MCLEODAND THAT IT WAS STATED AND NOT DENIED BY THEDEED OF SETTLEMENT EXECUTED BY LORDMACLEOD IN FAVOUR OF THE SAID KENNETHMACKENZIE HIS LORDSHIP APPOINTED THE WHOLEOF HIS MOVEABLE ESTATE TO BE APPLIED INPAYMENT OF THE DEBTS OWING BY HIM ANDPARTICULARLY IN EXTINCTION OF THE DEBT OFFOUR THOUSAND EIGHT HUNDRED AND EIGHTEENPOUNDS SIXTEEN SHILLINGS AND TWOPENCEELEVEN TWELFTHS OF A PENNY STERLINGAFFECTING THE ESTATE BEFORE MENTIONED ANDTHEREFOR FOUND THAT THE SAID SUM OF ONETHOUSAND TWO HUNDRED POUNDS AND INTERESTTHEREOF AFTER DEDUCTION OF EXPENSES ASTHEREIN MENTIONED MUST BE APPLIED INEXTINCTION PRO TANTO OF THE DEBT DUE UPONTHE ESTATE OF CROMARTY TO THE HEIR UNDER THEROYSTON ENTAIL THAT THEREAFTER THE SUM DUEBY LORD FORBES APPLICABLE TO THE EXTINCTIONOF THE SAID DEBT ON THE ESTATE OF CROMARTYWAS ASCERTAINED TO BE ONE THOUSAND FOUR
  • 9. HUNDRED AND NINETY FOUR POUNDS SEVENTEENSHILLINGS AND FOURPENCE SO THAT THEREREMAINED A BALANCE OF THREE THOUSAND THREEHUNDRED AND NINETEEN POUNDS AND FIVE PENCEONE THIRD OF A PENNY STERLING OF THEREVERSION OF THE PRICE OF THAT ESTATE AS ASUBSISTING AND PREFERABLE DEBT ON THE ESTATEOF CROMARTY THAT ON THE DEATH OF THE SAIDCOLONEL ROBERTMACKENZIE THE RIGHT TO THESAID RESIDUE OF THE PRICE OF THE ESTATE OFROYSTON DEVOLVED APON HIS SON ALEXANDERNOW SIR ALEXANDER MACKENZIE OF TARBATBARONET IN THE SERVICE OF THE HONOURABLEEAST INDIA COMPANY WHO ACCORDINGLY EXPEDE ASERVICE AS HEIR MALE OF TALZIE AND PROVISION TOHIS SAID FATHER UNDER THE SAID TAILZIE EXECUTEDBY GEORGE VISCOUNT OF TARBAT AFTERWARDSEARL OF CROMARTY AS HIS TITLE TO THE SAIDRESIDUE CONFORM TO THE RETOUR OF HIS SERVICEDATEDTHE…………………………………………………………………………………….… AND THAT FOR THE SAID BALANCE OF THREETHOUSAND THREE HUNDRED AND NINETEENPOUNDS AND FIVEPENCE ONE THIRD OF A PENNYSTERLING THE SAID SIR ALEXANDER MACKENZIE IS INTERMS OF THE INTERLOCTOR BEFOREMENTIONEDENTITLED TO OBTAIN FROM THE HEIR OF ENTAILPRESENTLY IN POSSESSION OF THE ESTATE OFCROMARTY A FORMAL SECURITY OVER THATENTAILED ESTATE THEREFOR WILL YE US THE SAIDJOHN HAY MACKENZIE AND MRS MARIA MURRAY HAYMACKENZIE TO HAVE CONFESSED AND DECLAREDAS WE DO HEREBY ACKNOWLEDGE CONFESS ANDDECLARE OURSELVES AND THE HEIRS OF TAILZIESUCCEEDING TO US IN THE SAID LANDS AND ESTATEOF CROMARTY TO BE JUSTLY ADDEBTED ANDRESTING OWING TO THE SAID SIR ALEXANDERMACKENZIE AND THE OTHER HEIRS OF ENTAIL OFROYSTON AS AFTERMENTIONED THE SAID PRINCIPALSUM OF THREE THOUSAND THREE HUNDRED ANDNINETEEN POUNDS AND FIVEPENCE ONE THIRD OF APENNY STERLING WITH THE LAWFUL INTERESTTHEREOF FROM AND SINCE THE TERM OFWHITSUNDAY LAST EIGHTEEN HUNDRED AND THIRTYFOUR THE INTEREST THEREOF TO THAT TERMHAVING BEEN PAID WHICH PRINCIPAL SUM OF THREETHOUSAND THREE HUNDRED AND NINETEENPOUNDS AND FIVEPENCE ONE THIRD OF A PENNYSTERLING WE DO HEREBY BIND AND OBLIGEOURSELVES JOINTLY AND SEVERALLY AND THEHEIRS OF TAILZIE SUCCEEDING TO US IN THE LANDS
  • 10. AND ESTATE OF CROMARTY TO CONTENT AND PAY ATTHE SIGHT OF THE RIGHT HONOURABLE THE LORDSOF COUNCIL AND SESSION FOR THE PURPOSE OFBEING REINVESTED WITH THEIR APPROBATION INTERMS OF THE FORESAID TAILZIE OF THE ESTATE OFROYSTON ACT OF PARLIAMENT AND INTERLOCTOROR DECREET OF THE COURT OF SESSION TO THESAID ALEXANDER MACKENZIE WHOMFAILING TO THENEAREST HEIR MALE WHATSOEVER OF THE SAIDGEORGE VISCOUNT OF TARBAT AFTERWARDS EARLOF CROMARTY WHOM FAILING TO THE NEARESTHEIRS AND ASSIGNEES WHATSOEVER OF THE SAIDGEORGE VISCOUNT OF TARBAT AFTERWARDS EARLOF CROMARTY AND THAT AT AND AGAINST THE TERMOF WHITSUNDAY NEXT EIGHTEEN HUNDRED ANDTHIRTY FIVE WITH ONE FIFTH PART MORE OFLIQUIDATE PENALTY IN CASE OF FAILURE AND WEALSO BIND AND OBLIGE OURSELVES JOINTLY ANDSEVERALLY AND THE HEIRS SUCCEEDING TO US INTHE SAID LANDS AND ESTATE OF CROMARTY TOCONTEND AND PAY TO THE SAID SIR ALEXANDERMACKENZIE WHOMFAILING TO THE HEIRS MALEWHATSOEVER OF THE SAID GEORGE VISCOUNT OFTARBAT AFTERWARDS EARL OF CROMARTY WHOMFAILING TO THE NEAREST HEIRS AND ASSIGNEESWHATSOEVER OF THE SAID GEORGE VISCOUNT OFTARBAT AFTERWARDS EARL OF CROMARTY THELEGAL INTEREST OF THE SAID PRINCIPAL SUM OFTHREE THOUSAND THREE HUNDRED AND NINETEENPOUNDS AND FIVEPENCE ONE THIRD OF A PENNYSTERLING FROM THE SAID TERM OF WHITSUNDAYLAST TO THE SAID TERM OF PAYMENT OF THEPRINCIPAL SUM AND THEREAFTER SO LONG AS THESAID PRINCIPAL SUM REMAINS UNPAID AT TWOTERMS IN THE YEAR WHITSUNDAY AND MARTINMASBY EQUAL PORTIONS BEGINNING THE FIRST TERMSPAYMENT OF THE SAID INTEREST AT THE TERM OFMARTINMAS LAST AND THE NEXT TERM PAYMENTTHEREOF AT THE TERM OF WHITSUNDAY EIGHTEENHUNDRED AND THIRTY FIVE AND SO FORTH HALFYEARLY AT THE SAID TERMS DURING THE NOTPAYMENT OF THE PRINCIPAL SUM AND THAT ATEDINBURGH IN THE OFFICE OF THE BANK OFSCOTLAND WITH ONE FIFTH PART MORE OF THE SAIDINTEREST OF LIQUIDATE PENALTY FOR EACH TERM INPAYMENT OF THE SAID INTEREST AT THE TERMSABOVE MENTIONED BUT THESE PRESENTS AREGRANTED WITH AND UNDER THE DECLARATIONALWAYS THAT NOTHING HEREIN CONTAINED SHALLPREJUDICE THE RIGHT OF THE SAID SIR ALEXANDERMACKENZIE OR THE OTHER HEIRS OF ENTAIL OFROYSTON TAKING SUCH STEPS AS THEY MAY BE
  • 11. ADVISED FOR OBTAINING A MORE FORMAL SECURITYOR DECLARATION OF THERE RIGHT NOR SHALL THEGRANTING OF THESE PRESENTS PREJUDICES US ORTHE OTHER HEIRS OF ENTAIL OF CROMARTYOBTAINING SUCH RELIEF FROM THEREPRESENTATIVES OF THE SAID KENNETHMACKENZIE OR OTHERS AS MAY BE COMPETENT ANDWE CONSENT TO THE REGISTRATION HEREOF IN THEBOOKS OF COUNCIL AND SESSION OR ANY OTHERSCOMPETENT THEREIN TO REMAIN FORPRESENTATION AND IF NEEDFUL TO HAVE A DECREEINTERPONED HERETO THAT LETTERS OF HORNINGON SIX DAYS CHARGE AND ALL OTHER NECESSARYEXECUTION MAY PASS THEREAPON IN FORM ASOFFERS AND TO THAT EFFECT WE CONSTITUTE OURPROCURATORS IN WITNESS WHEREOF THESEPRESENTS WRITTEN UPON THIS AND THE TENPRECEEDING PAGES OF STAMPED PAPER BY GEORGELIVINGSTON CLERK TO JOSEPH GORDON WRITER TOTHE SIGNET AND ALEXANDER STUART CIRCUITCLERK OF JUSTICIARY CARRYING ON BUSINESSUNDER THE FIRM OF GORDON AND STUART ARESUBSCRIBED BY US AS FOLLOWS VIZ BY ME THE SAIDJOHN HAY MACKENZIE AT EDINBURGH THENINETEENTH DAY OF FEBRUARY ONE THOUSANDEIGHT HUNDRED AND THIRTY FIVE YEARS BEFORETHESE WITNESSES JAMES THOMSON GIBSON CRAIGAND JAMES MONCRIEFF MELVILLE WRITERS TO THESIGNET AND BY ME THE SAID MRS MARIA MURRAY HAYMACKENZIE AT EDINBURGH THE EIGHTEENTH DAY OFMARCH AND YEAR AFORESAID BEFORE THESEWITNESSES THE SAID JAMES MONCRIEFF MELVILLECHARLES HENRY BENNET MY SERVANT THE WORDNEXT ON THE FORTY FIRST LINE FROM THE TOP OFTHE PAGE TENTH HEREOF BEING DELETED AND THEWORD LAST BEING SUPERINDUCED ANDSUBSTITUTED FOR IT BEFORE SIGNING HAYMACKENZIE JAMES M MELVILLE WITNESSMARIA HAYMACKENZIE CHARLES BENNET WITNESSAttachments (1) GD305 1 117 452.docx - on 23 May 2011 08:04 by PAUL KAY FOSTER MACKENZIE(version 1)150k View DownloadComments_displayNameOrEmail_ - _time_ - Remove_text_ Sign in | Recent Site Activity | Terms | Report Abuse | Print page | Powered by Google Sites