1. PAULM594 rd 3.331.831. factory
ROBERT MCKENZIESOMETIMES IN THE SERVICE OF THE HONOURABLE EAST
INDIA COMPANY AND CAPTAIN GEORGE SACKVILLE SUTHERLAND RESIDING
AT RHIVES WHEREAS THE SAID DECEASED COLONEL ROBERT MCKENZIE
BY DISPOSITION AND DEED OF SETTLEMENT BEARING DATE THE TWENTY
SIXTH DAY OF NOVEMBER EIGHTEEN HUNDRED AND TWO YEARS AND
RECORDED IN THE BOOKS OF COUNCIL AND SESSION ( OFFICE W.B. )
THE THIRTIETH DAY OF JULY EIGHTEEN HUNDRED AND NINE GAVE
GRANTED AND DISPONED TO AND IN FAVOUR OF ALEXANDER
MACKENZIE HIS ELDEST LAWFUL SON WHOMFAILING AS THEREIN
MENTIONED UNDER THE CONDITIONS AND WITH THE PROVISIONS
THEREIN EXPRESSED ALL ESTATE AND EFFECTS REAL PERSONAL
HERITABLE AND MOVEABLE THAT SHOULD PERTAIN AND BELONG
TO HIM AT THE TIME OF HIS DEATH AND HE NOMINATED AND
APPOINTED THE SAID ALEXANDER MACKENZIE WHOM FAILING
THE PERSONS THEREIN MENTIONED TO BE HIS SOLE EXECUTORS
AND MOREOVER AS HE JUDGED IT PRUDENT TO NAME TUTORS
AND CURATORS TO THE SAID ALEXANDER MACKENZIE HIS SON
AND TO ANY OTHER CHILD OR CHILDREN WHO MIGHT BE
PROCREATED OF THE MARRIAGE TWIXT HIM AND ME THE SAID
MRS KATHERINE MACKENZIE AND HAVING ENTIRE CONFIDENCE
IN US THE SAID MRS KATHARINE MACKENZIE AND GEORGE SACKVILLE
SUTHERLAND AND IN COLONEL LEWIS GRANT OF ACHAIRNOCH
LATE IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY
CAPTAIN CHARLES GRANT IN THE SERVICE OF THE HONOURABLE
EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT

2. COLONEL WILLIAM DUNCAN IN THE SERVICE OF THE HONOURABLE
EAST INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICE
OF THE SAID COMPANY AND SOMETIME AID DE CAMP TO THE
MARQUIS WELLESBY AND COLIN MACKENZIE WRITER TO THE SIGNET
ONE OF THE PRINCIPAL CLERKS OF SESION HE THEREFOR
NOMINATED AND APPOINTED US AND THE SAID LEWIS GRANT
CHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLIN
MACKENZIE AND THE ACCEPTING SURVIVORS OR SURVIVOR
OF US AND THEM TO BE TUTORS AND CURATORS TO THE SAID
ALEXANDER MACKENZIE HIS SON AND TO SUCH OTHER CHILD
OR CHILDREN AS MIGHT BE PROCREATED OF THE SAID MARRIAGE
OF THE SAID ALEXANDER MACKENZIE AND FOR US AND IN OUR
NAMES AS TUTORS AS AFORESAID TO INTROMET WITH AND
ENTER ON THE POSSESSION AND MANAGEMENT OF THE
WHOLE ESTATE AND EFFECTS REAL AND PERSONAL HERITABLE
AND MOVEABLE OF EVERY DENOMINATION AND WHERESOEVER
SITUATED WHICH PERTAINED TO THE SAID DECEASED COLONEL
ROBERT MACKENZIE AND TO WHICH THE SAID ALEXANDER MACKENZIE
HAS NOW RIGHT IN VIRTUE OF THE GENERAL DISPOSITION ABOVE
NARRATED TO SUE FOR UPLIFT AND RECOVER ALL ADDEBTED
TO THE SAID DECEASED COLONEL ROBERT MCKENZIE AND ON
PAYMENT TO GRANT RECEIPTS AND DISCHARGES FOR THE SAME
WHICH SHALL BE AS VALID AND EFFECTUAL TO THE RECEIVERS
IF GRANTED BY US TO SETTLE COMPOUND AND TRANSACT FOR ALL
DEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THE ESTATE
OF THE DECEASED COLONEL ROBERT MACKENZIE FOR WHICH THE
SAID ALEXANDER MACKENZIE MAY ANYWAYS BE LIABLE
AS REPRESENTING HIM AND TO PURSUE AND DEFENDABLE ACTION
AT LAW THAT MAY BE NECESSARY FOR ASCERTAINING THE
AMOUNTS OF THE SAID DEBTS AND SUMS OF MONEY DUE TO THE SAID

3. DECEASED COLONEL ROBERT MACKENZIE AS WELL AS THE SUMS
DUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER INTO
GENERAL OR PARTICULAR SUBMISSIONS IN REGARDS TO SUCH DEBTS
CLAIMS AND DEMANDS BINDING AND OBLIGING US AND THE SAID
ALEXANDER MACKENZIE TO ABIDE BY AND IMPLEMENT AND FULFILL
OUR PART OF THE AMICABLE DECISIONS AND DECREETS ARBITRAL
TO BE PRONOUNCED IN SUCH SUBMISSIONS AND GENERALLY
WITH FULL POWER TO OUR SAID FACTOR TO DO EVERY OTHER
THING FOR EFFECTING A SPEEDY AND DISTINCT ARRANGEMENT
OF THE AFFAIRS OF THE SAID DECEASED COLONEL ROBERT
MACKENZIE AND BRINGING HIS ESTATE AND EFFECTS TO THE
BEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDER MACKENZIE
AND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DO OURSELVES
AS TUTORS NOMINATE OR THAT IT IS LEGALLY COMPETENT FOR
MARRIAGE DURING THE WHOLE PERIOD OF THEIR RESPECTIVE
PUPILARITIES AND MINORITIES DECLARING THAT THE MAJORITY
OF THE PERSONS THEREIN AND ABOVE NAMED ACCEPTING AND ALIVE
AT THE TIME OR ANY ONE OF THEM ACCEPTING AND SURVIVING THE REST
SHOULD BE A QUORUM AND WHEREEAS THE SAID LEWIS GRANT
CHARLES GRANT WILLIAM DUNCAN HENRY WHITE AND COLIN MCKENZIE
HAVE DECLINED TO ACCEPT OR ACT UNDER THE NOMINATION OF
TUTORS AND CURATORS ABOVE NARRATED SO THAT WE THE SAID
MRS KATHARINE MACKENZIE AND GEORGE SACKVILLE SUTHERLAND
ARE THE ONLY ACCEPTING TUTORS NOMINATED OF THE SAID
ALEXANDER MACKENZIE AND OF ELIZABETH BAILLIE MACKENZIE
MARGARET SUTHERLAND MACKENZIE AND JAMES
SUTHERLAND MACKENZIE THE YOUNGER CHILDREN OF THE SAID
COLONEL ROBERT MACKENZIE PROCREATED OF HIS SAID MARRIAGE
ALL OF WHOM ARE MINORS WITHIN THE YEARS OF PUPILLARITY AND
ON ENTERING ON THE ADMINISTRATION AND MANAGEMENT OF THE ESTATE

4. WHICH PERTAINED TO THE SAID COLONEL ROBERT MACKENZIE
FOR BEHOOF OF OUR SAID PUPILS TUTORS FORESAID WE FIND IT NECESSARY
FOR THE PURPOSE OF SPEADILY AND EFFECTING EXTRICATINGTHE SAME
BY PAYMENT OF THE DEBTS DUE BY THE SAID DECEASED COLONEL
ROBERT MACKENZIE AND INVESTING THE RESIDUE OF THE SAID ESTATE
IN THE MANNER MOST BENEFICIAL FOR OUR SAID PUPILS AND ALL
OTHERS CONCERNED TO APPOINT A FIT PERSON TO BE OUR AGENT AND
FACTOR WITH POWERS TO BE OUR AGENT AND FACTOR WITH POWERS
TO INTROMIT WITH THE SAME ESTATE AND EFFECTS FOR US AND IN OUR
NAMES AS TUTORS FORESAID AND HAVING ENTIRE CONFIDENCE
IN THE CAPACITY AND INTEGRITY OF JOSEPH GORDON WRITER
TO THE SIGNET THEREFOR WE HAVE NOMINATED CONSTITUTED
AND APPOINTED US WE DO HEREBY NOMINATED CONSTITUTE AND
APPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT AND FACTOR
GIVING GRANTING AND COMMITTING POWER TO HIM FOR AND
IN THE NAME FOR ANY FACTOR OR ANY AGENT TO DO IN THE LIKE CASE
BINDING HEREBY AND OBLIGING US TO RATIFY CONFIRM AND APPOINT
WHATEVER OUR SAID FACTOR SHALL LAWFULLY DO OR CAUSE TO BE DONE
IN THE PREMISES AND DECLARING THAT HE SHALL NOT BE LIABLE FOR
OMISSIONS BUT ONLY FOR HIS ACTUAL INTROMISSIONS OF WHICH
BY ACCEPTING HEREOF HE SHALL BE BOUND AND OBLIGED TO RENDER
A TRUE AND JUST ACCOUNT AS OFTEN AS REQUIRES AND WE CONSENT
TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND
SESSION OR ANY OTHERS COMPETENT THEREIN TO REMAIN FOR
PRESENTATION AND FOR THAT EFFECT WE CONSTITUTE MR THOMAS
THOMSON ADVOCATE PROCURATOR IN WITNESS WHEREOF THESE
PRESENTS WRITEN UPON THIS AND THE TWO PRECEEDING
PAGES OF STAMPTED PAPER BY ALEXANDER DUFF CLERK TO
THE SAID JOSEPH GORDON ARE SUBSCRIBED BY US FOLLOWS
VIZ. BY THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLAND

5. AT EDINBURGH THE 26/09/1809 YEARS BEFORE THESE WITNESSSES
ALEXANDER STUART WRITER EDINBURGH
ALEXANDER DUFF CLERK
MRS KATHARINE MACKENZIE MILMOUNT 30/11/1809
BEFORE THESE WITNESSES
MR JAMES MACGOWAN TEACHER MILMOUNT
MR JOHN MONTGOMERY POSTMASTER PARKHILL
SIGNED KATHARINE MACKENZIE GEORGE SUTHERLAND
JAMES MACGOWAN WITNESS JOHN MONTGOMERY
WITNESS ALEXANDER STUART ALEXANDER DUFF