1. PAULM594 RD 13/149/BOX657. DATE 31/JULY 1809
DISPOSITION AND DEED OF SETTLEMENT BY COLONEL ROBERT MACKENZIE
26 NOVEMBER 1802 WB OFFICE 31/07/1809
PRESENTED BY JOSEPH GORDON
MR THOMAS THOMSON ADVOCATE 5 SHEETS.
I COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE HONOURABLE EAST
INDIA COMPANY FOR THE LOVE FAVOUR AND AFFECTION WHICH I HAVE AND
BEAR TO ALEXANDER MACKENZIE MY SON PROCREATED OF THE MARRIAGE
BETWEEN ME AND MRS KATHARINE SUTHERLAND NOW MACKENZIE MY WIFE
AND OTHER GOOD CAUSES AND CONSIDERATIONS MOVING ME DO BY THESE
PRESENTS IN THE EVENT OF MY DECEASE GIVE GRANT AND DISPONE TO AND
IN FAVOUR OF THE SAID ALEXANDER MACKENZIE MY SON AND THE HEIRS
WHATSOEVER OF HIS BODY WHOM FAILING TO THE HEIRS WHATSOEVER OF MY
BODY WHOM FAILING TO ROBERT MACKENZIE LIEUTENANT IN THE MAHRATTA
SERVICE MURDOCK MACKENZIE SON OF KATHARINE MCLEOD IN ASSYNT IN
THE COUNTY OF SUTHERLAND AND HUME MACKENZIE LIEUTENANT IN THE
SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THE MADRAS
ESTABLISHMENT ALL THREE MY NATURAL SONS EQUALLY AMONG THEM AND
THE HEIRS WHATSOEVER OF THEIR BODIES AND FAILING ANY ONE OR TWO
OF THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES TO THE OTHER ONE
OR TWO OF THEM EQUALLY BETWEEN THEM IF TWO AND THE HEIRS
WHATSOEVER OF HIS OR THEIR BODIES WHOM ALL FAILING TO MY OWN
NEAREST AND LAWFUL HEIRS AND ASSIGNEES WHATSOEVER ALL AND
SUNDRY LANDS HERITAGES ANNUAL RENTS TEINDS ADJUDICATIONS
REVERSIONS WOODS MILLS FISHINGS TACKS HEADING AND POSSESSION
BELONGING TO ME OR WHICH SHALL BELONG TO ME AT MY DEATH AS
ALSO ALL AND SUNDRY DEBTS AND SUMS OF MONEY BOTH HERITABLE AND
MOVEABLE DUE AND OWING OR WHICH SHALL BE DUE AND OWING BY ANY

2. PERSON OR PERSONS TO ME AT MY DEATH BY BOND BILL DECREE ACCOUNT
PREMISE OR FACTION AS RENT OF LANDS OR ANNUAL RENTS OF MONEY OR IN
ANY OTHER MANNER OF WAY WHATSOEVER WITH THE WHOLE VOUCHERS
INSTRUCTIONS AND CONVEYANCES THEREOF WRITS AND DEEDS GRANTED
AND DILIGENCE AND EXECUTION ISSUED AND OBTAINED FOR PAYMENT AND
SECURITY OF THE SAME AND ALSO ALL AND SUNDRY CORNS CATTLE HORSE
SHEEP HOUSEHOLD PLENISHINGS AND FURNITURE INCLUDING BED AND
TABLE LINEN SILVER PLATE JEWELS TRINKETS BANK NOTES GOLD AND SILVER
COINED AND UNCOINED AND LYING MONEY CLOATHS BOOKS AND OTHER
MOVEABLE GOODS GEAR AND EFFECTS OF WHATSOEVER NATURE OR
DENOMINATION INCLUDING HEIRSHIP MOVEABLE BELONGING OR THAT MAY
BELONG TO ME AT MY DEATH WHEREVER OR IN WHOSE CUSTODY SOEVER
THE SAME MAY THEN BE DISPENSING WITH THE GENERALITY HEREOF AND
DECLARING THESE PRESENTS TO BE EQUALLY GOOD AND EFFECTUAL
TO ALL INTENTS AND PURPOSES AS IF THE SAID LANDS HERITAGES
MOVEABLE DEBTS AND OTHERS HEREBY CONVEYED WERE HEREIN
PARTICULARLY SPECIFIED AND ENUMERATED DECLARING ALWAYS AS IT IS
WHEREBY EXPRESSLY PROVIDED AND DECLARED THAT THE SAID ALEXANDER
MACKENZIE MY SON AND THE OTHER HEIRS SUBSTITUTES AND SUCCESSORS
BEFORE NAMED IN THEIR ORDER SHALL BE BOUND AND OBLIGED TO CONTENT
AND PAY MY FUNERAL EXPENSES AND ALL MY JUST AND LAWFUL DEBTS
AND PARTICULARLY WITHOUT PREDUDICE TO THE SAID GENERALITY THE
PREVIOUS CONTAINED IN A CONTRACT OF MARRIAGE ENTERED INTO BETWEEN
ME ON THE ONE PART AND THE SAID KATHERINE SUTHERLAND NOW MACKENZIE
MY WIFE ELDEST LAWFUL DAUGHTER OF THE DECEAST COLONEL JAMES
SUTHERLAND OF UPPAT WITH THE ADVICE AND CONCENT OF CAPTAIN GEORGE
SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON THE OTHER
PART DATED THE 15/07/1801 WHICH PROVISIONS WERE CONCEIVED IN FAVOUR
OF THE SAID KATHERINE SUTHERLAND NOW MACKENZIE MY WIFE AS WELL
OF THE CHILDREN TO BE PROCREATED OF THE MARRIAGE DECLARING THAT

3. THE SAID ALEXANDER MACKENZIE MY SON SHALL BE ENTITLED TO THE FULL
BENIFIT OF THE PROVISIONS CONTAINED IN THE SAID CONTRACT IN SO
FAR AS THE SAME MAY BE INTERPRETED IN HIS FAVOUR OVER AND ABOVE
WHAT HE MAY DRAW FROM MY ESTATE REAL AND PERSONAL IN VIRTUE
OF THESE PRESENTS THE SAME BEING MADE AND GRANTED WITHOUT
PREJUDICE TO THE ABOVE MENTIONED PREVIOUS IN ANY MANNER OF WAY
AS ALSO MY SAID SON AND THE OTHER HEIRS SUBSTITUTING AND
SUCCESSORS BEFORE MENTIONED SHALL BE BOUND TO PAY THE
FOLLOWING LAGACIES VIZ. WHEREAS BY THE SAID CONTRACT OF MARRIAGE
AMONG OTHER PROVISIONS CONCEIVED IN FAVOUR OF THE SAID KATHARINE
SUTHERLAND NOW MACKENZIE MY WIFE IT WAS DECLARED THAT IN THE EVENT
OF MY PREDECEASING THE SAID KATHERINE SUTHERLAND NOW MACKENZIE
MY WIFE AND THAT AT THE DISSOLUTION OF THE MARRIAGE BY MY DECEASE
OR OTHERWISE THERE SHOULD BE NO CHILD OR CHILDREN EXISTING
THEREOF AT THE TIME THEN AND IN THAT CASE I PROVIDED HEREIN AND
SHE WAS ENTITLED TO RECEIVE AND WAS THEREBY EMPOWERED TO
DEMAND AND RECEIVE THE INTEREST OF SIX THOUSANT POUNDS STERLING
PROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNER THEREIN
MENTIONED NOW IN CASE THE SAID EVENTUAL PROVISION SHOULD BE
VACATED IN CONSEQUENCE OF THE EXISTENCE OF A CHILD OR CHILDREN
PROCREATED OF THE MARRIAGE WHO MAY SURVIVE ME THEN AND
IN THAT EVENT I HEREBY GIVE AND BEQUEATH TO THE SAID KATHARINE
SUTHERLAND NOW MACKENZIE MY WIFE THE SUM OF TWO THOUSANT
POUNDS STERLING THEN TO THE SAID HUME MACKENZIE MY NATURAL
SON I GIVE AND BEQUEATH THE SUM OF FIVE HUNDRED POUNDS STERLING
THEN TO THE SAID ROBERT MACKENZIE MY NATURAL SON THE SUM
OF THREE HUNDRED POUNDS STERLING THEN TO THE SAID MURDOCH
MACKENZIE MY NATURAL SON THE LIKE SUMOF THREE HUNDRED
POUNDS STERLING THEN TO FRANCES MACKENZIE NOW GUNN MY
NATURAL DAUGHTER THE SUM OF TWO HUNDRED POUNDS STERLING

4. THEN TO MARIA MACKENZIE NOW MACAULY MY NATURAL DAUGHTER
THE LIKE SUM OF TWO HUNDRED POUNDS STERLING THEN TO COLONEL
LOUIS GRANT OF ACHUINACH LATE IN THE SERVICE OF THE HONOURABLE
EAST INDIA COMPANY THE SUM OF THREE HUNDRED POUNDS STERLING
THEN TO CAPTAIN CHARLES GRANT IN THE SERVICE OF THE HONOURABLE
EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT THE LIKE
SUM OF THREE HUNDRED POUNDS STERLING THEN TO MRS ELIZABETH
SUTHERLAND WIDOW OF THE SAID COLONEL JAMES SUTHERLAND AND
MOTHER OF THE SAID KATHARINE SUTHERLAND NOW MACKENZIE
WIFE THE SUM OF FIVE HUNDRED POUNDS STERLING AND MY SAID SON
AND THE OTHER HEIRS SUBSTITUTING AND SUCCESSORS BEFORE
MENTIONED SHALL BE BOUND TO PAY THE SAID SEVERAL LAGACIES
AT THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER MY DEATH
WITH A FIFTH PART MORE OF PENALTY IN CASE OF FAILURE AND THE
LEGAL INTEREST OF THE SAID SUMS RESPECTIVELY FROM THE SAID
TERM OF PAYMENT UNTIL PAID DECLAIRING THAT THE JUS MARITI
AND RIGHT OF ADMINISTRATION OF THE HUSBANDS OF THE SAID
FRANCIS MACKENZIE NOW GUNN AND OF THE SAID MARIA MACKENZIE
NOW MACAULY IS HEREBY EXPRESSLY SECLUDED AND DEBARRED IN SO
FAR AS CONCERNS THE SAID LEGACIES PENALTIES AND INTEREST
AND FOR CARRYING THESE PRESENTS INTO MORE EFFECTUAL
EXECUTION I HEREBY NOMINATE AND APPOINT THE SAID ALEXANDER
MACKENZIE MY SON WHOM FAILING THE SAID KATHARINE SUTHERLAND
NOW MACKENZIE MY WIFE THE SAID GEORGE SACKVILLE SUTHERLAND
THE SAID LOUIS GRANT THE SAID CHARLES GRANT COLONEL WILLIAM
DUNCAN IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY
CAPTAIN HENRY WHITE IN THE SERVICE OF THE HONOURABLE EAST
INDIA COMPANY ON THE BENGAL ESTABLISHMENT AND NOW OR LATELY
AIDE DE CAMP TO HIS EXELLENCY MARQUISE WELLESLEY GOVERNOR
GENERAL OF BENGAL AND COLIN MACKENZIE WRITER TO THE SIGNET

5. AND THE ACCEPTING SURVIVORS OR SURVIVOR OF THEM TO BE MY
SOLE EXECUTORS EXCLUDING MY NEAREST OF KIN AND ALL OTHERS
FROM THE SAID OFFICE MOREOVER AS I JUDGE IT PRUDENT TO NAME
TUTORS AND CURATORS TO THE SAID ALEXANDER MACKENZIE
MY SON OR TO ANY OTHER CHILD OR CHILDREN WHO MAY BE
PROCREATED OF THE SAID MARRIAGE BETWEEN ME AND THE
SAID KATHARINE SUTHERLAND NOW MACKENZIE AND HAVING
ENTIRE CONFIDENCE IN THE SAID KATHARINE SUTHERLAND
NOW MACKENZIE MY WIFE GEORGE SACKVILLE SUTHERLAND
LOUIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRY WHITE
AND COLIN MACKENZIE DO HEREBY NOMINATE AND APPOINT
THEM AND THE ACCEPTING SURVIVORS OR SURVIVOR OF
THEM TO BE TUTORS AND CURATORS TO THE SAID ALEXANDER
MACKENZIE MY SON AND TO SUCH OTHER CHILD OR CHILDREN
AS MAY BE PROCREATED OF THE SAID MARRIAGE DURING
THE WHOLE PERIOD OF THEIR RESPECTIVE PUPILARITIES AND MINORITIES
DECLARING THAT THE MAJORITY OF THE PERSONS BEFORE NAMED
ACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEM
ACCEPTING AND SURVIVING THE LEAST SHALL BE A QUORUM AND
DECLAIRING ALSO THAT THEY SHALL NOT AS TUTORS OR CURATORS
BE LIABLE FOR OMISSIONS NOR SINGULI IN SOLIDUM BUT EACH
ONLY FOR HIS OWN ACTUAL INTROMISSIONS AND THAT IT SHALL
BE IN THE POWER OF THE PERSONS BEFORE NAMED TO ACCEPT
THE OFFICE OF TUTOR AND RENOUNCE THE OFFICE OF CURATOR
AND I HEREBY REVOKE ALL FORMER DISPOSITION AND SETTLEMENT
LEGACIES CODICALS AND OTHER TESTAMENTARY DEEDS MADE
OR GRANTED BY ME IN FAVOR OF WHATEVER PERSON OR PERSONS
PRECEEDING THE DATE HEREOF AND DECLARE THIS TO BE MY LAST
WILL AND TESTAMENT RESERVING ALWAYS TO MYSELF FULL
POWER AND LIBERTY AT ANY TIME OF MY LIFE

6. EVEN IN SICKNESS OR ON DEATHBED TO EVOKE ALTER AND INNOVATE
THESE PRESENTS IN WHOLE OR IN PART OR TO CANCEL THE SAME
AT PLEASURE BUT IF I SHALL NOT THINK FIT SO TO DO THESE PRESENTS
SHALL BE EFFECTUAL THOUGH FOUND IN MY CUSTODY OR IN THE CUSTODY
OF ANY OTHER PERSON TO WHOM I MAY ENTRUST THE SAME UNDELIVERED
AT MY DEATH WITH THE DELIVERY WHEREOF I HEREBY DISPENSE AND
CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND
SESSION OR OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION
AND THERETO CONSTITUTE
MY PROCURATORS IN WITNESS.
WHEREOF SUBSCRIBE THESE PRESENTS WRITTEN ON THIS AND THE TWO
PRECEEDING PAGES OF STAMPED PAPER BY WILLIAM MACKENZIE CLERK TO
ALEXANDER AND COLIN MACKENZIE WRITERS TO THE SIGNET ON EACH
PAGE AT EDINBURGH THE 26/11/1802 BEFORE THESE WITNESSES THE
SAID ALEXANDER MACKENZIE WRITER TO THE SIGNET AND THE SAID
WILLIAM MACKENZIE WRITER HEREOF.
ROBERT MCKENZIE
ALEXANDER MACKENZIE WITNESS
WILLIAM MACKENZIE WITNESS