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  3. {*generator Msftedit 5.41.15.1503;} viewkind4uc1pardf0fs16tab RD 13 149 662par
  4. par
  5. tab KNOW ALL MEN BY THESE PRESENTS US MRS KATHARINE SUTHERLAND par
  6. tab OR MACKENZIE RELICT OF THE DECEASED COLONEL ROBERT MACKENZIEpar
  7. tab SOMETIMES IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY par
  8. tab AND CAPTAIN GEAORGE SACKVILLE SUTHERLAND RESIDING AT RHIVES par
  9. tab WHEREAS THE SAID DECEASED COLONEL ROBERT MACKENZIE BY par
  10. tab DISPOSITION AND DEED OF SETTLEMENT BEARING DATE THE 26/11/1802par
  11. tab AND RECORDED IN THE BOOKS OF COUNCIL AND SESSION ( OFFICE W.B. )par
  12. tab THE 30/07/1809 GAVE GRANTED AND DISPONED TO AND IN FAVOUR OF par
  13. tab ALEXANDER MACKENZIE HIS ELDEST LAWFUL SON WHOM FAILING AS par
  14. tab THEREIN MENTIONED UNDER THE CONDITION AND WITH THE PROVISIONSpar
  15. tab THEREIN EXPRESSED ALL ESTATE AND EFFECTS REAL AND PERSONALpar
  16. tab HERITABLE AND MOVEABLE THAT SHOULD PERTAIN AND BELONG TO par
  17. tab HIM AT THE TIME OF HIS DEATH AND HE NOMINATED AND APPOINTEDpar
  18. tab THE SAID ALEXANDER MACKENZIE WHOM FAILING THE PERSONS THEREINpar
  19. tab MENTIONED TO BE HIS SOLE EXECUTERS AND MOREOVER AS HE JUDGEDpar
  20. tab IT PRUDENT TO NAME TUTORS AND CURATORS TO THE SAID ALEXANDERpar
  21. tab MACKENZIE HIS SON AND TO ANY OTHER CHILD OR CHILDREN WHO par
  22. tab MIGHT BE PROCREATED OF THE MARRIAGE TWIXT HIM AND ME THE SAIDpar
  23. tab MRS KATHARINE MACKENZIE AND HAVING ENTIRE CONFIDENCEpar
  24. tab IN US THE SAID MRS KATHARINE MACKENZIE AND GEORGE SACKVILLEpar
  25. tab SUTHERLAND AND IN cf1 COLONEL LEWIS GRANT OF ACHINOCH LATEpar
  26. tab IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANYpar
  27. tab CAPTAIN CHARLES GRANT IN THE SERVICE OF THE HONOURABLEpar
  28. tab EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT COLONELpar 2.
  29. tab WILLIAM DUNCAN IN THE SERVICE OF THE HONOURABLE EAST par
  30. tab INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICE OFpar
  31. tab THE SAID COMPANY AND SOMETIME AID DE CAMP TO THE MARQUISpar
  32. tab WELLESLY AND COLIN MACKENZIE WRITER TO THE SIGNETpar< /li>
  33. tab ONE OF THE PRINCIPAL CLERKS OF SESSIONcf2 HE THEREFOR NOMINATEDpar
  34. tab APPOINTED US AND THE SAID LEWIS GRANT CHARLES GRANT WILLIAMpar
  35. tab DUNCAN HENRY WHITE AND COLIN MACKENZIE AND THE ACCEPTINGpar
  36. tab SURVIVORS OR SURVIVOR OF US AND THEM TO BE TUTUTORS ANDpar
  37. tab CURATORS TO THE SAID ALEXANDER MACKENZIE HIS SON ANDpar
  38. tab TO SUCH OTHER CHILD OR CHILDREN AS MIGHT BE PROCREATEDpar
  39. tab OF THE SAID MARRIAGE DURING THE WHOLE PERIOD OF THEIRpar
  40. tab RESPECTIVE PUPILLARITIES AND MINORITIES DECLARING THAT THEpar
  41. tab MAJORITY OF THE PERSONS THEREIN AND ABOVE NAMED ACCEPTINGpar
  42. tab AND ALIVE AT THE TIME OR ANY ONE OF THEM ACCEPTING ANDpar
  43. tab SURVIVING THE REST SHOULD BE A QUORUM AND WHEREASpar< /li>
  44. tab THE SAID LEWIS GRANT CHARLES GRANT WILLIAM DUNCANpar< /li>
  45. tab HENRY WHITE AND COLIN MCKENZIE HAVE DECLINED TO ACCEPTpar
  46. tab OR ACT FOR THE NOMINATION OF TUTORS AND CURATORS IN NAMEpar
  47. tab ABOVE NARRATED SO THAT THE SAID MRS KATHARINE MACKENZIEpar
  48. tab AND GEORGE SACKVILLE SUTHERLAND ARE THE ONLY ACCEPTINGpar
  49. tab TUTORS NOMINATE OF THE SAID ALEXANDER MCKENZIE AND OFpar
  50. tab ELIZABETH BAILLIE MCKENZIE MARGARET SUTHERLAND MACKENZIEpar
  51. tab AND JAMES SUTHERLAND MACKENZIE THE YOUNGER CHILDRENpar
  52. tab OF THE SAID COLONEL ROBERT MACKENZIE PROCREATED OF HISpar
  53. tab SAID MARRIAGE ALL OF WHOM ARE MINORS WHITHIN THE YEARS OFpar
  54. tab PUPILLARITY AND ON ENTERING ON THE ADMINISTRATION AND par
  55. tab MANAGEMENT OF THE ESTATE WHICH PERTAINED TO THE SAID par
  56. tab COLONEL ROBERT MACKENZIE BEHOOF OF OUR SAID PUPILS AS TUTORSpar
  57. tab FORSAID WE FIND IT NECESSARY FOR THE PURPOSE OF SPEEDILY ANDpar
  58. tab EFFECTUALLY EXTRICATING THE SAME BY PAYMENT OF THE DEBTSpar
  59. tab DUE BY THE SAID DECEASED COLONEL ROBERT MACKENZIE ANDpar
  60. tab INVESTING THE RESIDUE OF THE SAID ESTATE IN THE MANNER MOSTpar 3.
  61. tab BENIFICIAL FOR OUR SAID PUPILS AND ALL OTHERS CONCERNEDpar
  62. tab TO ASSIST A FIT PERSON TO BE OUR AGENT AND FACTOR WITH par
  63. tab POWER TO INTROMIT WITH THE SAID ESTATE AND AFFECTS FORpar
  64. tab US AND IN OUR NAMES AS TUTORS FORESAID AND HAVING ENTIREpar
  65. tab CONFIDENCE IN THE CAPACITY AND INTEGRITY OF JOSEPH GORDONpar
  66. tab WRITER TO THE SIGNET THEREFOR WE HAVE NOMINATED CONSTITUTEDpar
  67. tab AND APPOINTED US WE DO HEREBY NOMINATE CONSTITUTE ANDpar
  68. tab APPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT ANDpar< /li>
  69. tab FACTOR GIVING GRANTING AND COMMITTING POWER TO HIMpar< /li>
  70. tab FOR AND IN NAME OF THE SAID ALEXANDER MACKENZIE ANDpar
  71. tab FOR US AND IN OUR NAMES AS TUTORS FORESAID TO INTROMIT WITHpar
  72. tab AND ENTER ON THE POSSESSION AND MANAGEMENT OF THE WHOLEpar
  73. tab ESTATE AND EFFECTS REAL AND PERSONAL HERITABLE AND par
  74. tab MOVEABLE OF EVERY DENOMINATION AND WHERESOEVER SITUATEDpar
  75. tab WHICH PERTAINED TO THE SAID DECEASED COLONEL ROBERT MACKENZIEpar
  76. tab AND TO RESPECT THE SAID ALEXANDER MCKENZIE HAS NOW RIGHT IN par
  77. tab VIRTUE OF THE GENERAL DISPOSITION ABOVE NOMINATED TO SUE FOR par
  78. tab UPLIFT AND RECOVER ALL DEBTS AND SUMS OF MONEY DUE AND ADEBTEDpar
  79. tab TO THE SAID DECEASED COLONEL ROBERT MACKENZIE IE AND ONpar
  80. tab PAYMENT TO GRANT RECEIPTS AND DISCHARGE FOR THE SAMEpar
  81. tab WHICH SHALL BE AS VALID AND EFFECTUAL TO THE RECEIVERS ASpar
  82. tab IF GRANTED BY US TO SETTLE COMPOUND AND TRANSACT FOR ALLpar
  83. tab DEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THEpar< /li>
  84. tab ESTATE OF THE SAID DECEASED COLONEL ROBERT MACKENZIEpar
  85. tab OR FOR WHICH THE SAID ALEXANDER MCKENZIE MAY ANY WAYSpar
  86. tab BE LIABLE AS REPRESENTING HEIRS AND TO PURSUE AND DEFEND ALLpar
  87. tab ACTIONS AT LAW THAT MAY BE NECESSARY FOR ASCERTAININGpar
  88. tab THE AMOUNT OF THE SAID DEBTS AND SUMS OF MONEY DUE TO THE SAIDpar
  89. tab DECEASED COLONEL ROBERT MCKENZIE AS WELL AS THE SUMSpar
  90. tab DUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER INTOpar
  91. tab THE GENERAL OR PARTICULAR SUBMISSIONS IN REGARD TOpar< 4. /li>
  92. tab SUCH DEBTS CLAIMS AND DEMANDS BINDING AND OBLIGING USpar
  93. tab AND THE SAID ALEXANDER MACKENZIE TO ABIDE BY AND IMPLEMENTpar
  94. tab AND FULFIL OUR PART OF THE AMICABLE DECISIONS ANDpar< /li>
  95. tab DECREETS ARBITRAL TO BE PRONOUNCED IN SUCH SUBMISSIONSpar
  96. tab AND GENERALLY WITH FULL POWER TO OUR SAID FACTOR TO DO par
  97. tab EVERY OTHER THING FOR EFFECTING A SPEEDY AND DISTINCTpar
  98. tab ARRANGEMENT OF THE AFFAIRS OF THE SAID DECEASED COLONELpar
  99. tab ROBERT MACKENZIE AND BRINGING HIS ESTATE AND EFFECTS TO THEpar
  100. tab BEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDER MACKENZIEpar
  101. tab AND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DO OURpar
  102. tab SELVES AS TUTORS NOMINATE OR THAT IT IS LEGALLY COMPETENTpar
  103. tab FOR ANY FACTOR AND AGENT TO DO IN THE LIKE CASE TO BINDINGpar
  104. tab THEREBY AND OBLIGING US TO RATIFY CONFIRM APPROVE par< /li>
  105. tab WHATEVER OUR SAID FACTOR SHALL LAWFULLY DO OR CAUSE TOpar
  106. tab BE DONE IN THE PREMISES AND DECLARING THAT HE SHALLpar
  107. tab NOT BE LIABLE FOR OMISSIONS BUT ONLY FOR HIS ACTUAL par
  108. tab INTROMISSIONS OF WHICH BY ACCEPTANCE HEREOF HE SHALLpar
  109. tab BE BOUND AND OBLIGED TO par
  110. tab ACCOUNT AS OFTEN AS REQUIRED ANDpar
  111. tab REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSIONpar
  112. tab OR ANY OTHERS COMPETENTpar
  113. tab AND FOR THAT PART IN FULL CONSTITUTEpar
  114. tabpar
  115. tab IN WITNESS WHEREOF THESE PRESENTS WRITEN UPON THIS ANDpar
  116. tab TWO PRECEEDING PAGES OF STAMPED PAPER BY ALEXANDERpar< /li>
  117. tab DUFF CLERK TO THE SAID JOSEPH GORDON ARE SUBSCRIBEDpar
  118. tab BY US AS FOLLOWS BY US AS FOLLOWS VIZ... BY ME THE SAIDcf1par
  119. tab CAPTAIN GEORGE SACKVILLE SUTHERLAND AT EDINBURGH THEpar
  120. tab SIXTH DAY OF SEPTEMBER 1809 YEARS IS BEFORE THE SAID ALEXANDERpar
  121. tab STUART WRITER IN EDINBURGH AND THE SAID ALEXANDER DUFFcf3tabtabtabtabtabtabtabtabtabtabtab cf1 AND BY ME THE SAID MRS tab KATHARINE MCKENZIE AT MILMOUNTpar
  122. tab THE 30/11/1809 FORSAID BEFORE THESE JAMES MACGOWANpar< /li>
  123. tab TEACHER AT MILLMOUNT AND JOHN MONTGOMERY POSTMASTERpar 5.
  124. tab PARKHILL.par
  125. par
  126. par
  127. tabcf4 SIGNED JAMES MACGOWANtabtabtab 30/11/1809par< /li>
  128. tab JOHN MONTGOMERYtabtabtabtabpar
  129. tab ALEXANDER STUARTtabtabtabtab 26/09/1809par
  130. tab ALEXANDER DUFFpar
  131. tab KATHARINE MACKENZIEpar
  132. tab GEORGE SACKVILLE SUTHERLANDcf1par
  133. tabcf2tabpar
  134. cf1tabcf0 GD305/1/128/17.par
  135. par
  136. tab IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDED BETWIXT THE par
  137. tab PARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE IN THE SERVICE par
  138. tab OF THE HONOURABLE EAST INDIA COMPANY ON THE ONE PART AND MISSpar
  139. tab KATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OF THE DECEAST par
  140. tab COLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE AND CONSENTpar
  141. tab OF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPAT HER BROTHERpar
  142. tab GERMAN ON THE OTHER PART IN MANNER FOLLOWING THAT IS TO SAYpar
  143. tab THE SAID COLL ROBERT MACKENZIE AND MISS KATHERINE SUTHERLANDpar
  144. tab HAVING CONCURRED A MUTUAL LOVE AND AFFECTION FOR ONEpar
  145. tab ANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OF EACH OTHERpar
  146. tab FOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGE THEM TOpar
  147. tab SOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALL CONCONCIENTpar
  148. tab SPEEDtab IN CONTEMPLATION OF WHICH MARRIAGE THE SAID COLL ROBERTpar
  149. tab MCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRS EXECUTERSpar
  150. tab AND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISS KATHERINEpar
  151. tab SUTHERLAND IN THE EVENTS OF HER SURVIVING HIM AND INDEPENDENTpar
  152. tab OF THE ADDITION THERETO IN THE EVENT HEREIN AFTER MENTIONEDpar
  153. tab ALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED POUNDSpar
  154. tab STERLING AND THAT AT TWO TERMS IN THE YEAR WHITSUNDAYpar
  155. tab AND MARTINMAS BY EQUALL PORTIONS BEGINNING THE FIRST TERMS par
  156. tab PAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ON MARTINMAS AFTERpar
  157. tab HIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ON HALF YEARLYpar
  158. tab DURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PART MOREpar
  159. tab OF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASE OF HAILLE par
  160. tab AND THE DUE AND ORDINARY ANNUAL RENT THEREOF THEREAFTERpar
  161. tab DURING THE NOT PAYMENT AND FURTHER THE SAID COLL. 6. ROBERT par
  162. tab BINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OF ONE par
  163. tab CHILD MALE OR FEMALE BEING PROCREATED OF THIS MARRIAGE BETWIXTpar
  164. tab HIM AND THE SAID MISS KATHERINE SUTHERLAND TO CONTEND par
  165. tab AND PAY TO SUCH CHILD THE SUM OF THREE THOUSANT POUNDSpar
  166. tab STERLING TWO CHILDREN MALE OR FEMALE THE SUM OF TWO THOUSANTpar
  167. tab POUNDS STERLING EACH AND IF THREE OR MORE CHILDREN THE SUMpar
  168. tab OF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TO par
  169. tab RECEIVE OF THAT SUM OF THREE THOUSAND POUNDS STERLING AND par
  170. tab THE REMAINING THREE THOUSAND POUNDS STERLING TO BE par
  171. tab DIVIDED AMONGST THE YOUNGER CHILDREN IN SUCH PROPORTIONSpar
  172. tab AS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAY THINKpar
  173. tab PROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT AND AGAINSTpar
  174. tab THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HIS DECEASEpar
  175. tab WITH A FIFTH PART MORE OF EACH CHILD PROVISION OF LIQUIDATEpar
  176. tab PENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARY ANNUALpar
  177. tab RENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUT DECLARINGpar
  178. tab THAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIES PREDECEASING par
  179. tab THE SAID MISS KATHERINE SUTHERLAND AND THAT THE DISSOLUTION par
  180. tab THE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERE SHOULDpar
  181. tab BE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIME THEMpar
  182. tab THAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HER IN ANDpar
  183. tabSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBY EMPOWEREDpar
  184. tab TO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIX THOUSANTpar
  185. tab POUNDS STERLING PROVIDED TO THE CHILDREN OF THE MARRIAGEpar
  186. tab IN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT IN THE EVENTpar
  187. tab OF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIE BEFORE THEpar
  188. tab SAID MISS KATHERINE SUTHERLAND AND THAT THERE SHOULDpar
  189. tab BE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING AT THE TIME ANDpar
  190. tab THAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FOR ANSWERING THEpar
  191. tab SEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONED AND PAYINGpar
  192. tab THE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TO THE SAIDpar
  193. tab KATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALL IN 7. THEpar
  194. tab MEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILL THE DECEASEDpar
  195. tab OF THE SAID MISS KATHERINE SUTHERLAND AND THAT IN EVERY EVENTpar
  196. tab THE SUM OF FOUR THOUSAND POUNDS STERLING SHALL REMAIN CLEARpar
  197. tab AND UNTOUCHED FOR ANSWERING THE SAID ANNUITY DURING ALLpar
  198. tab THE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITY OF THE SAIDpar
  199. tab MISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAID EVENTUALLpar
  200. tab ANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OF THE MARRIAGEpar
  201. tab BEFORE MENTION THE SAID COLL. ROBERT MCKINZIE ASSIGNS ANDpar
  202. tab CONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITY AFTERpar
  203. tab MENTIONED WITH THE SECURITIES THEREFORE AS WILL COMPLETELYpar
  204. tab SATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVEN THOUSANTpar
  205. tab EIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME IN THEpar
  206. tab EIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESpar< /li>
  207. tab BY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY OFpar
  208. tab MAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEpar< /li>
  209. tab AND THE LAST DATED THE FIRST DAY OF NOVEMBER ONE THOUSANTpar
  210. tab EIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNT CURRENTpar
  211. tab BETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HIS AGENTSpar
  212. tab AT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUM OF TWENTYpar
  213. tab THOUSANT DIVA RUPEES VESTED BY HIM IN THE SAID GOVERNMENTpar
  214. tab SECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIAL LOANpar
  215. tab OBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONE THOUSANDpar
  216. tab SEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TO THE AMOUNTpar
  217. tab OF EIGHT THOUSANT ONE HUNDRED AND FORTY ONE POUNDS VESTEDpar
  218. tab BY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OF GREATpar
  219. tab BRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMAS COUTTSpar
  220. tab AND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNT CURRENTpar
  221. tab WITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAY LASTpar
  222. tabAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THIS DATE ASpar
  223. tab RELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THE SUMpar
  224. tabOF SIX HUNDRED POUNDS STERLING VESTED IN THE SAID FUNDSpar
  225. tabSINCE THAT PERIOD WITH POWER TO THE SAID MISS 8. KATHERINEpar
  226. tab SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAID AFFIDATEpar
  227. tab SPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THE SAIDpar
  228. tab YEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANT THEREFOREpar
  229. tab AND GENERALLY EVERY OTHERTHING THEREANENT TO DO THATpar
  230. tab HE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IF SHEpar
  231. tab SHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERT MCKINZIEpar
  232. tab BINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVEST THE SAIDpar
  233. tab SUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISH FUNDSpar
  234. tab IN HER NAME TO---------------- THE SAID ------------- - ANNUITY AND TO LAYpar
  235. tab OUT THE SAME OR HERITABLE SECURITY AND TO TAKE THE SECURITYpar
  236. tab THEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THE DAYSpar
  237. tab OF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGE IN THEpar
  238. tab EVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR IN PARTpar
  239. tab AS CIRCUMSTANCES MAY BE THEIR SAID PROVISION DECLARING ALSOpar
  240. tab THAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGE SHALL DURINGpar
  241. tab THE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATED par
  242. tab SUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HIS DECEASEpar
  243. tab PREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITY THAT THEIRpar
  244. tab SAID MOTHER SHALL BE THEIR TUTORS AND CURATORS AND SHALLpar
  245. tab UPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THE MONEYS par
  246. tab BEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THE AGE OFpar
  247. tab FIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATpar
  248. tab MARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION AND MAINTAINANCEpar
  249. tab AND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THE EVENTpar
  250. tab OF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIM ASSIGNSpar
  251. tab CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEES AS HERpar
  252. tab OWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLD FURNITUREpar
  253. tab AND PLENISHING OF EVERY DENOMINATION BED AND TABLE LINENpar
  254. tab ------- AND TABLE CHINA SILVERPLATE AND IN GENERALL EVERYpar
  255. tab ARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHING THATpar
  256. tab SHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONpar< 9. /li>
  257. tab BETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGpar< /li>
  258. tab WITH THE GENERALITY HEREOF AND ADMITTING THE SAME TOpar
  259. tab BE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERY ARTICLEpar
  260. tab THEN BELONGING TO HIM WERE HEREIN PARTICULARY INSERTEDpar
  261. tab MOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBY RENOUNCESpar
  262. tab AND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSpar< /li>
  263. tabANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OR OTHERWAYSpar
  264. tabTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGING TO THEpar
  265. tab SAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAY HEREAFTERpar
  266. tab HAVE RIGHT ANY MANNER OF WAY AND PARTICULARY WITHOUTpar
  267. tab PREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR FIVEpar
  268. tab HUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWEN BAILLIEpar
  269. tab OF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OF PROVISIONpar
  270. tab MADE IN HER FAVOUR BY HEIRS AND DECEASED FATHER DECLARINGpar
  271. tab THE SAME HER OWN PROPERTY AND AS HER DISPOSAL IN ANYpar
  272. tab MANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTpar< /li>
  273. tab ARE APPROBATION AND FURTHER THE SAID COLL.ROBERTpar< /li>
  274. tab MCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIM HIS HEIRSpar
  275. tab AND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISS KATHERINEpar
  276. tab SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEES WHOMSOEVERpar
  277. tab UNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEU DUTY PAYABLEpar
  278. tab OUT THEREOF HERITABLE AND IRREDEEMABLE ALL AND HAILLE THATpar
  279. tab HOUSE LYING IN THE VILLAGE OF NEW TARBET CALLED MILMOUNTpar
  280. tab CALLED MILLMOUNT WICH THE GARDEN BACK CLOSE par
  281. tab AND WHOLE PARTS PENDICLES AND PERTINENTS THERETO BELONGINGpar
  282. tab BOUNDED ON THE WEST BY THE HIGH ROAD LEADING THROUGHpar
  283. tab MILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS THEpar
  284. tab SAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HIS RIGHTS AND par
  285. tab INFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIR AND COUNTYpar
  286. tabOF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHT OF PROPERTYpar
  287. tabAND POSSESSION WHICH HE CAN CLAIM OR PRETEND THERETO ANY MANNERpar
  288. tabOF WAY IN WHICH HOUSE WITH THE GARDEN AND PERTINENTS 10. BEFOREpar
  289. tab MENTIONED THE SAID COLL.ROBERT MCKINZIE BIND AND OBLIGES HIM HISpar
  290. tab HEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISS KATHERINEtabpar
  291. tab SUTHERLAND HIS AFFIDATE SPOUSE HERITABLE AND IRREDEEMABLEpar
  292. tab AND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THE ONEpar
  293. tab WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE SAIDpar
  294. tab INFEFTMENT BY RESIGNATION HEREBY MAKES AND CONSTITUTESpar
  295. tab AND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED ---- par
  296. tab AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVING GRANTINGpar
  297. tab AND COMMITTING TO THEM FULL POWER WARRANT AND COMMISSIONpar
  298. tab FOR HIM AND IN HIS NAME TO COMPEAR HEREFORpar
  299. tab HIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID SUBJECTSpar
  300. tab OR THEIR COMMISSIONERS HAVING POWER TO RECEIVE RESIGNATIONSpar
  301. tab AND TO GRANT NEW INFEFTEMENTS THEREON AND THAT UPONpar
  302. tabTHE GROUND THEREOF AT ANY TIME LAWFULL AND CONVENIENTpar
  303. tab AND THEM AND THERE WITH ALL DUE REVERENCE AND HUMILITYpar
  304. tabAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON AS USEpar
  305. tab IS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL. ROBERT MCKINZIEpar
  306. tabHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVER GIVES par
  307. tab AND DELIVERS ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS par
  308. tab CALLED MILLMOUNT LYING IN THE SAID VILLAGE OF MILMOUNT OF NEWpar
  309. tab TARBET PARISH OF KILMUIR AND COUNTY OF ROSS AFORESAID AS par
  310. tab DESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSA OR ASpar
  311. tab THE SAME ARE MORE PARTICULARY BOUNDED AND DESCRIBED IN HIS par
  312. tab RIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HIS par
  313. tab IMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR AND FORpar
  314. tab NEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN AND GRANTEDpar
  315. tabTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSEpar
  316. tab IN SUCH DUE AND COMPETENT FORM AS OFFERS ALL INSTRUMENTSpar
  317. tab AND DOCUMENTS THEREAPON TO TAKE AND GENERALLY EVERYpar
  318. tab OTHERTHING THEREANNENT TO DO WHICH HE COULD DO par< /li>
  319. tab HIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBY PROMISESpar
  320. tab TO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICH 11. DISPOSITIONpar
  321. tab AND SUBJECTS THEREBY CONVEYED THE SAID COLL. ROBERT MCKINZIEpar
  322. tab BINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TO WARRANT TOpar
  323. tab THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE ANDpar
  324. tab HER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY AS LAWpar
  325. tab WILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISS KATHERINEpar
  326. tab SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS AND ASSIGNEESpar
  327. tab NOT ONLY IN AND TO THE RENTS MAILLS AND DUTIES THEREOF IN TIMEpar
  328. tabCOMING BUT ALSO IN AND TO THE TITLES WRITS AND EVIDENTS THEREOFpar
  329. tab CONCEIVED INFAVOUR OF HIM HIS PREDECESSORS OR AUTHORS AND WHICHpar
  330. tabASSIGNATION ABOVE WRITEN HE HEREBY BINDS AND OBLIGES HIMpar
  331. tab AND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FAR AS CONCERNSpar
  332. tab THE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALL DEADLY AS LAWpar
  333. tabWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS AND DUTIES FROMpar
  334. tabHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT IS HEREBY AGREEDpar
  335. tabUPON BETWIX THE PARTIES THAT EXECUTION SHALL PASS HEREON AT THEpar
  336. tab INSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLE SUTHERLANDpar
  337. tab ROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENT AND COLL.par
  338. tabALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE OR MORE OF THEMpar
  339. tabOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIE FORpar
  340. tabIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAID MISS KATHERINEpar
  341. tabSUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THE PROVISIONpar
  342. tab AND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIR FAVOUR ANDpar
  343. tabDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE --- ----par
  344. tab YEARS AND DAY FROM THE SOLEMNIZATION THEREOF WITHOUT Apar
  345. tab LIVING CHILD BEING HEARD BUT YET THIS PRESENT CONTRACT SHALLpar
  346. tab SUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THE SAIDpar
  347. tab MISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TO THE par
  348. tab CONTRARY NOTWITHSTANDING AND THEY CONSENT TO THEpar< /li>
  349. tab RESIGNATION HEREOF IN THE BOOKS OF COUNCIL AND SESSIONpar
  350. tab OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONpar< /li>
  351. tabAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYpar< 12. /li>
  352. tab PASS AND BE DIRECT HEREIN AS OFFERS AND THERETOpar< /li>
  353. tab THEY CONSTITUTE THEIR PROCULATORS AND COMMISSIONERSpar
  354. tab ALL TO THE EFFECT THE SAID MISS KATHERINE SUTHERLANDpar
  355. tab MAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN AND par
  356. tab PERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBY DESIRES ANDpar
  357. tab REQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HIS BAILLIESpar
  358. tab IN THAT PART HEREBY SPEEDILY CONSTITUTE THESE PRESENTSpar
  359. tab -------- PASS TO THE SAID SUBJECTS AND THERE GIVE AND DELIVERpar
  360. tab TO THE SAID MISS KATHERINE SUTHERLAND HERITABLE STATEpar
  361. tab AND SASINE REAL AND ACTUALL AND CORPOREAL POSSESSIONpar
  362. tab OF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS BEFOREpar
  363. tab DESCRIBED OR AS THE SAME ARE MORE PARTICULARY DESCRIBED par
  364. tab IN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDpar
  365. tab AS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN THEpar
  366. tab SAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OF KILMUIRpar
  367. tab AND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLES ANDpar
  368. tab PERTINENTS THERETO BELONGING AND THAT BY DELIVERING par
  369. tab TO THE SAID MISS KATHERINE SUTHERLAND OR HER ATTORNEYpar
  370. tab OR ATTORNEYS WHOM NAME BEARER HEREOFpar
  371. tab ------------------------------------------------------- -----------------------------------------------par
  372. tab SYMBOLLS USUALL AND NECESSARY BUT ALWAYS UNDER THEpar< /li>
  373. tab BURDEN OF THE FEU DUTY PAYABLE OUT THEREOF AND THIS INpar
  374. tab NOWAYS LEAVE UNDONE THE WHICH TO DO THE SAID COLL.par< /li>
  375. tab ROBERT MACKENZIE COMMITTS TO YOU AND EACH OF YOUpar< /li>
  376. tab CONLLIE AND SEALLIE AS SAID IS HIS FULL POWER BY THIS HISpar
  377. tab PRECEPT OF SASINE DIRECTED TO YOU FOR THAT EFFECTpar< /li>
  378. tab IN WITNESS WHEREOF BOTH PARTIES HAVE SUBSCRIBED THESEpar
  379. tab PRESENTS TOGETHER WITH ANOTHER DUPLICATE HEREOF WROTEpar
  380. tab UPON THIS AND THE SIX PRECEEDING PAGES OF PAPER DULY STAMPEDpar
  381. tab WORDING TO LAW BY THOMAS SUTER SHERIFF CLERK OF ROSSpar
  382. tabcf1 BRAILANGWELLcf2 THE FIFETEENTH DAY OF AUGUST 13. 1801 YEARSpar
  383. tab BEFORE THESE WITNESSES THE SAID COLL.ALEXANDER BAILLIE OFpar
  384. tab KNOCHBRECK MR ALEXANDER BAILLIE HIS SON AND THE SAIDpar
  385. tab THOMAS SUTER WRITER HEREOF.par
  386. par
  387. par
  388. tabcf1 ROBERT MCKINZIEpar
  389. tab KATHARINE SUTHERLANDpar
  390. tab GEORGE SACKVILLE SUTHERLANDpar
  391. tab ALEXANDER BAILLIE WITNESSpar
  392. tab ALEXANDER BAILLIE HIS SON WITNESSpar
  393. tab THOMAS SUTER WITNESScf0par
  394. par
  395. tabpar
  396. cf1par
  397. tabtabtabtabtabtabtabcf0 tabtabtabtabtabtabtabtabtabtabtabtabtabtabtabtabtabtab par< /li>
  398. par
  399. par
  400. tabpar
  401. }