tab KNOW ALL MEN BY THESE PRESENTS US MRS KATHARINE SUTHERLAND
par
tab OR MACKENZIE RELICT OF THE DECEASED COLONEL ROBERT
MACKENZIEpar
tab SOMETIMES IN THE SERVICE OF THE HONOURABLE EAST INDIA
COMPANY par
tab AND CAPTAIN GEAORGE SACKVILLE SUTHERLAND RESIDING AT RHIVES
par
tab WHEREAS THE SAID DECEASED COLONEL ROBERT MACKENZIE BY
par
tab DISPOSITION AND DEED OF SETTLEMENT BEARING DATE THE
26/11/1802par
tab AND RECORDED IN THE BOOKS OF COUNCIL AND SESSION ( OFFICE
W.B. )par
tab THE 30/07/1809 GAVE GRANTED AND DISPONED TO AND IN FAVOUR
OF par
tab ALEXANDER MACKENZIE HIS ELDEST LAWFUL SON WHOM FAILING AS
par
tab THEREIN MENTIONED UNDER THE CONDITION AND WITH THE
PROVISIONSpar
tab THEREIN EXPRESSED ALL ESTATE AND EFFECTS REAL AND
PERSONALpar
tab HERITABLE AND MOVEABLE THAT SHOULD PERTAIN AND BELONG TO
par
tab HIM AT THE TIME OF HIS DEATH AND HE NOMINATED AND
APPOINTEDpar
tab THE SAID ALEXANDER MACKENZIE WHOM FAILING THE PERSONS
THEREINpar
tab MENTIONED TO BE HIS SOLE EXECUTERS AND MOREOVER AS HE
JUDGEDpar
tab IT PRUDENT TO NAME TUTORS AND CURATORS TO THE SAID
ALEXANDERpar
tab MACKENZIE HIS SON AND TO ANY OTHER CHILD OR CHILDREN WHO
par
tab MIGHT BE PROCREATED OF THE MARRIAGE TWIXT HIM AND ME THE
SAIDpar
tab MRS KATHARINE MACKENZIE AND HAVING ENTIRE
CONFIDENCEpar
tab IN US THE SAID MRS KATHARINE MACKENZIE AND GEORGE
SACKVILLEpar
tab SUTHERLAND AND IN cf1 COLONEL LEWIS GRANT OF ACHINOCH
LATEpar
tab IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANYpar
tab CAPTAIN CHARLES GRANT IN THE SERVICE OF THE
HONOURABLEpar
tab EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT COLONELpar
2.
tab WILLIAM DUNCAN IN THE SERVICE OF THE HONOURABLE EAST
par
tab INDIA COMPANY CAPTAIN HENRY WHITE IN THE SERVICE OFpar
tab THE SAID COMPANY AND SOMETIME AID DE CAMP TO THE
MARQUISpar
tab WELLESLY AND COLIN MACKENZIE WRITER TO THE SIGNETpar<
/li>
tab ONE OF THE PRINCIPAL CLERKS OF SESSIONcf2 HE THEREFOR
NOMINATEDpar
tab APPOINTED US AND THE SAID LEWIS GRANT CHARLES GRANT
WILLIAMpar
tab DUNCAN HENRY WHITE AND COLIN MACKENZIE AND THE
ACCEPTINGpar
tab SURVIVORS OR SURVIVOR OF US AND THEM TO BE TUTUTORS
ANDpar
tab CURATORS TO THE SAID ALEXANDER MACKENZIE HIS SON
ANDpar
tab TO SUCH OTHER CHILD OR CHILDREN AS MIGHT BE
PROCREATEDpar
tab OF THE SAID MARRIAGE DURING THE WHOLE PERIOD OF
THEIRpar
tab RESPECTIVE PUPILLARITIES AND MINORITIES DECLARING THAT
THEpar
tab MAJORITY OF THE PERSONS THEREIN AND ABOVE NAMED
ACCEPTINGpar
tab AND ALIVE AT THE TIME OR ANY ONE OF THEM ACCEPTING
ANDpar
tab SURVIVING THE REST SHOULD BE A QUORUM AND WHEREASpar<
/li>
tab THE SAID LEWIS GRANT CHARLES GRANT WILLIAM DUNCANpar<
/li>
tab HENRY WHITE AND COLIN MCKENZIE HAVE DECLINED TO
ACCEPTpar
tab OR ACT FOR THE NOMINATION OF TUTORS AND CURATORS IN
NAMEpar
tab ABOVE NARRATED SO THAT THE SAID MRS KATHARINE
MACKENZIEpar
tab AND GEORGE SACKVILLE SUTHERLAND ARE THE ONLY
ACCEPTINGpar
tab TUTORS NOMINATE OF THE SAID ALEXANDER MCKENZIE AND
OFpar
tab ELIZABETH BAILLIE MCKENZIE MARGARET SUTHERLAND
MACKENZIEpar
tab AND JAMES SUTHERLAND MACKENZIE THE YOUNGER CHILDRENpar
tab OF THE SAID COLONEL ROBERT MACKENZIE PROCREATED OF
HISpar
tab SAID MARRIAGE ALL OF WHOM ARE MINORS WHITHIN THE YEARS
OFpar
tab PUPILLARITY AND ON ENTERING ON THE ADMINISTRATION AND
par
tab MANAGEMENT OF THE ESTATE WHICH PERTAINED TO THE SAID
par
tab COLONEL ROBERT MACKENZIE BEHOOF OF OUR SAID PUPILS AS
TUTORSpar
tab FORSAID WE FIND IT NECESSARY FOR THE PURPOSE OF SPEEDILY
ANDpar
tab EFFECTUALLY EXTRICATING THE SAME BY PAYMENT OF THE
DEBTSpar
tab DUE BY THE SAID DECEASED COLONEL ROBERT MACKENZIE
ANDpar
tab INVESTING THE RESIDUE OF THE SAID ESTATE IN THE MANNER
MOSTpar 3.
tab BENIFICIAL FOR OUR SAID PUPILS AND ALL OTHERS
CONCERNEDpar
tab TO ASSIST A FIT PERSON TO BE OUR AGENT AND FACTOR WITH
par
tab POWER TO INTROMIT WITH THE SAID ESTATE AND AFFECTS
FORpar
tab US AND IN OUR NAMES AS TUTORS FORESAID AND HAVING
ENTIREpar
tab CONFIDENCE IN THE CAPACITY AND INTEGRITY OF JOSEPH
GORDONpar
tab WRITER TO THE SIGNET THEREFOR WE HAVE NOMINATED
CONSTITUTEDpar
tab AND APPOINTED US WE DO HEREBY NOMINATE CONSTITUTE
ANDpar
tab APPOINT THE SAID JOSEPH GORDON TO BE OUR AGENT ANDpar<
/li>
tab FACTOR GIVING GRANTING AND COMMITTING POWER TO HIMpar<
/li>
tab FOR AND IN NAME OF THE SAID ALEXANDER MACKENZIE ANDpar
tab FOR US AND IN OUR NAMES AS TUTORS FORESAID TO INTROMIT
WITHpar
tab AND ENTER ON THE POSSESSION AND MANAGEMENT OF THE
WHOLEpar
tab ESTATE AND EFFECTS REAL AND PERSONAL HERITABLE AND par
tab MOVEABLE OF EVERY DENOMINATION AND WHERESOEVER
SITUATEDpar
tab WHICH PERTAINED TO THE SAID DECEASED COLONEL ROBERT
MACKENZIEpar
tab AND TO RESPECT THE SAID ALEXANDER MCKENZIE HAS NOW RIGHT IN
par
tab VIRTUE OF THE GENERAL DISPOSITION ABOVE NOMINATED TO SUE
FOR par
tab UPLIFT AND RECOVER ALL DEBTS AND SUMS OF MONEY DUE AND
ADEBTEDpar
tab TO THE SAID DECEASED COLONEL ROBERT MACKENZIE IE AND
ONpar
tab PAYMENT TO GRANT RECEIPTS AND DISCHARGE FOR THE
SAMEpar
tab WHICH SHALL BE AS VALID AND EFFECTUAL TO THE RECEIVERS
ASpar
tab IF GRANTED BY US TO SETTLE COMPOUND AND TRANSACT FOR
ALLpar
tab DEBTS CLAIMS AND DEMANDS DUE AND UNPAID FROM THEpar<
/li>
tab ESTATE OF THE SAID DECEASED COLONEL ROBERT
MACKENZIEpar
tab OR FOR WHICH THE SAID ALEXANDER MCKENZIE MAY ANY
WAYSpar
tab BE LIABLE AS REPRESENTING HEIRS AND TO PURSUE AND DEFEND
ALLpar
tab ACTIONS AT LAW THAT MAY BE NECESSARY FOR
ASCERTAININGpar
tab THE AMOUNT OF THE SAID DEBTS AND SUMS OF MONEY DUE TO THE
SAIDpar
tab DECEASED COLONEL ROBERT MCKENZIE AS WELL AS THE
SUMSpar
tab DUE AND UNPAID AFFECTING HIS ESTATE AND TO ENTER
INTOpar
tab THE GENERAL OR PARTICULAR SUBMISSIONS IN REGARD TOpar<
4. /li>
tab SUCH DEBTS CLAIMS AND DEMANDS BINDING AND OBLIGING
USpar
tab AND THE SAID ALEXANDER MACKENZIE TO ABIDE BY AND
IMPLEMENTpar
tab AND FULFIL OUR PART OF THE AMICABLE DECISIONS ANDpar<
/li>
tab DECREETS ARBITRAL TO BE PRONOUNCED IN SUCH
SUBMISSIONSpar
tab AND GENERALLY WITH FULL POWER TO OUR SAID FACTOR TO DO
par
tab EVERY OTHER THING FOR EFFECTING A SPEEDY AND
DISTINCTpar
tab ARRANGEMENT OF THE AFFAIRS OF THE SAID DECEASED
COLONELpar
tab ROBERT MACKENZIE AND BRINGING HIS ESTATE AND EFFECTS TO
THEpar
tab BEST ACCOUNT FOR BEHOOF OF THE SAID ALEXANDER
MACKENZIEpar
tab AND OUR OTHER PUPILS ABOVE NAMED THAT WE COULD DO
OURpar
tab SELVES AS TUTORS NOMINATE OR THAT IT IS LEGALLY
COMPETENTpar
tab FOR ANY FACTOR AND AGENT TO DO IN THE LIKE CASE TO
BINDINGpar
tab THEREBY AND OBLIGING US TO RATIFY CONFIRM APPROVE par<
/li>
tab WHATEVER OUR SAID FACTOR SHALL LAWFULLY DO OR CAUSE
TOpar
tab BE DONE IN THE PREMISES AND DECLARING THAT HE SHALLpar
tab NOT BE LIABLE FOR OMISSIONS BUT ONLY FOR HIS ACTUAL
par
tab INTROMISSIONS OF WHICH BY ACCEPTANCE HEREOF HE
SHALLpar
tab BE BOUND AND OBLIGED TO par
tab ACCOUNT AS OFTEN AS REQUIRED ANDpar
tab REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND
SESSIONpar
tab OR ANY OTHERS COMPETENTpar
tab AND FOR THAT PART IN FULL CONSTITUTEpar
tabpar
tab IN WITNESS WHEREOF THESE PRESENTS WRITEN UPON THIS
ANDpar
tab TWO PRECEEDING PAGES OF STAMPED PAPER BY ALEXANDERpar<
/li>
tab DUFF CLERK TO THE SAID JOSEPH GORDON ARE SUBSCRIBEDpar
tab BY US AS FOLLOWS BY US AS FOLLOWS VIZ... BY ME THE
SAIDcf1par
tab CAPTAIN GEORGE SACKVILLE SUTHERLAND AT EDINBURGH
THEpar
tab SIXTH DAY OF SEPTEMBER 1809 YEARS IS BEFORE THE SAID
ALEXANDERpar
tab STUART WRITER IN EDINBURGH AND THE SAID ALEXANDER
DUFFcf3tabtabtabtabtabtabtabtabtabtabtab cf1 AND BY ME THE SAID MRS
tab KATHARINE MCKENZIE AT MILMOUNTpar
tab THE 30/11/1809 FORSAID BEFORE THESE JAMES MACGOWANpar<
/li>
tab TEACHER AT MILLMOUNT AND JOHN MONTGOMERY POSTMASTERpar
5.
tab PARKHILL.par
par
par
tabcf4 SIGNED JAMES MACGOWANtabtabtab 30/11/1809par<
/li>
tab JOHN MONTGOMERYtabtabtabtabpar
tab ALEXANDER STUARTtabtabtabtab 26/09/1809par
tab ALEXANDER DUFFpar
tab KATHARINE MACKENZIEpar
tab GEORGE SACKVILLE SUTHERLANDcf1par
tabcf2tabpar
cf1tabcf0 GD305/1/128/17.par
par
tab IT IS CONTRACTED AGREED AND MATRIMONIALLY ENDED BETWIXT THE
par
tab PARTIES FOLLOWING VIZ. COLLONELL ROBERT MCKINZIE IN THE
SERVICE par
tab OF THE HONOURABLE EAST INDIA COMPANY ON THE ONE PART AND
MISSpar
tab KATHERINE SUTHERLAND ELDEST LAWFULL DAUGHTER OF THE DECEAST
par
tab COLL.JAMES SUTHERLAND OF UPPAT WITH THE ADVICE AND
CONSENTpar
tab OF CAPTAIN GEORGE SACKVILLE SUTHERLAND OF UPPAT HER
BROTHERpar
tab GERMAN ON THE OTHER PART IN MANNER FOLLOWING THAT IS TO
SAYpar
tab THE SAID COLL ROBERT MACKENZIE AND MISS KATHERINE
SUTHERLANDpar
tab HAVING CONCURRED A MUTUAL LOVE AND AFFECTION FOR
ONEpar
tab ANOTHER HAVE ACCEPTED AND DO HEREBY ACCEPT OF EACH
OTHERpar
tab FOR LAWFULL SPOUSES AND HEREBY BIND AND OBLIGE THEM
TOpar
tab SOLEMISE THE HOLY BONDS OF MATRIMONY WITH ALL
CONCONCIENTpar
tab SPEEDtab IN CONTEMPLATION OF WHICH MARRIAGE THE SAID COLL
ROBERTpar
tab MCKINZIE HEREBY BINDS AND OBLIGES HIM HIS HEIRS
EXECUTERSpar
tab AND SUCCESSORS TO CONTENT AND PAY TO THE SAID MISS
KATHERINEpar
tab SUTHERLAND IN THE EVENTS OF HER SURVIVING HIM AND
INDEPENDENTpar
tab OF THE ADDITION THERETO IN THE EVENT HEREIN AFTER
MENTIONEDpar
tab ALL AND HAILL OF FREE YEARLY ANNUITY OF TWO HUNDRED
POUNDSpar
tab STERLING AND THAT AT TWO TERMS IN THE YEAR
WHITSUNDAYpar
tab AND MARTINMAS BY EQUALL PORTIONS BEGINNING THE FIRST TERMS
par
tab PAYMENT THEREOF THE FIRST SUM OF WHITSUNDAY ON MARTINMAS
AFTERpar
tab HIS DECEASE FOR THE HALF YEAR PRECEEDING AND SO ON HALF
YEARLYpar
tab DURING ALL THE DAYS OF HER LIFETIME WITH A FIFTH PART
MOREpar
tab OF EACH TERM PAYMENT OF LIQUIDATE PENALTY INCREASE OF
HAILLE par
tab AND THE DUE AND ORDINARY ANNUAL RENT THEREOF
THEREAFTERpar
tab DURING THE NOT PAYMENT AND FURTHER THE SAID COLL. 6. ROBERT
par
tab BINDS AND OBLIGES HIM AND HIS FORSAID IN THE EVENT OF ONE
par
tab CHILD MALE OR FEMALE BEING PROCREATED OF THIS MARRIAGE
BETWIXTpar
tab HIM AND THE SAID MISS KATHERINE SUTHERLAND TO CONTEND
par
tab AND PAY TO SUCH CHILD THE SUM OF THREE THOUSANT
POUNDSpar
tab STERLING TWO CHILDREN MALE OR FEMALE THE SUM OF TWO
THOUSANTpar
tab POUNDS STERLING EACH AND IF THREE OR MORE CHILDREN THE
SUMpar
tab OF SIX THOUSAND POUNDS STERLING THE ELDEST CHILD TO
par
tab RECEIVE OF THAT SUM OF THREE THOUSAND POUNDS STERLING AND
par
tab THE REMAINING THREE THOUSAND POUNDS STERLING TO BE par
tab DIVIDED AMONGST THE YOUNGER CHILDREN IN SUCH
PROPORTIONSpar
tab AS THEIR FATHER AND MOTHER OR SURVIVOR OF THEM MAY
THINKpar
tab PROPER AT ANY TIME IN THEIR LIFETIME AND THAT AT AND
AGAINSTpar
tab THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER HIS
DECEASEpar
tab WITH A FIFTH PART MORE OF EACH CHILD PROVISION OF
LIQUIDATEpar
tab PENALTY IN CASE OF HAILLE AND THE DUE AND ORDINARY
ANNUALpar
tab RENT THEREOF THEREAFTER DURINGTHE NOT PAYMENT BUT
DECLARINGpar
tab THAT INTHE EVENT OF THE SAID COLL ROBERT MCKINZIES
PREDECEASING par
tab THE SAID MISS KATHERINE SUTHERLAND AND THAT THE DISSOLUTION
par
tab THE MARRIAGE BY HIS DECEASED ARE OTHERWAYS THERE
SHOULDpar
tab BE AND CHILD OR CHILDREN EXISTING THEREOF AS THE TIME
THEMpar
tab THAT CASE THE SAID COLL.ROBERT MCKINZIE PROVIDES HER IN
ANDpar
tabSHE SHALL BE ENTITLED TO RECEIVE AND IS HEREBY
EMPOWEREDpar
tab TO DEMAND AND RECEIVE THE INTEREST OF THE SAID SIX
THOUSANTpar
tab POUNDS STERLING PROVIDED TO THE CHILDREN OF THE
MARRIAGEpar
tab IN MANNER BEFORE MENTIONED DECLAIRING ALSO THAT IN THE
EVENTpar
tab OF THE DECEASE OF THE SAID COLL. ROBERT MCKINZIE BEFORE
THEpar
tab SAID MISS KATHERINE SUTHERLAND AND THAT THERE
SHOULDpar
tab BE ONE OR MORE CHILDREN OF THE MARRIAGE ENDING AT THE TIME
ANDpar
tab THAT THERE SHOULD BE A DEFICIENCY IN HIS FUNDS FOR
ANSWERING THEpar
tab SEVERAL PROVISIONS IN THEIR FAVOUR BEFORE MENTIONED AND
PAYINGpar
tab THE SAID ANNUITY OF TWO HUNDRED POUNDS STERLING TO THE
SAIDpar
tab KATHERINE SUTHERLAND YET THAT SUCH DEFICIENCY SHALL IN 7.
THEpar
tab MEANTIME FALL UPON THE CHILDREN PROVISIONS UNTILL THE
DECEASEDpar
tab OF THE SAID MISS KATHERINE SUTHERLAND AND THAT IN EVERY
EVENTpar
tab THE SUM OF FOUR THOUSAND POUNDS STERLING SHALL REMAIN
CLEARpar
tab AND UNTOUCHED FOR ANSWERING THE SAID ANNUITY DURING
ALLpar
tab THE DAYS OF HER LIFETIME AND FOR THE FURTHER SECURITY OF
THE SAIDpar
tab MISS KATHERINE SUTHERLAND FOR PAYMENT OF THE SAID
EVENTUALLpar
tab ANNUITY AND FOR THE PROVISIONS TO THE CHILDREN OF THE
MARRIAGEpar
tab BEFORE MENTION THE SAID COLL. ROBERT MCKINZIE ASSIGNS
ANDpar
tab CONVEYS AS MUCH OF THE SEVERALL SUMS OF ANNUITY
AFTERpar
tab MENTIONED WITH THE SECURITIES THEREFORE AS WILL
COMPLETELYpar
tab SATISFY AND PAY THE SAME VIZ. THE SUM OF SIXTY SEVEN
THOUSANTpar
tab EIGHT HUNDRED AND EIGHT DINA RUPEES VESTED BY ME IN
THEpar
tab EIGHTY PER CENT EAST INDIA GOVERNMENT SECURITIESpar<
/li>
tab BY SEVERAL INVESTITURES THE FIRST DATED THE 4TH DAY
OFpar
tab MAY ONE THOUSANT SEVERAL HUNDRED AND NINETY THREEpar<
/li>
tab AND THE LAST DATED THE FIRST DAY OF NOVEMBER ONE
THOUSANTpar
tab EIGHT HUNDRED YEAR ALL AS CONTAINED IN AN ACCOUNT
CURRENTpar
tab BETWIXT HIM AND MESSRS. DOWNIE AND MAITLAND HIS
AGENTSpar
tab AT CALCUTTA DATED 31/12/1800 YEARS THE FURTHER SUM OF
TWENTYpar
tab THOUSANT DIVA RUPEES VESTED BY HIM IN THE SAID
GOVERNMENTpar
tab SECURITIES BEING NUMBER FORTY EIGHT OF THE DECENNIAL
LOANpar
tab OBLIGATION DATED THE SIXTEENTH DAY OF NOVEMBER ONE
THOUSANDpar
tab SEVEN HUNDRED AND NINETY EIGHT AND ALSO STOCK TO THE
AMOUNTpar
tab OF EIGHT THOUSANT ONE HUNDRED AND FORTY ONE POUNDS
VESTEDpar
tab BY HIM IN THE THREE PERCENT CONSOLIDATED FUNDS OF
GREATpar
tab BRITAIN AND MANAGED ON HIS AMOUNT BY MESSRS. THOMAS
COUTTSpar
tab AND CO BANKERS IN LONDON CONFORM TO THEIR AMOUNT
CURRENTpar
tab WITH HIM THERE ANENT ENDING THE SIXTEENTH DAY OF MAY
LASTpar
tabAND WHICH AMOUNT ARE SIGNED BY THE PARTIES OF THIS DATE
ASpar
tab RELATIVE HERETO AND IN WHICH LAST SUM IS INCLUDED THE
SUMpar
tabOF SIX HUNDRED POUNDS STERLING VESTED IN THE SAID
FUNDSpar
tabSINCE THAT PERIOD WITH POWER TO THE SAID MISS 8.
KATHERINEpar
tab SUTHERLAND IN THE EVENT OF HER SURVIVING THE SAID
AFFIDATEpar
tab SPOUSE OUT OF BOTH ARE EITHER OF THE SAID FUNDS THE
SAIDpar
tab YEARLY ANNUITY ACCEPTS AND DISCHARGES TO GRANT
THEREFOREpar
tab AND GENERALLY EVERY OTHERTHING THEREANENT TO DO
THATpar
tab HE COULD HAVE DONE HIMSELF DURING HIS LIFETIME AND IF
SHEpar
tab SHALL JUDGE IT MORE EXPEDIENT THE SAID COLL.ROBERT
MCKINZIEpar
tab BINDS AND OBLIGES HIMSELF WHEN REQUIRED TO INVEST THE
SAIDpar
tab SUM OF FOUR THOUSANT POUNDS STERLING IN THE BRITISH
FUNDSpar
tab IN HER NAME TO---------------- THE SAID ------------- -
ANNUITY AND TO LAYpar
tab OUT THE SAME OR HERITABLE SECURITY AND TO TAKE THE
SECURITYpar
tab THEREFORE PAYABLE TO HER IN LIFERENT DURING ALL THE
DAYSpar
tab OF HER LIFETIME AND TO THE CHILDREN OF THE MARRIAGE IN
THEpar
tab EVENTS PREMENTIONED IN FEE TO ANSWER IN WHOLE OR IN
PARTpar
tab AS CIRCUMSTANCES MAY BE THEIR SAID PROVISION DECLARING
ALSOpar
tab THAT THE CHILDREN TO BE PROCREATE OF THE MARRIAGE SHALL
DURINGpar
tab THE LIFE OF THEIR FATHER BE MAINTAINED AND EDUCATED
par
tab SUITABLE O THEIR STATION BY HIM AND IN THE EVENT OF HIS
DECEASEpar
tab PREVIOUS TO THEIR ARRIVING AT THE YEARS OF MAJORITY THAT
THEIRpar
tab SAID MOTHER SHALL BE THEIR TUTORS AND CURATORS AND
SHALLpar
tab UPLIFT RECEIVE AND DISCHARGE THE INTEREST OF THE MONEYS
par
tab BEFORE PROVIDED TO THEM UNTIL THEIR ARRIVAL AT THE AGE
OFpar
tab FIFTEEN YEARS IF MALE CHILDREN ON THEIR MAJORITY ATpar
tab MARRIAGE IF FEMALE IN LIEU OF THEIR EDUCATION AND
MAINTAINANCEpar
tab AND FURTHER THE SAID COLL. ROBERT MCKINZIE IN THE
EVENTpar
tab OF THE SAID MISS KATHERINE SUTHERLAND SURVIVING HIM
ASSIGNSpar
tab CONVEYS AND MAKES OVER TO HER HEIRS AND ASSIGNEES AS
HERpar
tab OWN UNDOUBTED PROPERTY THE WHOLE HOSEHOLD FURNITUREpar
tab AND PLENISHING OF EVERY DENOMINATION BED AND TABLE
LINENpar
tab ------- AND TABLE CHINA SILVERPLATE AND IN GENERALL
EVERYpar
tab ARTICLE OF HOUSEHOLD OF FURNITURE AND PLENISHING
THATpar
tab SHALL PERTAIN AND BELONG TO HIM OR BE IN COMMUNIONpar<
9. /li>
tab BETWIXT THEM AT THE TIME OF HIS DECEASE DISPENSINGpar<
/li>
tab WITH THE GENERALITY HEREOF AND ADMITTING THE SAME
TOpar
tab BE EQUALLY GOOD VALID AND SUFFICIENT AS IF EVERY
ARTICLEpar
tab THEN BELONGING TO HIM WERE HEREIN PARTICULARY
INSERTEDpar
tab MOREOVER THE SAID COLL.ROBERT MCKINZIE HEREBY
RENOUNCESpar
tab AND GIVES UP FOR HIMSELF HIS HEIRS AND SUCCESSORSpar<
/li>
tabANY CLAIM OR TITLE HE MIGHT HAVE JURE MARITE OR
OTHERWAYSpar
tabTO ANY MONEY MEANS OR EFFECTS PRESENTLY BELONGING TO
THEpar
tab SAID MISS KATHERINE SUTHERLAND OR TO WHICH SHE MAY
HEREAFTERpar
tab HAVE RIGHT ANY MANNER OF WAY AND PARTICULARY
WITHOUTpar
tab PREDUDICE TO THE GENERALITY FORESAID TO A BOND FOR
FIVEpar
tab HUNDRED POUNDS STIRLING GRANTED TO HER BY SIR EWEN
BAILLIEpar
tab OF THE EAST INDIA COMPANY SERVICE AND TO ANY CLAIM OF
PROVISIONpar
tab MADE IN HER FAVOUR BY HEIRS AND DECEASED FATHER
DECLARINGpar
tab THE SAME HER OWN PROPERTY AND AS HER DISPOSAL IN
ANYpar
tab MANNER SHE MAY THINK PROPER WITHOUT HIS CONCENTpar<
/li>
tab ARE APPROBATION AND FURTHER THE SAID COLL.ROBERTpar<
/li>
tab MCKENZIE DISPONES CONVEYS AND MAKES OVER FROM HIM HIS
HEIRSpar
tab AND SUCCESSORS TO AND IN FAVOUR OF THE SAID MISS
KATHERINEpar
tab SUTHERLAND HIS AFFIDATE SPOUSE HIS HEIRS ASSIGNEES
WHOMSOEVERpar
tab UNDER THE BURDEN OF THE PAYMENT OF THE YEARLY FEU DUTY
PAYABLEpar
tab OUT THEREOF HERITABLE AND IRREDEEMABLE ALL AND HAILLE
THATpar
tab HOUSE LYING IN THE VILLAGE OF NEW TARBET CALLED
MILMOUNTpar
tab CALLED MILLMOUNT WICH THE GARDEN BACK CLOSE par
tab AND WHOLE PARTS PENDICLES AND PERTINENTS THERETO
BELONGINGpar
tab BOUNDED ON THE WEST BY THE HIGH ROAD LEADING
THROUGHpar
tab MILMOUNT AND ON THE SOUTH BY THE WATER --- OR AS
THEpar
tab SAME MAY BE OTHERWAYS BOUNDED AND DESCRIBED IN HIS RIGHTS
AND par
tab INFEFTMENTS THEREOF ALL LYING IN THE PARISH OF KILMUIR AND
COUNTYpar
tabOF ROSS TOGETHER WITH ALL RIGHT AND CLAIM OF RIGHT OF
PROPERTYpar
tabAND POSSESSION WHICH HE CAN CLAIM OR PRETEND THERETO ANY
MANNERpar
tabOF WAY IN WHICH HOUSE WITH THE GARDEN AND PERTINENTS 10.
BEFOREpar
tab MENTIONED THE SAID COLL.ROBERT MCKINZIE BIND AND OBLIGES
HIM HISpar
tab HEIRS SUCCESSORS TO INFEFT AND LEASE THE SAID MISS
KATHERINEtabpar
tab SUTHERLAND HIS AFFIDATE SPOUSE HERITABLE AND
IRREDEEMABLEpar
tab AND THAT BY RESIGNATION OR CONFIRMATION OR BOTH THE
ONEpar
tab WITHOUT PREJUDICE OF THE OTHER AND FOR EXPEDING THE
SAIDpar
tab INFEFTMENT BY RESIGNATION HEREBY MAKES AND
CONSTITUTESpar
tab AND EACH OF THEM CONLLIE AND SEALLIE HIS UNDOUBTED ----
par
tab AND COMMISSIONERS TO THE OFFICE UNDER WRITEN GIVING
GRANTINGpar
tab AND COMMITTING TO THEM FULL POWER WARRANT AND
COMMISSIONpar
tab FOR HIM AND IN HIS NAME TO COMPEAR HEREFORpar
tab HIS IMMEDIATE LAWFULL SUPERIORS OF THE SAID
SUBJECTSpar
tab OR THEIR COMMISSIONERS HAVING POWER TO RECEIVE
RESIGNATIONSpar
tab AND TO GRANT NEW INFEFTEMENTS THEREON AND THAT UPONpar
tabTHE GROUND THEREOF AT ANY TIME LAWFULL AND
CONVENIENTpar
tab AND THEM AND THERE WITH ALL DUE REVERENCE AND
HUMILITYpar
tabAS BECOMES PURELY AND SIMPLY BY STAFF AND BATTON AS
USEpar
tab IS TO RESIGN AND SURRENDER LIKEAS THE SAID COLL. ROBERT
MCKINZIEpar
tabHEREBY RESIGNS RENOUNCES SURRENDERS UP GIVES OVER GIVES
par
tab AND DELIVERS ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS
par
tab CALLED MILLMOUNT LYING IN THE SAID VILLAGE OF MILMOUNT OF
NEWpar
tab TARBET PARISH OF KILMUIR AND COUNTY OF ROSS AFORESAID AS
par
tab DESCRIBED AND HEREHELD AS REPEATED BREVALITIS CAUSA OR
ASpar
tab THE SAME ARE MORE PARTICULARY BOUNDED AND DESCRIBED IN HIS
par
tab RIGHTS AND INFEFTMENTS THEREOF INTO THE HANDS OF HIS
par
tab IMMEDIATE LAWFULL SUPERIORS THEREOF IN FAVOUR AND
FORpar
tab NEW INFEFTMENTS OF THE SAME TO BE MADE GIVEN AND
GRANTEDpar
tabTO THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE
SPOUSEpar
tab IN SUCH DUE AND COMPETENT FORM AS OFFERS ALL
INSTRUMENTSpar
tab AND DOCUMENTS THEREAPON TO TAKE AND GENERALLY EVERYpar
tab OTHERTHING THEREANNENT TO DO WHICH HE COULD DO par<
/li>
tab HIMSELF IF PERSONALLY PRESENT ALL WHICH HE HEREBY
PROMISESpar
tab TO HOLD FIRM AND STABLE WITHOUT RESERVATION WHICH 11.
DISPOSITIONpar
tab AND SUBJECTS THEREBY CONVEYED THE SAID COLL. ROBERT
MCKINZIEpar
tab BINDS AND OBLIGES HIM HIS HEIRS AND SUCCESSORS TO WARRANT
TOpar
tab THE SAID MISS KATHERINE SUTHERLAND HIS AFFIDATE SPOUSE
ANDpar
tab HER FORESAIDS AS ALL HANDS AND AGAINST ALL DEADLY AS
LAWpar
tab WILL AND HEREBY MAKES AND CONSTITUTES THE SAID MISS
KATHERINEpar
tab SUTHERLAND AND HER FORSAIDS HIS COMMISSIONERS AND
ASSIGNEESpar
tab NOT ONLY IN AND TO THE RENTS MAILLS AND DUTIES THEREOF IN
TIMEpar
tabCOMING BUT ALSO IN AND TO THE TITLES WRITS AND EVIDENTS
THEREOFpar
tab CONCEIVED INFAVOUR OF HIM HIS PREDECESSORS OR AUTHORS AND
WHICHpar
tabASSIGNATION ABOVE WRITEN HE HEREBY BINDS AND OBLIGES
HIMpar
tab AND HIS FORESAID TO WARRANT AS FOLLOW VIZ. IN SO FAR AS
CONCERNSpar
tab THE WRITS AND EVIDENTS AS ALL HANDS AND AGAINST ALL DEADLY
AS LAWpar
tabWILL AND IN SO FAR AS CONCERNS THE RENTS MAILLS AND DUTIES
FROMpar
tabHIS OWN PROPER FAILS AND DEEDS ALL NAMELY AND IT IS HEREBY
AGREEDpar
tabUPON BETWIX THE PARTIES THAT EXECUTION SHALL PASS HEREON AT
THEpar
tab INSTANCE OF THE SAID CAPTAIN GEORGE SACKVILLE
SUTHERLANDpar
tab ROBERT SUTHERLAND ESQ. OF THE ISLAND OF ST VINCENT AND
COLL.par
tabALEXANDER BAILLIE OF KNOCHBRACHE OR ANY ONE OR MORE OF
THEMpar
tabOR THEIR HEIRS AGAINST THE SAID COLL. ROBERT MCKINZIE
FORpar
tabIMPLEMENT AND PERFORMANCE IN FAVOUYR OF THE SAID MISS
KATHERINEpar
tabSUTHERLAND AND THE ISSUE OF THE SAID MARRIAGE OF THE
PROVISIONpar
tab AND PRESTATIONS ABOVE WRITEN CONCEIVED IN THEIR FAVOUR
ANDpar
tabDECLARING THAT THE PRESENT MARRIAGE SHOULD ABSOLVE ---
----par
tab YEARS AND DAY FROM THE SOLEMNIZATION THEREOF WITHOUT
Apar
tab LIVING CHILD BEING HEARD BUT YET THIS PRESENT CONTRACT
SHALLpar
tab SUBSIST IN ITS FULL FORCE AND EFFECT IN FAVOUR OF THE
SAIDpar
tab MISS KATHERINE SUTHERLAND ANY LAW OR PRACTICE TO THE
par
tab CONTRARY NOTWITHSTANDING AND THEY CONSENT TO THEpar<
/li>
tab RESIGNATION HEREOF IN THE BOOKS OF COUNCIL AND
SESSIONpar
tab OTHER COMPETENT THEREIN TO REMAIN FOR PRESERVATIONpar<
/li>
tabAND IF NEED BE THAT ALL EXECUTION NECESSARY MAYpar< 12.
/li>
tab PASS AND BE DIRECT HEREIN AS OFFERS AND THERETOpar<
/li>
tab THEY CONSTITUTE THEIR PROCULATORS AND COMMISSIONERSpar
tab ALL TO THE EFFECT THE SAID MISS KATHERINE
SUTHERLANDpar
tab MAY BE INFEFT AND LEASED IN THE SAID HOUSE GARDEN AND
par
tab PERTINENTS THE SAID COLL.ROBERT MCKINZIE HEREBY DESIRES
ANDpar
tab REQUIRES YOU AND EACH OF YOU CONLLIE AND SEALLIE HIS
BAILLIESpar
tab IN THAT PART HEREBY SPEEDILY CONSTITUTE THESE
PRESENTSpar
tab -------- PASS TO THE SAID SUBJECTS AND THERE GIVE AND
DELIVERpar
tab TO THE SAID MISS KATHERINE SUTHERLAND HERITABLE
STATEpar
tab AND SASINE REAL AND ACTUALL AND CORPOREAL
POSSESSIONpar
tab OF ALL AND HAILLE THE HOUSE GARDEN AND PERTINENTS
BEFOREpar
tab DESCRIBED OR AS THE SAME ARE MORE PARTICULARY DESCRIBED
par
tab IN HIS RIGHTS AND INFEFTMENTS THEREOF AND HERE HELDpar
tab AS REPEATED BREVITATIS CAUSA CALLED MILLMOUNT IN
THEpar
tab SAID VILLAGE OF MILLMOUNT OF NEW TARBET PARISH OF
KILMUIRpar
tab AND COUNTY OF ROSS WITH THE WHOLE PARTS PENDICLES
ANDpar
tab PERTINENTS THERETO BELONGING AND THAT BY DELIVERING
par
tab TO THE SAID MISS KATHERINE SUTHERLAND OR HER
ATTORNEYpar