The Wedderburn book. A history of the ... - waughfamily.ca

——98 THE WEDDERBURN BOOK.Blackness of 16,000 merks, counting the aforesaid 14000 m. "in the first end thereof," and to lay out the samePapers. on land or annualreut, by advice of Alexander Wedderburn of Easter Powrie, the said John Wedderburn,Patrick Kyd of Craigie and William Kyd of Woodhill " freiudis nominat be the said JamesWedderburne for his part," and of George Broune of Westhorne, the said Robert Davidsone, WilliamWatson and William Rait, late bailies of Dundee, "freindis nominat" by the said Elizabeth for herpart. For which cause the said Sir Alexander and John Wedderburn become bound to pay to thesaid James the sum of 8000 merks, and that " by and attoure the ludging or great tenement of land "lying on the south side of the Nethergate of Dundee, presently possessed by the said Sir Alexander,wherein he has already provided and infeft the said James his son in fee ; which 8000 merks andtenement shall be to him in full satisfaction of all he might claim through the decease of the saidSir Alexander his father or of Dame Matilda Fletcher his mother, or of either of them. And thesaid Robert Davidsone becomes bound to pay to the said James Wedderburn in name of " dote andtocher good," with the said Elizabeth his sister, the sum of 7500 merks ; and also to infeft the saidJames and Elizabeth in conjunct fee and the heirs of the marriage heritably, in "that malthous,kill, coble and pertinents " sometime belonging to Janet Howatt, and disponed by her to the saiddeceased Robert Davidsone of Balgay, lying in Dundee, on the uorth side of the Seagate ; whichsum of 7500 merks, and malthouse etc. the said Klizabeth accepts in full satisfaction of all thatmight accrue to her by the decease of her said father or of her mother.(Three pieces of paper joined together to form one long strip, the last piece a good deal torn.)19. 1725. April 22.— Contract of marriage of Sir John Wedderburn, fifth baronet ofBlackness, and Jean Fullarton.This document is signed by John Wedderburn, Jean Fullarton, Sir AlexanderWedderburne, John Fullarton, and by the following witnesses, Alex. Read ofTurfbeg, William Fullarton, eldest lawful son to the said John Fullarton, JamesJohnston, writer in Dundie, and Patrick Johnston, his second lawfull son.The document is endorsed "Contract of marriage betuixt John Wedderburn andMrs. Jean ffullarton 1725," and below this is a second endorsement "Blackness &c.27th June 1737, betuixt 4 and 5 afternoon Pat. Scott, shipmaster in Dundee, Baillie,gave sasine to Wm. Fullarton of that ilk, as acturney for Mr. Wedderburn and hislady, of the within annuities &c. Witnesses Wm. Scott, merchant in Dundee, andWm. Winter, residenter there, P.O. N.P." The contract begins thus :" At ffullarton the 22 day of .Aprille 1725, betuixt John Wedderburn eldest lawfull son to SirAlexander Wedderburn of Blackness with the speciale advice and consent of his said father, and thesaid Sir Alexander for himself on the one part And Mistress Jean ffullerton eldest lawfull Daur toJohu ffullerton of that ilk now spouse to the said John Wedderburn with the speciall advice andconsent of the said John ffullerton her fayr." It recites that though the spouses are already marriedthere is hitherto no contract betwixt them securing a jointure for the wife or provision for thechildren, nor security given to the husband for the tocher of his wife, and that therefore now SirAlexander charges his land and barony of Blackness etc. in favour of the said wife with an annuityof " twelve hundred merks Scots " during the lifetime of Dame Catherine Scott his spouse and afterher death with an annuity of £1000. He also binds himself to infeft and sease the said spouses in hislifetime in an annuity of ill 000 charged ou Blackness and he settles on the heirs male of his said sonJohn, by this or any other marriage, whom failing, ou the heirs female of the said John by this orany other marriage " the eldest alwise succeeding without division and marrieing a gentleman of thename of Wedderburn or such as shall assume the name and use and bear the arms of Weddei'burnof Blackness", whom failing, on his own heirs or assigns, (a) The lands and barony of Blacknessas comprehended in a charter under the Great, Seal in favour of Alexander Wedderburn grandfatherof the said Sir Alexander and dated 4 July 1666. (6) The lands and barony of Pitarrow in warrandiceof the said lands of Blackness, (c) certain lauds in the Westfield of Dundee purchased by hissaid deceased grandfather, and now belonging to Sir Alexander upon a charter of resignation underthe Great Seal made by Sir John W. of Blackness and dated 26 July 1722. The tocher of JeanFullarton is 8000 merks.(Twelve pages of foolscap, originally sewn bookwise. At the foot of each page are the signaturesof the spouses and their respective fathers.)20. 1780. Dec. 22.—Extract from the sheriff court books of Perth of the registered(2 Sept. 1794) contract of marriage (dated at Edinburgh 22 Dec. 1780) betwixt SirJohn Wedderburn of Ballindean, baronet, and Miss Alicia Dundas, second lawfulldaughter of the deceased James Dundas of Dundas.It charges the lands of Ballindean and Balledgarno (now called the half lands ofBallindean) with an annuity in favour of the wife. Sir John's contract of marriagemade on his first marriage is referred to, but no details of it are recited.(Sixteen pages of foolscap.)21. 1800. Oct. 10.—Bond of annuity (additional to that contained in the said contractNo. 20) by Sir John Wedderburn, Bart., in favour of Alicia Dundas his wife. Datedat Dundee. (One sheet of foolscap.)