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

—andwhom—"148 THE WEDDERBURN BOOK.Papers Col- 75. Commission of John Wedderburn to be an ensign in Colonel Hine's regiment of footlectedby^ raised or to be raised in the parish of Hanover, Jamaica. Dated 28 March 1765, andburn 1819-89.signed by Wm. Hy. Lyttleton, Captain General and Governor of Jamaica.76. Commission of John Wedderburn to be a lieutenant in Col. Myrie's Westmorelandregiment of foot, Jamaica. Dated 27 August 1776. Signed by Sir Basil Keith, Knt.,Captain General and Governor of Jamaica.77. Commission of John Wedderburn as aide-de-camp (with the rank of Lieut-Colonel) toJohn Dalling, Governor of Jamaica. Dated 20 Nov. 1778. Signed by the Governor.78. Burgess ticket of James Wedderburn of London (eldest son of John Wedderburnof Spring Garden) as burgess of Forfar, 30 May 1807.79— 84, Documents Relating to the Wbdderbukns of Gosford, afterwardsHalketts of Pitfirrane.79. Letter from Sir Peter Wedderburn of Gosford to Lord . Dated 20 Feb. 1666.This is printed at length, and a facsimile of it given in the account of Sir Peter in vol. I.80. Four printed law papers in a suit by Sir Peter Halkettof Pitfirrane and his curatorsad litem v. John Wedderburn of Gosford, Captain Henry Wedderburn and others,defenders, in regard to the succession to Pitfirrane and Gosford, under the deed oftailzie of 1706, and in the circumstances of the lunacy of Sir Peter. These papersare as follows :(u) "Nov. 6, 1761. Information for Sir Peter Halket of Pitfirreu, Baronet, and his curatorsad litem, pursuers, against Captain John Wedderburn, Captain Henry Wedderburn, and othersdefenders."The following are extracts from this information :" The deceased Sir Peter Wedderburn of Gosford, and Dame Janet Halket of Pitfirreu, his wifedid, in the year 1706, Sept. 9, execute two entails of their respective estates, of the same date andin effect, of the same tenor, mutatis mutandis.By the tailzie of Pitfirreu Dame Janet Halket, grants the estate of Pitfirreu hi favour ofthemselves, and the longest liver, in liferent ;and to Peter Wedderburn, their eldest son, in fee andthe heirs-male of his body ;whom failing, to the daughters or heirs-female of his body, withoutdivision ; whom failing, to Charles Wedderburn, their secoud son, and the heirs-male of his body;and thereafter to a series of other substitutes.The tailzie contains an obligation upon the heirs to take the name and arms of the family underan irritancy ; and recites the tailzie made by Sir Peter of lus lands of Gosford to Charles Wedderburn,his second son, and the heirs male and female of his body, and other substitutes ; and that itwas their joint intention, that the two estates should be kept separate. And therefore it is providedthat in case the estates shall happen to coincide, and be united in the person of Charles Wedderburnhis second son, through the decease of his elder brother Peter without issue, then it should be in theoption of Charles, either to retain the estate of Gosford ; in which case he shall be obliged to denudehimself of the estate of Pitfirren, in favour of James, his immediate younger brother, and the otherheirs substitute or otherwise ;or it should be lawful to Charles to enter to the right and possessionof the estate of Pitfirreu ; in which case he shall be obliged to denude lumself of the estate of Gosfordin favour of the said James, and the other heirsOf the same date with the above tailzie of the lands of Pitfirren, Sir Peter Halket executed atailzie of his estate of Gosford, in favour of himself in liferent, and Charles Wedderburn, his secondson, in fee, and, the heirs-male of his body;failing, to the daughters or heirs female of hisbody successive, without division ; whom failing, to James Wedderburn, his third lawful son and theheirs-male of his body ;failing them, to the other substitutes therein mentioned. And thistailzie contains clauses of the same tenor as above recited, from the tailzie of Pitfirren, to providefor the separation of the two estates, in case they should be united in the person of Charles Wedderburn,or of any of Sir Peter's children or grandchildren, or other heirs of tailzieThe said Peter Halket afterwards intermarried with Lady -Emilia Stewart ; and, by contract ofmarriage of this date, Feb. 15, 1738, he became bound, with his father's consent, to resign the estateof Pitfirren in favour of the heirs-male of that marriage, and the heirs of their bodies, and the otherheirs-substitutes of the tailzie 1706, under the provisions, conditions, limitations and restrictionstherein contained.Of this marriage three sons were procreate, Peter, Francis, and James ; and though Sir Peterwas bound by the tailzie 1706, as well as by his own contract of marriage 1738, not to do any fact ordeed whatsoever, directly or indirectly, to alter or innovate that tailzie in the order of successionyet he thought fit, in the year 1751, (Oct. 14;, to make a new settlement of the estate, in which hegranted the same " in favour of himself ;and failing him by decease, to Francis Halket, his secondson, and the heirs whatsoever of his body without division ;whom failing, to James Halket, his 3rdson and the heirs whatsoever of his body without division ; whom failing to any other sons or heirsmaleto be procreate betwixt him and Lady ^Emilia Halket, and the heirs of their bodies withoutdivision &c. ; whom all failing, to the other heirs of tailzie, &e. destinate and appointed to succeedby the deed of tailzie, dated 9th September 1706."