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

whomPUBLIC RECORDS—SCOTLAND. 37'provision therein mentioned and in the order above specified), resigned into the hands of the Great SealLords of His Majesty's Exchequer, in favour of and for new infet'tment thereof to be made to the Registersaid John Wedderburn, eldest lawful son and heir of taillie and provision served and retoured to thesaid Charles Wedderburn his father, before the Bailies of Ediuburgh on 20th July last, and to theheirs male of his body ;failing to the daughters or heirs female of his body ; whom failing tothe other heirs of taillie in the order of substitution before written ; under the provisions, conditions,and irritancies, relative to heirs female succeeding without division and their husbands assumingthe Surname of Wedderburn and bearing the arms, &c , of the Family of Wedderburn of Gossford.And because in virtue of an Obligation of Taillie of the lands and estate of Pitfirran made by thesaid late Lady Janet Halket with consent of her said husband, of date 9 September 1706, the landsand estate of Pitfirran (failing the said Sir Peter Halket now of Pitfirran and the heirs of his body)are provided to the heirs of the body of the said late Charles Wedderburn ; whom failing to theother heirs of taillie and provision therein expressed; whence it may happen that the estates ofPitfirran and Gossford and the right of succession to them shall fall, devolve, and coincide in one amithe same person, and whereas the proposal and intention of the said late Sir Peter Halket and LadyJanet Halket his spouse in the said Taillies of the said Estates was to conserve the said Familyand Estate of Gossford separately and disjoined from the Estate and Family of Pitfirran shouldthere happen to be more than one descendant of their bodies existing at the time of the said union,Therefore it is specially provided and declared, that if failing the said Sir Peter Halket now of Pitfirranand the he ; rs of Ins body, it should happen that the said Estates should coincide and unite in theperson of the said John Wedderburn, then and in that case it shall be in his option to preserve, holdand retain his right and possession of the said Estate of Gossford ;in which case he shall be heldbound to denude himself, in the most convenient manner, of the said Estate of Pitfirran and of allother lauds and heritages contained in the Taillie thereof in favour of the nearest son of the saidSir Peter Halket his grandfather, and the other heirs of taillie and provision substituted to him : withand under the conditions, provisions, &c, contained in the said Taillie of the lands of Pitfirran. On theother hand, if it should please the said John Wedderburn to enter to the right and possession of thesaid estate of Pitfirran and others contained in the foresaid Taillie thereof ; iu that case he shall beheld bound to denude himself of the estate of Gossford, from the date of his succession, in favour ofthe said nearest sou of the said deceased Sir Peter Halket his grandfather, and of the other heirssubstituted to him in the said Taillie of Gossford ;which choice the said John Wedderburn is heldbound to make within one year and day after his accession ; otherwise the right of succession to thesaid estate of Pitfirran and all lands, etc. contained in the Taillie thereof shall devolve, aecresceand pertain to the said nearest son of the said Sir Peter Halket and the heirs of the said estate ofPitfirran. In like manner if the said estates should happen to be united in the person of any othersou procreated of the marriage between the said Sir Peter Halket and Lady Janet Halket his spouse,the said son shall be held bound to make choice of the one, and denude himself of the other estate,in favour of his immediate younger brother german, and failing such brother germau, in favour ofhis eldest sister germau and the other heirs of taillie and provision substituted in virtue of theTaillie of said estate : and failing of heirs male of the foresaid marriage the conditions foresaid toremain applicable to any daughter of the said Sir Peter succeeding as aforesaid ; moreover, in case ofone only descendant having one son and oue daughter or more the said son shall have choice anddenude in favour of the eldest daughter ; without prejudice to the said only descendant of the saidlate Sir Peter Halket, and his said spouse, enjoying both the said estates during his lifetime.141. 1762. Feb. 23.—Charter of resignation (Edinburgh) in favour of John Wedderburnof Grosford, Esq., his heirs and assignees whomsoever heritably and irredeeaiably,of the lands of Balmule, moor, manor-place, and mill of Balmule ; town andlands of Loohend, Craigdukie, Wester Lusear, Eviot, &c. in the parish of Dunfermlineand shire of Fife ; resigned by John McFarlane, W.S., to the Lords of theExchequer, in favour of and for new infeftment of the same to the said John Wedderburn,conform to procuratory in disposition dated 15 Feb. 1762. (evi, 60, fol. 94.)142. 1766. Aug. 6.— Charter of resignation (Edinburgh) in favour of John Wedderburn,Esq., residing in Hanover in the Island of Jamaica, eldest son of the late SirJohn Wedderburn of Blackness, Baronet, procreated between him and Lady JeanFullarton, his spouse, and the heirs male of his body, whom failing to James Wedderburnhis brother german, second sun of the said Hr John Wedderburn, and theheirs male of his body, whom failing to Robert Wedderburn of Persie, brothergerman of the said deceased John Wedderburn, and after his decease to JohnWedderburn his eldest lawful son and the heirs male of his body, whom failing toCharles Wedderburn, second lawful son of the said Robert Wedderburn, and theheirs male of his body, whom failing to any other son procreated or to be procreatedof the body of the said Robert Wedderbimi, whom failing to Alexander Wedderburn,eldest son of Thomas Wedderburn, collector of excise at Inverness, alsobrother german of the said Sir John Wedderburn, and the heirs male of his body,whom failing to John Wedderburn, second son of the said Thomas Wedderburnand the heirs male of his body, whom failing to any other son procreated or to beprocreated of the said Thomas Wedderburn and the heirs male of his body in fee,whom failing to the heirs and assignees whomsoever of the deceased John Wed-3a