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The family of Burnett of Leys, with collateral - Electric Scotland

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86 TUK FAMILY OF BURNETT OF LEYS.<br />

On $th March, 1700, Sir Thomas entailed his whole lands on a series<br />

<strong>of</strong> heirs male, only bringing in his own heirs female on the failure <strong>of</strong><br />

the whole series <strong>of</strong> descendants <strong>of</strong> the first baronet, and <strong>of</strong> his brothers,<br />

James <strong>of</strong> Craigmyle and Robert* While there were the usual irritant<br />

and resolutive clauses, the entailer reserved to himself power to alter or<br />

cancel. <strong>The</strong> deed was recorded in the Register <strong>of</strong> Tailzies soon after its<br />

date ; but, as the original was not found on Sir Thomas' death,<br />

it was<br />

held by the Court, in 1720, that he must be presumed to have cancelled it.<br />

<strong>of</strong> the affairs <strong>of</strong><br />

Whatever may be said <strong>of</strong> Sir Thomas' management<br />

the country, or <strong>of</strong> the Arbuthnot <strong>family</strong>, he cannot be acquitted <strong>of</strong> a<br />

reckless expenditure in his own concerns that brought them into a state<br />

<strong>of</strong> great confusion. That he had some time before his death become<br />

conscious that his affairs were in a very embarassed condition is indicated<br />

by provisions in one <strong>of</strong> the settlements made by him on his daughter-inlaw<br />

(in 1705) for the contingency <strong>of</strong> the total exclusion <strong>of</strong> his eldest son<br />

from the succession.<br />

Sir Thomas died, January, 1714; his widow outlived him 30 years,<br />

dying at Aberdeen in July, 1744, aged 82.<br />

XVI.<br />

SIR ALEXANDER BURNETT OF LEYS, 4th BARONET (1714-1758).<br />

Born in 1679, Alexander <strong>Burnett</strong>, younger <strong>of</strong> <strong>Leys</strong>, married, in 1697, at<br />

the age <strong>of</strong> eighteen, Helen, eldest daughter <strong>of</strong> the then deceased Robert<br />

<strong>Burnett</strong> <strong>of</strong> Cowtoun, who had been guardian <strong>of</strong> his father in pupillarity<br />

and minority.<br />

<strong>The</strong> "Tutor <strong>of</strong> <strong>Leys</strong>," who has been already alluded to, is so much<br />

mixed up <strong>with</strong> the affairs <strong>of</strong> the head <strong>of</strong> the '<strong>family</strong>, that, though his<br />

proper genealogical place is later, some account <strong>of</strong> him is due here. His<br />

father, James <strong>Burnett</strong>, immediate younger brother <strong>of</strong> the 1st Baronet <strong>of</strong><br />

S, acquired Craigmyle and other considerable estates by marriage.<br />

Robert was born in 1620, apparently at Muchalls ; and, though but a<br />

fourth son, seems to have had a considerable patrimony. He acquired<br />

* <strong>The</strong> genealogical order <strong>of</strong> succession is strictly observed, <strong>with</strong> one exception the omission<br />

<strong>of</strong> the laird <strong>of</strong> Sauchen. Yet hi- and his son, as long as the line <strong>of</strong> Sauchen subsisted, were<br />

heirs male and heirs to the baronetcy.

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