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

DEESIDE BURNETTS : XVII. SIR ROBERT. 95
service as heir male and of line. He survived his father little more than
a year, dying unmarried in August, 1759.
George Burnett of Kemnay, on behalf of his son, then abroad as
Charge d' Affaires at the Court of Berlin, claimed the succession so ; did
Sir Thomas, the new Baronet, son of William Burnett of Criggie, who
was now dead. Both were at Crathes at Sir Robert's funeral and ; it is
said that each, regarding the other as his guest, treated him with the
most polite hospitality. This, however, could not last ; and, one day,
Kemnay locked up the Castle, and carried off the great door key, which
has ever since remained in possession of his descendants. Then came a
protracted lawsuit, or rather three lawsuits, between the heir male and the
heir of line. Robert Aberdein, the junior heir-portioner, appears nowhere
in the proceedings, as he had settled any claim that he could make by a
compromise with Sir Thomas. One of Kemnay's
suits was founded on
Sir Alexander's title by adjudication. The ^"40,000 Scots settled on
Sir Alexander as a surrogate for Cowtoun was payable to his heirs and
assigns, and these, it was pleaded, gave
the heir of line a claim on the
estates, even supposing them to be carried in virtue of Sir Alexander's
service cum beneficio inventarii to the heir male. Then the fee of a large
portion of the estate, including Crathes, had been conveyed by Sir
Alexander to his son Robert and his heirs whatsoever. A separate
claim was made as to Standingstones, conveyed by Sir Alexander
to his son Robert, his heirs and assigns, and conveyed by Sir Robert,
during his short period of possession, to his nephew, Alexander
Burnett, his heirs and assigns, by a disposition originally meant to confer
a vote. But seven days before his death, the back-bond being unsigned,
Sir Robert gave a mandate to his factor that the conveyance should be
made absolute, and the intended back-bond should not be granted. The
three cases were hotly litigated in the Court of Session, and decided in
favour of the heir male. That, founded on the title by adjudication, was
carried by appeal to the House of Lords, and the judgment of the Court
below affirmed on soth April, 1766, with costs. The key was doubtless
soon replaced by Sir Robert Burnett, but the original remains at Kemnay,
like the hunting horn at Crathes, a symbol or memento of as shortlived
a possession of Crathes Castle as Alexander Burnard's was of the
forestership of Drum.