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

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APPENDIX. 259<br />

richtis quhatsoewir quhilk he hes or sail happin to acquyre <strong>of</strong> or concerning the<br />

teind sheawis or wiccarage <strong>of</strong> the haill lands abow wretten, reservand the abow<br />

vrettin lyfrents <strong>of</strong> the lands abowereservit and als in and to all and quhatsomewir<br />

contracks, dispositions, infeftments, apprysings, inhibitions, and uthir rights <strong>of</strong><br />

and concerning the haill lands, milnes, and utheris abowe vrettin grantit to him<br />

or any <strong>of</strong> his authors, or whilks may be competent to him, <strong>of</strong> quhatsomewir<br />

decreits or contracts, clauses <strong>of</strong> warrandice and all utheris therin containit, and to<br />

all actione, persuite, and instance quhilk is or may be competent be vertew<br />

ther<strong>of</strong>, and serve for the corroboratione <strong>of</strong> the heritable rycht <strong>of</strong> the lands, milnes<br />

and utheris forsaids. It is specialle aggreit that during the not marriage <strong>of</strong> one<br />

<strong>of</strong> the saidis sisters in maner abow vrettin that the said Sir Thomas Burnet and<br />

his forsaids, efter deceas <strong>of</strong> the said Mr. William, sail hawe full right and titill<br />

<strong>of</strong> setting and raising <strong>of</strong> the lands, milnes and utheris forsaidis, outputting and<br />

inputting <strong>of</strong> tennants, uptaking <strong>of</strong> the mailes and duties, discharges giving theron,<br />

and to persew therfor as neid beis, haulding <strong>of</strong> courtis toties quoties as beis<br />

necessar, and that yeirlie, alsweill the saidis persons not being infeft and seasit as<br />

being infeft and seasit, <strong>with</strong> full and frie jurisdictione <strong>of</strong> bailzieries and <strong>of</strong>fice <strong>of</strong><br />

chalmerlaurie for that effeck, and the saids yeirlie duties to be furthcommane to<br />

any <strong>of</strong> the saids sisters, the said Sir Thomas sail think meitt to helpe and provyde<br />

ther<strong>with</strong>, to quhais discretione, visdome and consideratione the samyn is referrit<br />

heirby, and the saidis bairnes to him as their parent. Lykas the said Sir Thomas<br />

Burnet obleiss him and his foresaids at the next terme efter the marriage betwixt<br />

aither <strong>of</strong> the saidis sisters <strong>with</strong> any <strong>of</strong> the saids three brethren to pay to the said<br />

Mr. William, his aires, executors or assignayes the sowme <strong>of</strong> five thowsand marks<br />

monie, and if he leive tuo yeirs after the dait heir<strong>of</strong>f, to pay to him and his<br />

forsaids the sowme <strong>of</strong> thrie thowsand marks monie, and if the said Mr. William<br />

leive three yeirs onlie, the sowme <strong>of</strong> tuo thowsand marks at the next terme after<br />

the said marriage, and that by and attour the sowme <strong>of</strong> fyve thowsand marks<br />

obleist be the said Sir Thomas in maner abow mentionatt, quhilks sowmes obleist<br />

to the said Sir Thomas sal be in the said Thomas Burnet, if he outleive his said<br />

father and marrie one <strong>of</strong> the saids sisters, in part <strong>of</strong> payment <strong>of</strong> ten thowsand<br />

punds oblist be the said Sir Thomas to the airs <strong>of</strong> his marriage <strong>with</strong> his saids<br />

spous be their contrack matrimoniall, and in caice <strong>of</strong> the said Thomas his deceis<br />

before his said father, the samen sal be alwayes to the said William Burnet or<br />

James Burnet, quha beis air <strong>of</strong> the said mariage outleiving the said father and<br />

mareing any <strong>of</strong> the saids tuo sisters, in part <strong>of</strong> payment <strong>of</strong> the said ten thowsand<br />

punds obleissit be the same contrack protanto. And for the better securitie for<br />

fulfilling <strong>of</strong> all the saids conditions the saids parteis are content, and consents<br />

that thir presents be insert in the buikis <strong>of</strong> counsall, commissar, or schireff buiks

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