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

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APPENDIX. 265<br />

specifeit, at two tearmes in the yeer, Witsonday and Mertinmesse, be equall<br />

portiones, if it be required allennarly, and that for all other diuty or diu seruice<br />

th l I or my forsaids haue to craue <strong>of</strong> her ; And I, the said Sir Thomas, binds and<br />

obledges me and my forsaids to warrand this, my present tacke, in all the heads,<br />

clauses and conditiones ther<strong>of</strong>, to the said D. Jeane, during her lyf tyme, contrar<br />

all deadly, be this my assedation, written be my selfe, and subscribed w l<br />

owen hand at Leyis, the tuannty seauenth day <strong>of</strong> Nouember, im vi c<br />

fyftie two<br />

yeers, before witnessis, Sir<br />

1 Rob Douglasse <strong>of</strong> Tilquhilly, knycht; Mr. James<br />

Skeen <strong>of</strong> Ramoir, Alexr Burnet in Creagtoun, and Jhon Burnet in the Leyis.<br />

[3]<br />

T. BURNETT <strong>of</strong> Leyis.<br />

BE IT KEND till all men be thir presentis me, Sir Thomas <strong>Burnett</strong> <strong>of</strong> Leyis,<br />

knycht barronet, to haue sett, and in take, and assedation letten : Lyke as I be<br />

thir presentis, for me and my airs male and successouris, settis, and in tacke, and<br />

assedation for diuty vnderwritten lettis to Thomas <strong>Burnett</strong>, my eldest lauchfull<br />

sonne, begotten on my present spouse, Dame Jeane Moncriefe, and that for<br />

speciall loue and fauour, which I carie to her and her children : As lykwayes for<br />

implement <strong>of</strong> the Contract Matrimoneall betuix her and me, which is <strong>of</strong> the deate,<br />

at Carnbie, the nynt day <strong>of</strong> August, i m vi c tuanty on yeers : and for the said<br />

Thomas his full patrimony and wholl contentation <strong>of</strong> all th 1 he can craue by the<br />

deathe and deceisse <strong>of</strong> me, his father, and by the death and deceisse <strong>of</strong> his said<br />

mother (I, his said father, being on lyfTe and outliuing his said mother), All and<br />

haill the tounes <strong>of</strong> Eslie, Mulloche and Carlinholl, w l all their housses, biggings,<br />

yeardis, t<strong>of</strong>tis, cr<strong>of</strong>tes, outseatis, inseatis, pastorage, mosses, moores, w l all their<br />

seuerall partes, pendicles and pertinentis belonging or th 4 haue been in vse to<br />

belong to the saids lands : all lying w'in the Shirrefdom <strong>of</strong> Kincardin,<br />

Mearnes, and Parochen <strong>of</strong> Banchory Tarnan, and th* for all the dayes, yeers and<br />

tearmes <strong>of</strong> : nynteen yeers and efter the expiring <strong>of</strong> the samen, for the space <strong>of</strong><br />

other nynteen yeers : and after the expiring <strong>of</strong> the samen, for the space<br />

my<br />

in the<br />

<strong>of</strong> other<br />

nynteen yeers, and sua forth from nynteen yeers to nynteen yeers, so long as I,<br />

and my forsaids, shall haue any right to the forsaids landis : And if it shall happen<br />

me and my forsaids to acquire the right <strong>of</strong> reversitor <strong>of</strong> the saids lands, In that<br />

caise, I bind and obleg me and my forsaids, be thir presentis, to pay and delyuer<br />

to the said Thomas all and haill the sowme <strong>of</strong> ten thousand merkis, Scottis<br />

money, vsed, and wont for the tyme, current in the country, for outquyting and<br />

ouergiuing this his right to the saids lands, by this tacke and assedation, and all<br />

K I

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