Decreet, 29 December 1698, Edinburgh

Att Edinburgh the tenth day of May J^aj vi^c nyntie eight yeirs

D1698/5/2

D1698/5/2¹

Act

Act Jennet Stewart

Anent the petitione given in to the Lords of his majesties privie Counsell be Jennet Stewart relict of the deceast Henry Townes in Boghead Liveing in the paroch of Innerkeiller wnder The Earle of Nothesque and only Sister and air to David Stewart her Brother Jerman who Lately Died in Barbadoes Shewing That wher her said Brother by providence haveing gone to Barbadoes and ther purchased a considerable estate and being Latelie deceast without any childrein or airs of his own bodie and ther haveing bein different representationes made to The magistrats of Montrose first by one James Stewart Servant to The Earle of Southesque a pretended grand nephew and obtained his said propinqwitie to the said David to be cognosed attested and declared and ther seall appended to the effect ther testimonie might bear faith abroad and then by one John Stewart in Coatowne of Boningtowne who pretended to be the said Davids nearest kinsman and relatione and obtained his propinqwitie to be in Like maner cognosced and attested by the saids magistrats of Montrose which cognitione and attestatione comeing to be contested by Summonds and Lybell befor ther Lordships They have bein pleased to recomend to and ordaine the Shirreff principall of Forfar and his deputs to hear and take the depositiones of Such wittnesses as shall be Summond befor them anent the said propinqwitie of blood And for that effect have granted dilligence to both the saids pairties and that the said Shirreff and his deputs report the samen against the […] day of Jwny next And Seing that the petitioner the said Jennet Stewart is now the onlie Sister air and nearest of blood to the said David Stewart he never ever haveing had aither brother or sister that were maried or come to age which altogither excludes the foirsaids pretenders and that the petitioners brothers decease hath Lately by reasone of the forsaid process come to her knowledge And that it is ther Lordships Justice and compassione that must help and provide remeid to a woeman altogither wnknowen in such affairs and to vindicat her Just right And therfore humbly craveing ther Lordships on consideratione of the premisses to recomend to the said Shireff principall of Forffar and his deputs and to ordaine them to hear and receave the depositiones of Such wittnesses as the petitioner Shall addwce before them for proveing of her said propinqwitie and as nearest of blood and only air to the said David her brother and to report the said evidence and depositiones soe taken at one and the same tyme with the other two above pretenders And in caise they Shall be reported to ther Lordships before the petitioner can gett hers presented to Stopp the advuseing till such tyme as ther Lordships have all wnder ther consideration and Judgement Especiallie Seing that the petitioner is able to prove her said propinqwitie by near fiftie honest and Substantiall wittnesses of good repute by ther knouledge for the space of upwards fourtie yeirs Besides that it is nottour in the place wher She Lives and to grant Letters of dilligence for citeing of the saids wittnesses to compeare befor the said shirreff and his deputs to the effect foirsaid And that without prejudice allwayes to the petitioner in the mean tyme of Serveing herself air to her brother and reporting the Same to ther Lordships as accords As the said petitione bears Which petitione being this day red and considered be the saids Lords of his majesties privie Counsell They Doe heirby give full power and Commissione to the Shirreff principall of the Shyre of Forffar and his deputs to take and receave the oathes and depositions of Such famows wittnesses as the petitioner Shall adduce befor them at Forfar upon any day or dayes preceeding the tenth day of June next to come for proveing the propinqwitie and nearest of blood and only air to the said wmquhill David Stewart who died att Barbardoes And assignes the said tenth day of June next to come to the said Jennet Stewart and the said Shirreff of Forffar or his deputs for reporting the evidences and depositiones that Shall be taken befor them to the privie Councell And ordains Letters of dilligence to be direct at the instance of the petitioner for citeing the saids wittnesses befor the said Shirreff of Forffar or his deputs The said Jennet Stewart allwayes first makeing Lawfull intimatione to the said John and James Stewarts of the tyme of the wittnesses being to be examine befor ther depositiones he taken But prejudice to her in the mean tyme to Serve herself air to her alleadged brother and to report the Same to the Counsell