Act, 11 February 1692, Edinburgh

Act, 29 December 1692, Edinburgh

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/161

Act

Act Margrat Nairne Lady Kinfains

Anent a Petition given in to the Lords of his Majesties Privy Councill be Margrat Nairne relict of Alexander Carnegie of Kinfauns for her self and John Carnegie sone of the second mariadge and Ogiltrie of Cluny Hay of Megins and the said Margrat Nairne tutors testamentors nominat to the said John Carnegie Shewing That the petitioner John Carnegie being provyded to five Thousand pund sterling by his mothers contract of mariadge therwith produced wher by it might reasonably and Justly be expected that his deceast father would be Cairfull in his oun Life to make some particular applicatione of the obleisment in the Contract by assigneing or Disponeing certaine rights Which might be the fond of payment or securitie to the petitioner Which might be found by him amongst his papers, as also ther being bot one sone and air of the first mariadge, who is not to cary the name of the first mariadge, who is not to cary the name of his father Both Blair of Kinfauns Which name by the first contract And in caice of decease of the said sone the petitioner may reasonably expect that ther may be some deed of the defuncts particularly insureing or setling the estate upon him wherby the Petitioner hath furder intrest not only that his tutors should be present at the Inventaring of the said defuncts writtes That all papers may be searched for conceived in favors of the Petitioner But also that they might see Just Inventars And have a double of all the writtes and evidents of his fathers estate, Wherunto he is Imediat air failzieng the sone of the first mariadge It was also further represented to the saids Lords in behalf of the petitioners both the relict and the sone, That the defunct haveing deceased upon the fourtein day of November Imediatly after the terme ther was a necessitie both to entertaine the familly and all the servants for a Considerable space, and the entertainement of her self and sone and the necessarie servants till the nixt terme of Whitsunday doeth Requyre a Considerable charge Which is greatly augmented by her necessitie to attend at Edinburgh which doeth oblidge her to contract debt As also the expences of the petitioners murning, and servants is in Law a preferrable burdein upon the defuncts moveables, and for which the petitioner the relict is ingaged in ane thousand pounds, scots And seing that the Aliement and intertainement of the petitioners and their servants untill the first terme after the defuncts decease, which is this caice, Is a full half year, as also the murnings taken off be her to the value of One Thousand punds scots are both preferrable burdeins upon the moveables, And yet no person hath as yet undertaken to be Chamberland for uplifting the bygone rents, Which fall under executrie, wherby they might come to be lost, And ane alimentary caice and the provisione of murnings being most proper and ordinary for the saids Lords to Determine which could admitt of no decay And Therfore Humbly Craving the saids Lords To modifie ane aliment for the petitioner the relict, her sone and familly Which its humbly conceaved could be no less then ane years Joyntur of Two Thousand five hundred merks Conforme to her contract theirwith produced, The charge being farr greater at the beginning then afterwards and to grant warrand to the petitioners for uplifting the sommes to be modified for the said aliement as also a thousand punds Scots for the expences of Murnings to the petitioners and their servants and that out of the first and readiest of the bygone rents in the tenants hands which fell under executrie, and to ordaine the saids tennents to make payment of so much of their bygone rents to the petitioner the relict or her Chamberlands as will satisfie the forsaid soume As also that the saids Lords would authorize the petitioner the said John Carnegie or his tutors To search for any writtes conceaved In his favors amongst the fathers papers, And for that effect, To appoint James Carnegie of Phinhaven Tutor dative to the Cheldrein of the first mariage to allow the petitioner John Carnegie and his tutors inspectione of the defuncts writtes and that such as concerne him might be Delivered up to his tutor as also to appoint the said James Carnegie of Phinhaven to make intimatione to the petitioners tutors that they may be present at opening the Charter Christ and Coffers when Inventars of the defuncts estate and papers are made and that the petitioners tutors may be present at the makeing of the saids Inventars and to allow them to have a Just Duplicat of the inventar so to be made haveing so near ane intrest therin both for the securitie of his provisione and successione As the Petitione bears The Lords of his majesties privy Councill haveing Considered this petitione given in to them be the above Lady Kinfauns and her sone and his tutors with the answers made therto be the Laird of Phinhaven for his pupill and him They heirby Modifie the some of Ane Thousand two hundreth and fiftie merks scots to be payed to the said Lady Kinfauns for the aliement of her self sone and familly frae the terme of Mertmiss last to the terme of Whitsunday nixt being the terme Immediatly following the decease of her umquhill husband and that out of the first and readiest of the bygone rents of her husbands lands resting in the hands of the tennents therof. and ordaines the tennants to make payment of the same accordingly and ordaines letters of horning to be direct at the Ladies instance against them for that effect she allwayes Condescending upon the name of the said tennents that the same may be insert in the horning before outgiveing therof The petitioner being allwayes Lyable to hold compt for what intromissiones she has had with her deceast husbands estate since his decease aither in money moveables or otherwayes, And the saids Lords allowes the tutors of the Childrein of both mariadges of the deceast Laird of Kinfauns to be present at the Inventaring of the defuncts Charter Chists and writtes And appoints the respective tutors to make intimatione to each other hinc inde of the tyme of Inventaring the saids wrytes and Chartor Chist And allowes the Laird of Balnamoon to present at the said Inventaring And appoints the tutors forsaids , To make intimation to him of the tyme therof, And Remitts that point of the petition anent the expence of murnings to the Judge ordinary.

Att Edinburgh the Eleventh day of February Jaj vjc nyntie Two years

D1692/2/161

Act

Act Margrat Nairne Lady Kinfains

Anent a Petition given in to the Lords of his Majesties Privy Councill be Margrat Nairne relict of Alexander Carnegie of Kinfauns for her self and John Carnegie sone of the second mariadge and Ogiltrie of Cluny Hay of Megins and the said Margrat Nairne tutors testamentors nominat to the said John Carnegie Shewing That the petitioner John Carnegie being provyded to five Thousand pund sterling by his mothers contract of mariadge therwith produced wher by it might reasonably and Justly be expected that his deceast father would be Cairfull in his oun Life to make some particular applicatione of the obleisment in the Contract by assigneing or Disponeing certaine rights Which might be the fond of payment or securitie to the petitioner Which might be found by him amongst his papers, as also ther being bot one sone and air of the first mariadge, who is not to cary the name of the first mariadge, who is not to cary the name of his father Both Blair of Kinfauns Which name by the first contract And in caice of decease of the said sone the petitioner may reasonably expect that ther may be some deed of the defuncts particularly insureing or setling the estate upon him wherby the Petitioner hath furder intrest not only that his tutors should be present at the Inventaring of the said defuncts writtes That all papers may be searched for conceived in favors of the Petitioner But also that they might see Just Inventars And have a double of all the writtes and evidents of his fathers estate, Wherunto he is Imediat air failzieng the sone of the first mariadge It was also further represented to the saids Lords in behalf of the petitioners both the relict and the sone, That the defunct haveing deceased upon the fourtein day of November Imediatly after the terme ther was a necessitie both to entertaine the familly and all the servants for a Considerable space, and the entertainement of her self and sone and the necessarie servants till the nixt terme of Whitsunday doeth Requyre a Considerable charge Which is greatly augmented by her necessitie to attend at Edinburgh which doeth oblidge her to contract debt As also the expences of the petitioners murning, and servants is in Law a preferrable burdein upon the defuncts moveables, and for which the petitioner the relict is ingaged in ane thousand pounds, scots And seing that the Aliement and intertainement of the petitioners and their servants untill the first terme after the defuncts decease, which is this caice, Is a full half year, as also the murnings taken off be her to the value of One Thousand punds scots are both preferrable burdeins upon the moveables, And yet no person hath as yet undertaken to be Chamberland for uplifting the bygone rents, Which fall under executrie, wherby they might come to be lost, And ane alimentary caice and the provisione of murnings being most proper and ordinary for the saids Lords to Determine which could admitt of no decay And Therfore Humbly Craving the saids Lords To modifie ane aliment for the petitioner the relict, her sone and familly Which its humbly conceaved could be no less then ane years Joyntur of Two Thousand five hundred merks Conforme to her contract theirwith produced, The charge being farr greater at the beginning then afterwards and to grant warrand to the petitioners for uplifting the sommes to be modified for the said aliement as also a thousand punds Scots for the expences of Murnings to the petitioners and their servants and that out of the first and readiest of the bygone rents in the tenants hands which fell under executrie, and to ordaine the saids tennents to make payment of so much of their bygone rents to the petitioner the relict or her Chamberlands as will satisfie the forsaid soume As also that the saids Lords would authorize the petitioner the said John Carnegie or his tutors To search for any writtes conceaved In his favors amongst the fathers papers, And for that effect, To appoint James Carnegie of Phinhaven Tutor dative to the Cheldrein of the first mariage to allow the petitioner John Carnegie and his tutors inspectione of the defuncts writtes and that such as concerne him might be Delivered up to his tutor as also to appoint the said James Carnegie of Phinhaven to make intimatione to the petitioners tutors that they may be present at opening the Charter Christ and Coffers when Inventars of the defuncts estate and papers are made and that the petitioners tutors may be present at the makeing of the saids Inventars and to allow them to have a Just Duplicat of the inventar so to be made haveing so near ane intrest therin both for the securitie of his provisione and successione As the Petitione bears The Lords of his majesties privy Councill haveing Considered this petitione given in to them be the above Lady Kinfauns and her sone and his tutors with the answers made therto be the Laird of Phinhaven for his pupill and him They heirby Modifie the some of Ane Thousand two hundreth and fiftie merks scots to be payed to the said Lady Kinfauns for the aliement of her self sone and familly frae the terme of Mertmiss last to the terme of Whitsunday nixt being the terme Immediatly following the decease of her umquhill husband and that out of the first and readiest of the bygone rents of her husbands lands resting in the hands of the tennents therof. and ordaines the tennants to make payment of the same accordingly and ordaines letters of horning to be direct at the Ladies instance against them for that effect she allwayes Condescending upon the name of the said tennents that the same may be insert in the horning before outgiveing therof The petitioner being allwayes Lyable to hold compt for what intromissiones she has had with her deceast husbands estate since his decease aither in money moveables or otherwayes, And the saids Lords allowes the tutors of the Childrein of both mariadges of the deceast Laird of Kinfauns to be present at the Inventaring of the defuncts Charter Chists and writtes And appoints the respective tutors to make intimatione to each other hinc inde of the tyme of Inventaring the saids wrytes and Chartor Chist And allowes the Laird of Balnamoon to present at the said Inventaring And appoints the tutors forsaids , To make intimation to him of the tyme therof, And Remitts that point of the petition anent the expence of murnings to the Judge ordinary.

1. NRS, PC2/24, 23r-24v.

1. NRS, PC2/24, 23r-24v.