Act, 20 November 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/191

Act

Act Cochran of Killmaronock.

Anent the petition given in to the Lords of their majesties privy Councill be William Cochran of Killmaronock Shewing That quher the deceast Thomas Cochran of Powkellie the petitioners brother german haveing upon the […] day of […] last by past made a dispositione and Taillie of his wholl fortune and estate faillieing airs of his oun bodie to the other persones therin mentioned under the severall provisiones and Conditiones therin contained, and likewayes haveing by the same writt Disponed to the petitioner all bonds obligationes etc and other moveable estate as the samen therwith produced would testifie, Wherby any former pretended taillies and particularly one In favors of William Cochran of Ochiltrie were Clearly altered and Innovat, And the petitioner haveing in time of vacance when neither Councill nor sessione were sitting applyed to the magistrats of Edinburgh for the time They did appoint the forsaid dispositione in the petitioners favors to be delivered up and the same with the wholl other wrytes to be inventared by the toune Clerk and which Course the petitioner thought most fair and equall, and was loath to midle with the saids writtes without the authoritie of a Judge In regaird both he and Ochiltry were Joynt factors and administrators for the saids Thomas Cochran of Powkellie and each of them hade ane key to the Cabinet wher the saids writtes did Lye and altho the time of the Inventaring did urge that the samen might be delivered up yet the baillie refused, But promised that if non appeared and opposed the samen within two or thrie weeks, He would order the Clerk to take of the sale which then was put on And to put the petitioner in possessione of his oun writtes and evidents nevertheless not only the magistrats for the time But likewayes the present magistrats being applyed to refusses, to midle therin But leaves the petitioner to apply to the their Lordships for remeedy And Therfore humbly Craveing That seing the petitioner does produce the Dispositione both to the heritable and moveable estate, Wherby all former dispositiones and taillies are taken away, And is likewayes generall air served and retoured and executor Confirmed to his deceast brother which is all the right and title that the law of this natione can furnish and may presently be pursued for this debts when the petitioner has not his writtes wherby to defend That therfore the saids Lords would be pleased to appoint the scalles to be taken off, and the writtes to be delivered up Conforme to inventar to the petitioner as haveing only ryt therto as the petition bears The Lords of their majesties privy Councill having Considered this petitione given in to them be William Cochran of Killmaronick They heirby Appoint any two of the present baillies of Edinburgh and the toune Clerk therof to break up and take off the sealls which are upon the above papers and to deliver up the writtes themselves Conforme to inventar to the petitioner upon his recept of the same.

Edinburgh the Twentie day of november Jaj vjc nyntie four years

D1694/11/191

Act

Act Cochran of Killmaronock.

Anent the petition given in to the Lords of their majesties privy Councill be William Cochran of Killmaronock Shewing That quher the deceast Thomas Cochran of Powkellie the petitioners brother german haveing upon the […] day of […] last by past made a dispositione and Taillie of his wholl fortune and estate faillieing airs of his oun bodie to the other persones therin mentioned under the severall provisiones and Conditiones therin contained, and likewayes haveing by the same writt Disponed to the petitioner all bonds obligationes etc and other moveable estate as the samen therwith produced would testifie, Wherby any former pretended taillies and particularly one In favors of William Cochran of Ochiltrie were Clearly altered and Innovat, And the petitioner haveing in time of vacance when neither Councill nor sessione were sitting applyed to the magistrats of Edinburgh for the time They did appoint the forsaid dispositione in the petitioners favors to be delivered up and the same with the wholl other wrytes to be inventared by the toune Clerk and which Course the petitioner thought most fair and equall, and was loath to midle with the saids writtes without the authoritie of a Judge In regaird both he and Ochiltry were Joynt factors and administrators for the saids Thomas Cochran of Powkellie and each of them hade ane key to the Cabinet wher the saids writtes did Lye and altho the time of the Inventaring did urge that the samen might be delivered up yet the baillie refused, But promised that if non appeared and opposed the samen within two or thrie weeks, He would order the Clerk to take of the sale which then was put on And to put the petitioner in possessione of his oun writtes and evidents nevertheless not only the magistrats for the time But likewayes the present magistrats being applyed to refusses, to midle therin But leaves the petitioner to apply to the their Lordships for remeedy And Therfore humbly Craveing That seing the petitioner does produce the Dispositione both to the heritable and moveable estate, Wherby all former dispositiones and taillies are taken away, And is likewayes generall air served and retoured and executor Confirmed to his deceast brother which is all the right and title that the law of this natione can furnish and may presently be pursued for this debts when the petitioner has not his writtes wherby to defend That therfore the saids Lords would be pleased to appoint the scalles to be taken off, and the writtes to be delivered up Conforme to inventar to the petitioner as haveing only ryt therto as the petition bears The Lords of their majesties privy Councill having Considered this petitione given in to them be William Cochran of Killmaronick They heirby Appoint any two of the present baillies of Edinburgh and the toune Clerk therof to break up and take off the sealls which are upon the above papers and to deliver up the writtes themselves Conforme to inventar to the petitioner upon his recept of the same.

1. NRS, PC2/25, 86v-87r.

1. NRS, PC2/25, 86v-87r.