Procedure: petition, 31 December 1696, Edinburgh

Att Edinburgh the twentie fifth day of Febrwary J^aj vi^c nyntie Six yeirs

D1696/2/35

D1696/2/35¹

Act

Act Beatrix and Mary Fletchers

Anent the petitione given in to The Lords of his majesties privie Counsell Be Beatrix and Mary Fletchers Laufull Doughters to the deceast Sir Andrew Fletcher of Aberlady Shewing That wher the said deceast Sir Andrew Fletcher of Aberlady ther hather haveing died without makeing any testament or makeing any provisione to the petitioners And that he died Leaveing a considerable execwtrie and moveables behind him Extending to about Nyntein Thousand pund and which did propperly belong to the petitioners as being executers decerned be the Comissar of Dwnkeld to ther said deceast father and as nearest of kin to him Yet notwithstanding the foirsaid whole executrie and other moveable goods and geir was intrometted with by the tutors of Archibald Fletcher of Aberlady ther brother wncle to Andrew Fletcher now of Aberladie And Seing the petitioners have raised ane process befor the Lords of Counsell and Sessione against the said Andrew Fletcher now of Aberlady as air served and retoured and executer decerned and confirmed to the deceast John Fletcher his father and brother to the petitioners who was air served and retoured and executer decerned and confirmed to wmqwhille Archbald Fletcher of Aberlady his and the petitioners brother for makeing compt reckning And payment to the petitioners of the foirsaid executrie and moveable goods and geir of ther said wmqwhille father extending as said is and which were intrometted with be the tutors and curators of the said Archbald Fletcher atleast converted to his wse and behoofe be his saids tutors and curators And Did propperly belong to the petitioners as executers and nearest of kin to ther said father As the summonds and executiones therof produced with the said petitione hes testified And in regaird the foirsaid proces cannot come to any ish this sessione And the petitioners being altogither destitut of any fond for ther subsistance and aliment they haveing no bonds of provisione from ther father And the present Laird off Aberladie and his tutor refwiseing to make payment of the Soume of Two Hundereth merks to each of them which was formerly modified to be payed by the deceast Andrew Fletcher of Aberladie ther brother and his tutors And therfor humbly craveing to the effect efter mentioned As the said petitione bears Which being this day red and considered be the saids Lords of privie Counsell with the Sumonds and executions mentioned therin and produced therwith They heirby modifie the Soume of Two Hundereth merks as the yeirly aliment to be payed for ilk ane of the two sisters And decernes and ordaines the said Andrew Fletcher […] Cuming and Mr William Black ther factor and the tenents and possessors of the said estate of Aberlady to make payment and satisfactione to ilk ane of the saids Beatrix and Mary Fletchers instantly of the soume of Ane Hundereth punds Scotts for ther respective aliments from the terme of Lambes Last bypast to the terme of whittsonday next to come And of the Soume of Ane Hundereth merks to ilk ane of the two Sisters at the said terme of ² Whittsonday next to Mertimes also next to come And of the Like Soume of Ane Hwndereth merks to ilk ane of the two Sisters at the said terme of Mertimes next to come per advance for the terme frae mertimes next to Whittsonday J^aj vi^c and nyntie Seven And So furth yeirly and termely at whittsonday and Mertimes therefter per advance be equall portiones dureing the dependance of the said proces at the instance of the said Beatrix And Mary Fletchers Against the said Andrew Fletcher befor the Lords of Sessione and ay and while the Samen be decyded and ended And ordaines Letters of honing under the Signet of Counsell on fiftein dayes and others needfull to be direct heirupon in forme as effeirs And ordaines the petitioners ther discharges respective to be a Sufficient exoneratione to the saids twtor factor and tennents according as the payment shall be made to aither of them.