Act, 29 December 1692, Edinburgh

[9 August 1692] Eodem Die Post meridiem

D1692/8/27

D1692/8/27¹

Act

Act Dame Christian Dundas relict of Sir Walter Seatton

Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Dame Christian Dundas relict of Sir Walter Seatton Mentioning That quher the pursuar being provyded to Lyfrent Two Thousand six hundred merks by her contract of mariadge, And her said deceast husband haveing therafter purchased the Lands of Bonhard and Northbank Joyntlie with the deceast James Cornwall of Bonhard, He granted bond of Provision for a lyfrent of Two Thousand pund for ane house yearly, On which no infeftment did nor ² needed to follow In Respect that the defunct hade never any reall, Bot only a personall right to the said estate, Which bond of provisione to her said contract was considered as a valid and suficient Conveyance of the personall right of the saids Lands Which was all the right Sir Walter hade therto And the reall right therof being purchased in name of Bonhard in trust for the Joynt use and behoove of the said deceast Sir Walter, The right of that trust was also caried by the forsaid personall bond of provisione, yet neverthless now after the decease of the said pursuars husband, Walter Cornwall now of Bonhard pretens to exclude her outterly from any intrest in her Joyntur, albeit the pursuar be effectually secured therin by her bond of provisione and quherupon she hath raised a Declarator of her right and that the said Walter Cornwall now of Bonhard the air of the trustie should denude in the pursuars favors, And seing the pursuar can not possibly subsist without she hade present access to her said Joynture for her necessary aliement and intertinament, And Therfore the saids Lords Ought to Decerne the pursuar to be put in possession of the saids lands of Northbank Corshill Ryhill and Eastfeild of Bonhard which are specially mentioned in the pursuars bond of Provisione And quherin her said deceast husband dyed in possessione Or otherwayes to modifie such ane aliement to be payed to the pursuar yearly out of the forsaids lands as the saids Lords should think fitt, Untill the forsaid action Depending before the Lords of Councill and session be determined And Anent the charge given to the said defender To have Compeired personally before the saids Lords this day to answer to the ground of the abovewritten Complaint And to have heard and seen such order and course taken theranent as the saids Lords should think fitt with certificatione to him if he faillzied the saids Lords would proceid and doe in the said matter as they should find cause, as the saids letters and executiones therof bears Which being called in presence of the saids Lords this day And Sir Walter Seatton Sone to the said pursuar Compeiring in her name with Mr Hew Dalrymple her advocat And the defender Comeiring personally with James Stewart senior and Mr Mark Lermonth his advocats. The Lords of their majesties privy Councill Have modified and heirby modifies the soume of ane Thousand merks scots yearly to the pursuar for her aliement dureing the dependance of the proces of Declarator at her instance against the defender before the Lords of Session, And appoints the pursuar to continue in possession of als much of the lands which her husband dyed in possession of, and quherof she is or has been in possessione since her husbands decease as will satisfie and pay the forsaid yearly aliement dureing the space abovewritten