Edinburgh the Twentie Eight day of November Jaj vjc nyntie thrie years. Post meridiem
D1693/11/27
D1693/11/271
Decreet
Decreet Sussana Weir Against Anna Johnstone.
Anent our Soveraigne Lord and Ladies letters raised and pursued before the Lords of their majesties privy Councill at the instance of Susanna Weir daughter to the deceast Gavin Weir who was brother to the deceast Walter Weir of Dalrymylnes and only appearand air to the said Walter Weir Mentioneing That quher the said Walter Weir the pursuers uncle dyed last vest and seazed in the lands and mylnes called Dalrymylnes and albeit he left two daughters and likewayes the said Gavin the pursuers father his brother yet they being all now deceased the pursuar is the only appearand air Lykeas the forsaid Lands and mylnes the wholl estate remaineing to him is burthened with ane lifrent annnuitie of Twelue Hundred merks yearly to Anna Johnstone his relict now Spouse to James Murray merchant in Edinburgh and the lands and mylnes at most are bot worth about fourtein hundreth merks yearly so that the forsaid Lyfrent annuitie with the publict burdens and other incidents doeth exhaust the wholl rent wherby it is clear that the pursuer the appearand air has no Supperlus nor in effect any of her mean of Subsistance And seing by the law and Constant pratique of the kingdome the appearand air is to be aliemented and the lyfrentars are Lyable therto, And that the pursuar is but a poor minor under age destitute of all freinds and not haveing so much as ane Curator to concurr with her in this necessary action untill the Lords of privy Councill authoriz one of that effect, And Consequently doeth deserve ther present help and releiffe and to grant warrand to Sumand the said Anna Johnstone and her said spouse to hear and see the premises verified and proven And ane aliement modified to the said pursuer according to her age Which is now Fourtein years and in time comeing dureing the said Anna her Lifetime And Anent the charge given to the said Anna Johnstoune and her said husband to have Compeired before the saids Lords at ane Certaine day bygone To have heard and seen the premises verified and proven and ane aliement modified to the pursuar according to her said age And that dureing the said Anna her Lifetyme under the paines of rebellion etc with Certificatione etc as the said letters and executiones at more length bears The Which letters being this day called in presence of the Lords of their Majesties privy Councill, And the said Sussanna Weir Compeiring to Sir James Stewart their majesties Advocat and the said James Murray one of the defenders Compeiring personally for himself and his said Spouse with Sir James Ogilvie Mr Hew Dalrymple and Mr William Calderwood their advocates both parties being fully heard And The saids Lords of privy Councill haveing Considered the Lybell and answers with a declaratione of the said James Murray anent the rentall of the lands and mylnes of Dalrymilnes They heirby modifie the Soume of Two Hundreth merks Scots yearly to be payed be the said Anna Johnstone and her Said husband for his intrest for the said pursuer her aliement, Comenceing the said aliement from the terme of Whitsunday last bypast And Therfore Decernes and Ordaines the said Anna Johnstone and her husband for his intrest To make payment to the said pursuer And to George Weir one the maccers of privy Councill whom the saids Lords authorize to be Curator to the pursuer ad huns speciatem effecum, of the said aliement as followes viz the Soume of ane Hundred merks being for the terme from Whitsunday to merchant both last by past and the like soume of ane Hundreth merks for the terme Current from mertimes last to Whitsunday nixt And so furth yearly and termly in time comeing dureing the life time of the said Anna Johnstone (2the termes of payment being allwayes first come and bypast And Ordaines letters of horning on fiftein dayes and others neidfull to be direct heiron in forme as effeirs.
1. NRS, PC2/24, 277v-278r.
2. Closing bracket missing.
1. NRS, PC2/24, 277v-278r.
2. Closing bracket missing.