{\rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\fswiss\fprq2\fcharset0 Impact;}} {\colortbl ;\red255\green0\blue0;\red0\green0\blue0;\red0\green0\blue255;} {\*\generator Msftedit 5.41.15.1507;}\viewkind4\uc1\pard\f0\fs16\par \par GR 12 8 INVERNESS 13/3/1871\par DR \cf1 ADAM HUNTER SURGEON EDINBURGH\cf2 HAD 2 UNGATES OF LAND EXTENDING TO 8 MERKS TROTTERNISH ONCE BELONGING TO MCNEIL OF BARRA PART OF THE ESTATE OF MACDONALD DR ADAM HUNTER CERTIFICATE FOR THE COMMITAL OF SIR JAMES SUTHERLAND MACKENZIE BROTHER OF ALEXANDER MACKENZIE BARONET OF THE 48TH NATIVE INFANTRY BENGAL WHOS MOTHER IS KATHARINE MACKENZIE AND BY HER BELOW PETITION CLAIMS CURATOR BONIS AND APPOINTS ALEXANDER PETITION CLAIMS CURATOR BONIS AND APPOINTS ALEXANDER STUART TO OFFICE OF JAMES S. MACKENZIE UNTO THE RIGHT HONOURABLETHE LORDS OF COUNCIL AND SESSION\par cs2361mnm58/20 1843 THE PETITION OF MRS KATHARINE MACKENZIE RELICT OF HONOURABLE THE EAST INDIA COMPANY MOTHER OF SIR JAMES SUTHERLAND MACKENZIE OF TARBET BARONET\tab HUMBLY SHEWETH \par \tab\par THAT THE SAID SIR JAMES SUTHERLAND MACKENZIE HAVING SOME MONTHS AGO EXHIBITED UNEQUIVOCAL SYMPTONS OF MENTAL DERANGEMENT TO AN EXTENT DANGEROUS TO HIMSELF AND TO THE LIEGES WAS BY WARRANT OF THE SHERIFF OF EDINBURGH PROCEEDING ON CERTIFICATION UNDER THE HANDS OF DR ABERCROMBIE AND DR ADAM HUNTER PLACED IN DR JOHN SMITHS ASYLUM AT SAUGHTON HALL WHERE HE NOW REMAINS UNDER THE NECESSARY RESTRAINT THAT FROM THE CERTIFICATES HEREWITH PRODUCED IT APPEARS THAT ALTHOUGH THE SAID SIR JAMES SUTHERLAND MACKENZIE HAS SINCE HIS RESIDENCE IN SAUGHTON HALL BECOME LESS VIOLENT AND IRRITABLE THAN HE WAS YET THAT HE STILL LABOURS UNDER SUCH REMAINS OF ABBERATION OF MIND AS RENDERS HIM UNFIT FOR BEING AT LARGE OR FOR MANAGING HIS OWN AFFAIRS AND THE PETITIONER HAS THE DISTRESS AND MORTIFICATION TO \par BELIEVE THAT HIS SPEEDY RESTORATION TO MENTAL SOUNDNESS CANNOT BE LOOKED FOR.\par THAT IN THESE CIRCUMSTANCES AND AS HIS INTEREST IS SUFFERING FROM A SMALL PENSION FROM THE EAST INDIA COMPANY BEING TILL A DULY AUTHORIZED PARTY BE APPOINTED TO RECEIVE AND DISCHARGE THE SAME IT HAS BECOME NECESSARY FOR THE PROTECTION OF THE SIR JAMES SUTHERLAND MACKENZIES PROPERTY AS WELL AS THE DUE CARE OF HIS PERSON TO APPLY TO YOUR LORDSHIPS TO APPOINT A CURATOR BONIS TO HIM AND THE PETITIONER BEGS LEAVE HUMBLY TO SUGGEST MR ALEXANDER STUART WRITER IN EDINBURGH WHO WAS HER SONS CONFIDENTIAL AGENT BEFORE HIS AFFLICTION AS AN ELIGIBLE PERSON FOR THE OFFICE \par THE PETITIONER THEREFOR MAKES THE PRESENT APPLICATION MAY IT THEREFOR PLEASE YOUR LORDSHIPS TO NOMINATE AND APPOINT THE SAID ALEXANDER STUART TO BE CURATOR BONIS TO THE SAID SIR JAMES SUTHERLAND MACKENZIE WITH THE USUAL POWERS AND IN TERMS OF THE ACT OF SEDERUNT THE SAID APPOINTMENT TO SUBSIST UNTIL UNTIL IT BE COMPETENTLY RECALLED ANDS THE CURATOR IT FINDING SUFFICIENT CAUTION BEFORE EXTRACT OR TO DO OTHERWISE IN THE PREMISES AS TO YOUR LORDSHIPS SHALL SEEM PROPER. ACCORDING TO JUSTICE & C \cf1 JOHN GORDON\cf2\tab\par \tab \par APPENDIX\par MANDATE BY MRS KATHARINE MACKENZIE TO JOSEPH GORDON\par JOSEPH GORDON W.S. EDINBURGH ELGIN 24/2/1843\par \par MY DEAR SIR IN CONSEQUENCE OF THE LAMENTABLE STATE OF INCAPACITY INTO WHICH MY SON SIR JAMES SUTHERLAND MACKENZIE BART HAS FALLEN I AM UNDER THE PAINFUL NECESSITY OF REQUESTING THAT FOR THE PRESERVATION AND MANAGEMENT OF HIS PROPERTY AS WELL AS PROVIDING FOR THE PROPER CARE OF HIS PERSON YOU PRESENT APPLICATION TO THE COURT OF SESSION FOR THE APPOINTMENT OF A CURATOR BONIS TO HIM WITH THE USUAL POWERS IF MR ALEXANDER STUART CIRCUIT CLERK OF JUDICIARY WILL UNDERTAKE THE OFFICE I REQUEST THAT HE MAY BE SUGGESTED TO THE COURT AS A PERSON IN WHOM I HAVE THE UTMOST CONFIDENCE AND WHOM I CONSIDER WELL QUALIFIED TO TAKE THE CHARGE I AM MY DEAR SIR YOUR MOST OBEDIENT HUMBLE SERVANT SIGNED \cf3 KATHARINE MACKENZIE\cf2\par \tab\par \par \cf3 CERTIFICATE BY DR ABERCROMBIE AND DR ADAM HUNTER EDINBURGH 23/11/1842 WE JOHN ABERCROMBIE AND DR ADAM HUNTER PHYSICIANS IN EDINBURGH HEREBY CERTIFY ON SOUL AND CONSCIENCE THAT WE HAVE VISITED AND DULY EXAMINED SIR JAMES SUTHERLAND MACKENZIE OF TARBET BARONET NOW RESIDING AT SAUCHTON HALL LUNATIC ASYLUM UNDER THE CHARGE OF DR SMITH AND FOUND HIM LABOURING UNDER SUCH MENTAL IMBECILITY AS TO RENDER HIM FOR THE PRESENT INCAPABLE OF MANAGING HIS OWN AFFAIRS SIGNED JOHN ABERCROMBIE ADAM HUNTER M.D. CERTIFICATE BY DR ABERCROMBIE AND DR HUNTER WE CERTIFY APON SOUL AND CONSCIENCE THAT WE HAVE VISITED AND EXAMINED SIR JAMES SUTHERLAND MACKENZIE NOW RESIDENT IN THE ASYLUM AT SAUGHTON HALL AND WHILE WE FIND HIM CONSIDERABLY IMPROVED SINCE THE DATE OF OUR LAST REPORT WE ARE OF OPINION THAT HE STILL LABOURS UNDER SUCH REMAINS OF ABBERATION OF MIND FOR THE PRESENT RENDERS HIM UNFIT FOR BEING AT LARGE OR FOR MANAGING HIS OWN AFFAIRS SIGNED JOHN ABERCROMBIE ADAM HUNTER M.D. EDINBURGH 10/3/1843 PETITION TO BE INTIMATED IN THE MINUTE BOOK SIGNED BOYLE EDINBURGH 22/5/1843 THEREBY CERTIFY THAT THE FOREGOING PETITION HAS BEEN DULY INTIMATED IN THE MINUTE BOOK JOSEPH GORDON HUGH ROSS. CS 235/INM/MISCM11.1 1720 ALEXANDER MACKENZIE HAD IN THIS DEED REFERENCE THE BARONY OF TROTTERNISH ISLE OF SKYE AND IT IS THIS ALEXANDER MACKENZIE OF CONANS BAY WHO IS GRAND UNCLE TO TO SIR JAMES SUTHERLAND MACKENZIE WHOS DOCTOR HAD THE 2 UNGATES TROTTERNISH SKYE. THAT ALXANDER MACKENZIE OF ARDLOCH BORN 1692 ARDLOCH MARRIED MARGARET SUTHERLAND 16/09/1732 DEED REFERENCE RD4. 232 MARGARET SUTHERLAND DAUGHTER OF ROBERT SUTHERLAND OF LANGWELL 12TH IN DESCENT FROM WILLIAM DE SUTHERLAND AND PRINCESS MARGARET BRUCE SISTER OF DAVID 11 ROBERT SUTHERLAND CAN BE ENQUIRED AT REFERENCE CS238 H11.27 AND OF LANGWELL HEIR TO ESTHER SUTHERLAND HIS GRANDMOTHER. ALEXANDER MACKENZIE OF ARDLOCH DIED 21.05.1778 AND IS BROTHER TO COLONEL ALEXANDER MCKENZIE OF CONANSBAY HE HAD TITLE TO LANDS IN TROTTERNISH ISLAND OF SKYE REFERENCED IN CS235.M11.2 AN UNEXTRACTED COURT OF SESSION EXTRACT OF 1719 IN THE COSMO INNESS OFFICE AND FURTHER REFERENCES IN DEED RD2.654 YEAR 1661 AND ANOTHER IN RD_81. 78 1696 ALSO DETAILS OF RELATIONSHIPS IN SIG.2.17 DATED 6 AUGUST 1787 CONCERNING LANDS IN ASSYNT DESTINATION FROM THESE PREDECESSORS IN RD2.242.1. BY WILLIAM WEMYSS TO ALEXANDER MACKENZIE DATED 29.01.1787 AND IN RH8.1100 DATED 1727 FURTHER INFORMATION RELATING TO LAND DEVOLMENT FROM ARDLOCH MACKENZIES HEIRS MALE OF TALZIE. IT IS NOTICED THAT BROTHERS COLONEL ALEXANDER MCKENZIE OF CONANSBAY AND ALEXANDER MACKENZIE OF ARDLOCH WHO DIED 21.5.1778 ARE BROTHERS TO KENNETH MACKENZIE XV1 4TH EARL OF SEAFORTH ONE OF THE BROTHERS JOHN MACKENZIE OF ASSYNTS HEIR, HIS SON TO HIS UNCLE FIRST HELD BY SIR DONALD MCDONALD, LANDS TROTTERNISH 13.02.1727 IN THE GREAT SEAL BARONY OF MCDONALD 10.12.1754 IN FAVOUR OF SIR DONALD MCDONALD BARONET.\par \par \par \par RS38.62 INVERNESSA DISPOSITION BY HANNAH FRASER RESIDING INVERNESS INFAVOUR OF JEAN MACKAY SUTHERLAND SISTER TO ELIZABETH BAILLIE SUTHERLAND SPOUSE OF LT.COL.JAMES SUTHERLAND OF UPPAT AND JEAN MCKAY SUTHERLAND A RELATION OF ELIZABETH BAILLIE WHOS NEPHEW IS JAMES SUTHERLAND MACKENZIE\cf2\par \tab\par \tab\par \tab\par IN CS 239 M78. 7 JAMES SUTHERLAND MACKENZIE SON OF KATHARINE MACKENZIE WHO LIVED 7 INDIA STREET EDINBURGH COURT LITIGATION OF THE USE OF ARMORIAL ARMS UED BY JAMES SUTHERLAND MACKENZIE BELONGING TO HIS MOTHER KATHARINE SUTHERLAND.\par \par \tab\par \par \tab\par \tab\par \par \tab\par \par \tab\par \cf0\lang1033 GEORGE SACKVILLE SUTHERLAND MENTIONS 3 NEPHEWS IN RD5 382.180 DATED 12/3/1829 SRO EDINBURGH GEORGE THE BROTHER OF COLONEL JAMES SUTHERLAND OF UPPAT AND EWEN BAILLIE WHO WAS A MAJOR GENERAL 23RD BENGAL REGIMENT AND THE OTHER BROTHER ROBERT SUTHERLAND WHO WAS MARRIED TO A MURCHISON HER BROTHER KNOWN AS ROD ERICK MURCHISON GEORGE SACKVILLE SUTHERLAND NEPHEWS ARE DUNCAN FORBES SUTHERLAND GEORGE MCKAY SUTHERLAND AND JAMES SUTHERLAND WHO WAS MARRIED TO GEORGINA M. MACKENZIE WHERE SERVICE 1875 IS REFERENCED IN ENCLOSED ATTACHMENT.COLONEL JAMES SUTHERLAND MARRIED INTO THE BAILLIES, ELIZABETH BAILLIE OF CLYNE WHOS FATHER IS WILLIAM BAILLIE OF ROSEHALL, WILLIAM MARRIED ELIZABETH SUTHERLAND OF CLYNE A KINSTARIE CADET SHE IS DAUGHTER OF ALEXANDER SUTHERLAND OF CLYNE. LT.COL.JAMES SUTHERLAND HAD KATHARINE SUTHERLAND BORN 09/01/1773 GOLSPIE SUTHERLAND WHO MARRIED COLONEL ROBERT MCKENZIE COLONEL ROBERT MARRIED EARLIER ON 01/05/1780 HARRIET ANN MACKENZIE DAUGHTER OF DOCTOR ALEXANDER MACKENZIE OF BAYFIELD IT WAS HARRIETS SISTER ALEXIE MACKENZIE WHO MARRIED JANUARY 1778 TO CAPTAIN SIMON BAILLIE, MADRAS ESTABLISHMENT, HEIC AND HE IS SON OF MAJOR WILLIAM BAILLIE AND CAN FIND IN THE COMMISSARIOT OF EDINBURGH PROCESS OF DIVORCE PAGE 883 19.03.1788 REFERENCE X1X 12. ROBERT SUTHERLAND OF ST VINCENT IS BROTHER TO KATHARINE SUTHERLAND AND ARE PART BAILLIES ROSEHALL DESCENT, ROBERT SUTHERLANDS GRANDFATHER IS SON OF ALEXANDER BAILLIE OF DOCHFOUR. ROBERT SUTHERLANDS ELDER BROTHER GEORGE SACKVILLE SUTHERLAND AND REFERENCED IN CHANCERY REGISTER UNDER LISTING C5/1/35 GREAT SEAL. \par \tab\tab\tab\par \cf2\lang2057\par \tab\par gd.305.1.62.2\par INSTRUMENT OF SASINE PROCEEDING APON A PRECEPT IN THE FOREGOING CHARTER IN FAVOUR OF THE SAID KATHERINE MACKENZIE OF THE SAID TENEMENT MILLMOUNT DATED AND RECORDED SASINES EDINBURGH. SCOTTISH RECORD OFFICE.\par \par GD.305.1.62.3\par EXTRACT DISPOSITION BY KATHERINE SUTHERLAND/MACKENZIE IN FAVOUR OF CROMARTY HEIRS AND THE TENEMENT MILLMOUNT DATED 10.07.1840 AND REGISTERED IN THE BOOKS OF COUNCIL AND SESSION 05.08.1840 CONTACT REFERENCE RD5.645.63. SCOTTISH RECORD OFFICE.\par \par GD.305.1.62.7.\par RENUNCIATION BY HENRY CHEYNE WS IN FAVOUR OF THE FORESAID KATHERINE MACKENZIE OF MILLMOUNT DISPOSITION GRANTED BY HER TO HIM IN SECURITY FOR \'a31350 FOR MILLMOUNT HOUSE DATED 28.06.1840 AND RECORDED GENERAL REGISTER OF SASINES EDINBURGH 20.07.1840. SEE REFERENCE RS38.2040.113 SASINE SCOTTISH RECORD OFFICE.\par \par GD.305.1.62.6\par RENUNCIATION BY ALEXANDER STEWART IN FAVOUR OF JOSEPH GORDONFACTOR FOR THE DECEASED ROBERT SUTHERLAND A BOND IN SECURITY DATED 19.07.1826 RECORDED GENERAL REGISTER OF SASINES EDINBURGH 08.05.1840.\par \par BOOKS COUNCIL AND SESSION\par DEED RECORDED 12.03.1829 BY ROBERT SUTHERLAND. SCOTTISH RECORD OFFICE EDINBURGH.\par \par RD5.576.520 \par TRUST BY ELIZABETH BAILIE SUTHERLAND 1831. SCOTTISH RECORD OFFICE EDINBURGH.\par \par RD5.405.415.\par ASSIGNMENT BY EWEN BAILLIE SUTHERLAND 25.01.1830. SCOTISH RECORD OFFICE EDINBURGH.\par \par RD5.319.132\par FACTORY BY ROBERT SUTHERLAND 02.11.1824. SCOTTISH RECORD OFFICE EDINBURGH.\par \par RD5.382.174.\par FACTORY BY ROBERT SUTHERLAND SUBSCRIBED 14.09.1824. SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION.\par DEED BY ROBERT SUTHERLAND OF ST VINCENT RECORDED 15.07.1826 SCOTTISH RECORD OFFICE EDINBURGH.\par \par GD.305.1.61.8.\par INSTRUMENT OF SASINE PROCEEDING APON THE PRECEPT OF SASINE IN FAVOUR OF THE SAID ROBERT SUTHERLAND OF THE HOUSE AND GROUND MILLMOUNT DATED 24.12.1822 RECORDED SASINES EDINBURGH 21.01.1823 AND IN RS3.1262.260 SASINE SCOTTISH RECORD OFICE EDINBURGH.\par \par GD.305.1.61.11.\par DISPOSITION AND ASSIGNATION BY JOSEPH GORDON EXECUTORS IN SCOTLAND OF THE SAID ROBERT SUTHERLAND OF ST VINCENT AND MILLMOUNT IN FAVOUR OF KATHERINE SUTHERLAND WIDOW OF COLONEL ROBERT MACKENZIE H.E.I.C AND HEIRS OF THE SAID TENEMENT DATED 21.01.1830 REGISTERED IN BOOKS OF COUNCIL SESSION 12.03.1824 SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINES PR.1801.149 REFERENCE\par MARY FREDERICA ELIZABETH STEWART MACKENZIE OF SEAFORTH SPOUSE TO JAMES ALEXANDER STUART OF SEAFORTH SASINE MENTIONS CASTLE STREET EDINBURGH IN SECURITY OF \'a3500 BY ELIZABETH SUTHERLAND. SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINES.\par ELIZABETH SUTHERLAND DATED 21.07.1797 AND 02.03.1809 AND 21.02.1810 RECORDED ALSO IN THE BOOKS OF COUNCIL AND SESSION 10.03.1809. SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINES.\par SOPHIA DIROM RELICT OF GEORGE DUFF ON DISPOSITION BY ELIZABETH SUTHERLAND RELICT OF COL JAMES SUTHERLAND OF UPPAT 04.06.1811 SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION.\par ST VINCENT DEED RECORDED RD5.21.273 SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par DEED BY GEORGE SACKWELL SUTHERLAND RD5.044.926\tab 31.01.1814\tab SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINES\par RS38.17 VOLUME2307 IN FAVOUR OF KATHERINE SUTHERLAND SCOTTISH RECORD OFFICE EDINBURGH\par \par \par PUBLIC RECORD OF SASINES\par PR.589.25 16.06.1807 FRANCIS, LORD SEAFORTH, MARY MAXWELL SUTHERLAND SPOUSE TO ALEXANDER SUTHERLAND 2 BATTALION 78TH REGIMENT FOOT AND GEORGE SACKWELL SUTHERLAND SEISED GEORGE STREET EDINBURGH AND SOUTH CASTLE STREET EDINBURGH IN \'a3500 SECURITY SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINES\par PR.589.17 DATED 16.06.1807 ELIZABETH SUTHERLAND RELICT OF JAMES SUTHERLAND OF UPPAT SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINE\par DATED 23.12.1803 BOND BY COLONEL JAMES SUTHERLAND AND ELIZABETH BAILLIE SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par DALRYMPLE OFFICE RD 293.290 MARY MAXWELL SUTHERLAND DAUGHTER OF LT.COL JAMES SUTHERLAND OF UPPATAND HUSBAND ALEXANDER SUTHERLAND 5 REGIMENTBRITTISH MILITIA AND REFERENCE TO MAJOR EWAN BAILIE H.E.I.C A BOND 12.07.1803 SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par RD2.288 DATED 12.07.1803 A BOND BY MAJOR EVAN BAILIE TO KATHERINE SUTHERLAND ELDEST DAUGHTER OF COLONEL JAMES SUTHERLAND OF UPPAT AND ELIZABETH BAILLIE AND KATHERINE SUTHERLAND SECOND WIFE OF LIEUTENANTCOLONEL ROBERT MACKENZIE H.E.I.C FATHER OF ALEXANDER MACKENZIE BROTHER OF JAMES SUTHERLAND MACKENZIE. SCOTTISH RECORD OFFICE EDINBURGH.\par \par RS38.17 DATED 23.12.1803\par COLONEL JAMES SUTHERLAND OF UPPAT AND OF SUTHERLAND FENCIBLES REGIMENT AND MAJOR GENERAL ALEXANDER OF 36 REGIMENT FOOT AND LT.COL.JAMES SUTHERLAND GRANTING \'a31000 TO ELIZABETH SUTHERLAND TO FRANCIS, LORD SEAFORTH. SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par RD3.292 DATED 22.07.1801 FACTORY BY ROBERT SUTHERLAND SCOTTISH RECORD OFFICE EDINBURGH.\par PUBLIC REGISTER OF SASINE\par RS38.17.212 REFERENCE KATHERINE SUTHERLAND GETS LIFERENT FROM ELIZABETH BAILLIE SCOTTISH RECORD OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINES\par IN FAVOUR OF ELIZABETH BAILLIE DATED AND REGISTERED 13.08.1796 BY COLONEL MACKAY TO GEORGE SACKWELL SUTHERLAND SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par RD2.277 DATED 26.11.1799 BOND \'a31000 PAID BY LIEUTENANT COLONEL JAMES MACKAY AND HUGH BAILIE OF ROSEHALL TO JAMES SUTHERLAND DATED 27.04.1789 AND MENTION OF \'a3400 TO F.H.MACKENZIE OF SEAFORTH HIGHLANDERS 78TH REGIMENT FROM LIEUTENANT ALEXANDER SUTHERLAND SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par DURIE OFFICE RD3.292.907 FACTORY BY ROBERT SUTHERLAND OF ISLAND OF ST VINCENT APPOINTING ELIZABETH BAILLIE HIS MOTHER AS FACTOR AND ESTATE OF ROSEHALL GRANTED BY GEORGE LANGWELL SUTHERLAND OF UPPAT IN FAVOUR OF ELIZABETH BAILIE/SUTHERLAND SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par DARYMPLE OFFICE RD2.277.418 DATED 06.09.1799 BOND DISPOSITION A SUTHERLAND TO MACKENZIE WITH CONCENT OF COLONEL MACKAY OTHERWISE KNOWN AS HUGH BAILLIE OF ROSEHALL BY BOND DATED 23.12.1790 SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par RD3.260.303 GEORGE SACKVILLE SUTHERLAND TO JOHN MO SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par AT FORTROSE 19.11.1794 BY MARY MAXWELL SUTHERLAND TO FRANCIS HUMBERSTON MACKENZIE AND BY GEORGE SACKWELL SUTHERLAND SCOTTISH RECORD OFFICE EDINBURGH.\par \par PRECEPT OF CLARE CONSTAT\par GRANTED BY COLONEL MACKAY OTHERWISE HUGH BAILLIE OF ROSEHALL REGISTERED INVERNESS 1796 SCOTTISH RECOR OFFICE EDINBURGH.\par \par PUBLIC REGISTER OF SASINE\par RS38.13 DATED 14.08.1788 ROBERT SUTHERLAND TO ELIZABETH COUNTES OF SUTHERLAND RECORDED INVERNESS 11.09.1779 WRITEN BY KENNETH MACKENZIE CLERK TO ALEXANDER MACKENZIEWRITER TO THE SIGNET \tab SUBSCRIBED AT GOLSPIE 31.07.1780 BEFORE HUGH HOUSTON MERCHANT BORA AND JOH FRASE WRITE IN EDINBURGH. SCOTTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SEESSION\par BOND RD3.275 DATED 23.12.1790 A SUM OF \'a32000 AND \'a3400 TO GEORGE SACKWELL SUTHERLAND SON OF LIEUTENANT COLONEL JAMES SUTHERLAND REFERENCING IN THE \tab GREAT SEAL A CHARTER 13.07.1788 AND A SASINE \tab AT INVERNESS 28.04.1791 SCOTTISH RECORD OFFICE EDINBURGH.\par \par SERVICE OF HEIRS CHANCERY\par GEORGE LACKWELL SUTHERLAND OF UPPAT TO HIS FATHER LT.COL. JAMES SUTHERLAND OF UPPAT DATED 03.01.1793 RECORD NO 16 DATE 1790 ON PAGE 48 SCOTISH RECORD OFFICE EDINBURGH.\par \par BOOKS OF COUNCIL AND SESSION\par DEED BY ROBERT SUTHERLAND OF ST VINCENT RS38.13 PAGES 14,1092,230,317,340,349 AND 490 SCOTTISH RECORD OFFICE EDINBURGH.\par \par CROMARTY MUNIMENTS\par GD46.1.50 DATED 16.06.1829 MRS ELIZABETH SUTHERLAND WIDOW OF LIEUTENANT COLONEL JAMES SUTHERLAND OF UPPAT SCOTTISH RECORD OFFICE EDINBURGH.\par \par SERVICE OF HEIRS CHANCERY\par 1740-1759 DATED 15.05.1752 AND 18.09.1752 ELIZABETH BAILLIE DAUGHTER OF JAMES BAILLIE MERCHANT ABERDEEN TO HER BROTHER JAMES BAILLIE AT MILLTOWN OF TARBET ONCE MERCHANT ROTTERDAM WHO DIED MARCH 1747 HEIR PORTION PARISH KILMUIR EASTER ROSSHIRE SCOTTISH RECORD OFFICE EDINBURGH.\par \par SERVICE OF HEIRS CHANCERY\par GEORGE SACKVILLE SUTHERLAND OF UPPAT TO HIS FATHER COLONEL JAMES SUTHERLAND OF UPPAT 03.01.1793 AND 15.01.1793 NO 16 SCOTTISH RECORD OFFICE EDINBURGH.\par \par \cf1 SERVICE OF HEIRS CHANCERY\par GEORGE SACKVILLE SUTHERLAND MD LACKNOW TO HIS MOTHER GEORGINA M. MACKENZIE WIDOW OF JAMES SUTHERLAND OF ST VINCENT WHO DIED 20.12.1864 HEIR GENERAL 15.05.1875.\cf2\par \par \tab\par \par \tab\par \par \tab\par \par \tab\par \par \tab\par \par \tab \par \par \tab\par \par \tab\par \par \tab\par \tab\par \par \par \par \par \tab\par \par \tab\par \par \tab\tab\tab\tab\tab\tab\tab\par \par \tab\par \tab\par \par \par \tab\par \tab\par \tab\par \tab \par \tab\par \tab\par \tab\par \tab\par \tab\par \par \par \tab\tab\tab\tab\tab\tab\tab\par \par \tab\cf3\par \par \tab\tab\tab\tab\tab\par \par \tab\par \tab\par \tab\par \tab\par \tab \par \tab\par \tab\par \tab\par \par \tab\tab\tab\tab\tab\tab\tab\par \tab\tab\tab\tab\tab\tab\par \tab\par \tab\par \par \tab\par \tab\par \tab\par \par \tab\par \par \tab\par \tab\par \par \tab\tab\tab\tab\tab\par \par \tab\tab\tab\tab\tab\tab\par \par \par \tab\tab\tab\tab\tab\tab\tab\par \tab \tab\tab\tab\par \par \par \tab\par \tab\par \par \tab\tab\tab\tab\tab\tab\tab\par \par \tab\tab\tab\tab\tab\tab\tab\par \tab\par \par \tab\par \tab\par \tab\par \tab\par \tab\par \tab\tab\tab\tab\tab\tab\tab\tab\tab\cf0\par } Contents [hide] 1 SIR ALEXANDER MACKENZIE BARONET/PAULM594 2 SIR ALEXANDER MACKENZIE BARONET/PAULM594 3 SIR ALEXANDER MACKENZIE BARONET/PAULM594 4 SIR ALEXANDER MACKENZIE BARONET/PAULM594 5 SIR ALEXANDER MACKENZIE BARONET/PAULM594 6 SIR ALEXANDER MACKENZIE BARONET/PAULM594 7 SIR ALEXANDER MACKENZIE BARONET/PAULM594 8 SIR ALEXANDER MACKENZIE BARONET/PAULM594 9 SIR ALEXANDER MACKENZIE BARONET/PAULM594 10 SIR ALEXANDER MACKENZIE BARONET/PAULM594 11 SIR ALEXANDER MACKENZIE BARONET/PAULM594 12 SIR ALEXANDER MACKENZIE BARONET/PAULM594 13 SIR ALEXANDER MACKENZIE BARONET/PAULM594 14 SIR ALEXANDER MACKENZIE BARONET/PAULM594 15 SIR ALEXANDER MACKENZIE BARONET/PAULM594 16 SIR ALEXANDER MACKENZIE BARONET/PAULM594 17 SIR ALEXANDER MACKENZIE BARONET/PAULM594 18 SIR ALEXANDER MACKENZIE BARONET/PAULM594 19 SIR ALEXANDER MACKENZIE BARONET/PAULM594 20 SIR ALEXANDER MACKENZIE BARONET/PAULM594 21 SIR ALEXANDER MACKENZIE BARONET/PAULM594 22 SIR ALEXANDER MACKENZIE BARONET/PAULM594 23 SIR ALEXANDER MACKENZIE BARONET/PAULM594 24 SIR ALEXANDER MACKENZIE BARONET/PAULM594 25 SIR ALEXANDER MACKENZIE BARONET/PAULM594 26 SIR ALEXANDER MACKENZIE BARONET/PAULM594 27 SIR ALEXANDER MACKENZIE BARONET/PAULM594 28 SIR ALEXANDER MACKENZIE BARONET/PAULM594 29 SIR ALEXANDER MACKENZIE BARONET/PAULM594 30 SIR ALEXANDER MACKENZIE BARONET/PAULM594 31 SIR ALEXANDER MACKENZIE BARONET/PAULM594 32 SIR ALEXANDER MACKENZIE BARONET/PAULM594 33 SIR ALEXANDER MACKENZIE BARONET/PAULM594 34 SIR ALEXANDER MACKENZIE BARONET/PAULM594 35 SIR ALEXANDER MACKENZIE BARONET/PAULM594 36 SIR ALEXANDER MACKENZIE BARONET/PAULM594 37 SIR ALEXANDER MACKENZIE BARONET/PAULM594 38 SIR ALEXANDER MACKENZIE BARONET/PAULM594 39 SIR ALEXANDER MACKENZIE BARONET/PAULM594 40 SIR ALEXANDER MACKENZIE BARONET/PAULM594 41 SIR ALEXANDER MACKENZIE BARONET/PAULM594 42 SIR ALEXANDER MACKENZIE BARONET/PAULM594 43 SIR ALEXANDER MACKENZIE BARONET/PAULM594 44 SIR ALEXANDER MACKENZIE BARONET/PAULM594 45 SIR ALEXANDER MACKENZIE BARONET/PAULM594 46 SIR ALEXANDER MACKENZIE BARONET/PAULM594 47 SIR ALEXANDER MACKENZIE BARONET/PAULM594 48 SIR ALEXANDER MACKENZIE BARONET/PAULM594 49 SIR ALEXANDER MACKENZIE BARONET/PAULM594 50 SIR ALEXANDER MACKENZIE BARONET/PAULM594 [edit] SIR ALEXANDER MACKENZIE BARONET/PAULM594 {\rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\froman\fprq2\fcharset0 Georgia;}} {\*\generator Msftedit 5.41.15.1503;}\viewkind4\uc1\pard\b\f0\fs16\tab RD 13/149/BOX657. DATE 31/JULY 1809\par \tab DISPOSITION AND DEED OF SETTLEMENT BY COLONEL ROBERT MACKENZIE\par \tab 26 NOVEMBER 1802 WB OFFICE 31/07/1809\par \tab PRESENTED BY JOSEPH GORDON\par \tab MR THOMAS THOMSON ADVOCATE 5 SHEETS.\par \par \par \tab I COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE HONOURABLE EAST \par \tab INDIA COMPANY FOR THE LOVE FAVOUR AND AFFECTION WHICH I HAVE AND\par \tab BEAR TO ALEXANDER MACKENZIE MY SON PROCREATED OF THE MARRIAGE\par \tab BETWEEN ME AND MRS KATHARINE SUTHERLAND NOW MACKENZIE MY WIFE\par \tab AND OTHER GOOD CAUSES AND CONSIDERATIONS MOVING ME DO BY THESE\par \tab PRESENTS IN THE EVENT OF MY DECEASE GIVE GRANT AND DISPONE TO AND\par \tab IN FAVOUR OF THE SAID ALEXANDER MACKENZIE MY SON AND THE HEIRS \par \tab WHATSOEVER OF HIS BODY WHOM FAILING TO THE HEIRS WHATSOEVER OF MY\par \tab BODY WHOM FAILING TO ROBERT MACKENZIE LIEUTENANT IN THE MAHRATTA\par \tab SERVICE MURDOCK MACKENZIE SON OF KATHARINE MCLEOD IN ASSYNT IN \par \tab THE COUNTY OF SUTHERLAND AND HUME MACKENZIE LIEUTENANT IN THE \par \tab SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THE MADRAS\par \tab ESTABLISHMENT ALL THREE MY NATURAL SONS EQUALLY AMONG THEM AND\par \tab THE HEIRS WHATSOEVER OF THEIR BODIES AND FAILING ANY ONE OR TWO\par \tab OF THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES TO THE OTHER ONE\par \tab OR TWO OF THEM EQUALLY BETWEEN THEM IF TWO AND THE HEIRS \par \tab WHATSOEVER OF HIS OR THEIR BODIES WHOM ALL FAILING TO MY OWN \par \tab NEAREST AND LAWFUL HEIRS AND ASSIGNEES WHATSOEVER ALL AND \par \tab SUNDRY LANDS HERITAGES ANNUAL RENTS TEINDS ADJUDICATIONS \par \tab REVERSIONS WOODS MILLS FISHINGS TACKS HEADING AND POSSESSION\par \tab BELONGING TO ME OR WHICH SHALL BELONG TO ME AT MY DEATH AS\par \tab ALSO ALL AND SUNDRY DEBTS AND SUMS OF MONEY BOTH HERITABLE AND \par \tab MOVEABLE DUE AND OWING OR WHICH SHALL BE DUE AND OWING BY ANY\par \tab PERSON OR PERSONS TO ME AT MY DEATH BY BOND BILL DECREE ACCOUNT\par \tab PREMISE OR FACTION AS RENT OF LANDS OR ANNUAL RENTS OF MONEY OR IN \par \tab ANY OTHER MANNER OF WAY WHATSOEVER WITH THE WHOLE VOUCHERS\par \tab INSTRUCTIONS AND CONVEYANCES THEREOF WRITS AND DEEDS GRANTED\par \tab AND DILIGENCE AND EXECUTION ISSUED AND OBTAINED FOR PAYMENT AND\par \tab SECURITY OF THE SAME AND ALSO ALL AND SUNDRY CORNS CATTLE HORSE \par \tab SHEEP HOUSEHOLD PLENISHINGS AND FURNITURE INCLUDING BED AND\par \tab TABLE LINEN SILVER PLATE JEWELS TRINKETS BANK NOTES GOLD AND SILVER\par \tab COINED AND UNCOINED AND LYING MONEY CLOATHS BOOKS AND OTHER \par \tab MOVEABLE GOODS GEAR AND EFFECTS OF WHATSOEVER NATURE OR\par \tab DENOMINATION INCLUDING HEIRSHIP MOVEABLE BELONGING OR THAT MAY \par \tab BELONG TO ME AT MY DEATH WHEREVER OR IN WHOSE CUSTODY SOEVER\par \tab THE SAME MAY THEN BE DISPENSING WITH THE GENERALITY HEREOF AND\par \tab DECLARING THESE PRESENTS TO BE EQUALLY GOOD AND EFFECTUAL\par \tab TO ALL INTENTS AND PURPOSES AS IF THE SAID LANDS HERITAGES\par \tab MOVEABLE DEBTS AND OTHERS HEREBY CONVEYED WERE HEREIN \par \tab PARTICULARLY SPECIFIED AND ENUMERATED DECLARING ALWAYS AS IT IS\par \tab WHEREBY EXPRESSLY PROVIDED AND DECLARED THAT THE SAID ALEXANDER\par \tab MACKENZIE MY SON AND THE OTHER HEIRS SUBSTITUTES AND SUCCESSORS\par \tab BEFORE NAMED IN THEIR ORDER SHALL BE BOUND AND OBLIGED TO CONTENT\par \tab AND PAY MY FUNERAL EXPENSES AND ALL MY JUST AND LAWFUL DEBTS\par \tab AND PARTICULARLY WITHOUT PREDUDICE TO THE SAID GENERALITY THE\par \tab PREVIOUS CONTAINED IN A CONTRACT OF MARRIAGE ENTERED INTO BETWEEN\par \tab ME ON THE ONE PART AND THE SAID KATHERINE SUTHERLAND NOW MACKENZIE\par \tab MY WIFE ELDEST LAWFUL DAUGHTER OF THE DECEAST COLONEL JAMES\par \tab SUTHERLAND OF UPPAT WITH THE ADVICE AND CONCENT OF CAPTAIN GEORGE\par \tab SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON THE OTHER\par \tab PART DATED THE 15/07/1801 WHICH PROVISIONS WERE CONCEIVED IN FAVOUR\par \tab OF THE SAID KATHERINE SUTHERLAND NOW MACKENZIE MY WIFE AS WELL\par \tab OF THE CHILDREN TO BE PROCREATED OF THE MARRIAGE DECLARING THAT\par \tab THE SAID ALEXANDER MACKENZIE MY SON SHALL BE ENTITLED TO THE FULL\par \tab BENIFIT OF THE PROVISIONS CONTAINED IN THE SAID CONTRACT IN SO \par \tab FAR AS THE SAME MAY BE INTERPRETED IN HIS FAVOUR OVER AND ABOVE\par \tab WHAT HE MAY DRAW FROM MY ESTATE REAL AND PERSONAL IN VIRTUE \par \tab OF THESE PRESENTS THE SAME BEING MADE AND GRANTED WITHOUT\par \tab PREJUDICE TO THE ABOVE MENTIONED PREVIOUS IN ANY MANNER OF WAY\par \tab AS ALSO MY SAID SON AND THE OTHER HEIRS SUBSTITUTING AND\par \tab SUCCESSORS BEFORE MENTIONED SHALL BE BOUND TO PAY THE\par \tab FOLLOWING LAGACIES VIZ. WHEREAS BY THE SAID CONTRACT OF MARRIAGE\par \tab AMONG OTHER PROVISIONS CONCEIVED IN FAVOUR OF THE SAID KATHARINE\par \tab SUTHERLAND NOW MACKENZIE MY WIFE IT WAS DECLARED THAT IN THE EVENT\par \tab OF MY PREDECEASING THE SAID KATHERINE SUTHERLAND NOW MACKENZIE\par \tab MY WIFE AND THAT AT THE DISSOLUTION OF THE MARRIAGE BY MY DECEASE\tab\par \tab OR OTHERWISE THERE SHOULD BE NO CHILD OR CHILDREN EXISTING \par \tab THEREOF AT THE TIME THEN AND IN THAT CASE I PROVIDED HEREIN AND\par \tab SHE WAS ENTITLED TO RECEIVE AND WAS THEREBY EMPOWERED TO\par \tab DEMAND AND RECEIVE THE INTEREST OF SIX THOUSANT POUNDS STERLING\par \tab PROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNER THEREIN\par \tab MENTIONED NOW IN CASE THE SAID EVENTUAL PROVISION SHOULD BE\par \tab VACATED IN CONSEQUENCE OF THE EXISTENCE OF A CHILD OR CHILDREN\par \tab PROCREATED OF THE MARRIAGE WHO MAY SURVIVE ME THEN AND\par \tab IN THAT EVENT I HEREBY GIVE AND BEQUEATH TO THE SAID KATHARINE\par \tab SUTHERLAND NOW MACKENZIE MY WIFE THE SUM OF TWO THOUSANT\par \tab POUNDS STERLING THEN TO THE SAID HUME MACKENZIE MY NATURAL\par \tab SON I GIVE AND BEQUEATH THE SUM OF FIVE HUNDRED POUNDS STERLING\par \tab THEN TO THE SAID ROBERT MACKENZIE MY NATURAL SON THE SUM\par \tab OF THREE HUNDRED POUNDS STERLING THEN TO THE SAID MURDOCH\par \tab MACKENZIE MY NATURAL SON THE LIKE SUMOF THREE HUNDRED \par \tab POUNDS STERLING THEN TO FRANCES MACKENZIE NOW GUNN MY\par \tab NATURAL DAUGHTER THE SUM OF TWO HUNDRED POUNDS STERLING\par \tab THEN TO MARIA MACKENZIE NOW MACAULY MY NATURAL DAUGHTER\par \tab THE LIKE SUM OF TWO HUNDRED POUNDS STERLING THEN TO COLONEL\par \tab LOUIS GRANT OF ACHUINACH LATE IN THE SERVICE OF THE HONOURABLE\par \tab EAST INDIA COMPANY THE SUM OF THREE HUNDRED POUNDS STERLING\par \tab THEN TO CAPTAIN CHARLES GRANT IN THE SERVICE OF THE HONOURABLE\par \tab EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT THE LIKE\par \tab SUM OF THREE HUNDRED POUNDS STERLING THEN TO MRS ELIZABETH\par \tab SUTHERLAND WIDOW OF THE SAID COLONEL JAMES SUTHERLAND AND\par \tab MOTHER OF THE SAID KATHARINE SUTHERLAND NOW MACKENZIE\par \tab WIFE THE SUM OF FIVE HUNDRED POUNDS STERLING AND MY SAID SON\par \tab AND THE OTHER HEIRS SUBSTITUTING AND SUCCESSORS BEFORE\par \tab MENTIONED SHALL BE BOUND TO PAY THE SAID SEVERAL LAGACIES\par \tab AT THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER MY DEATH\par \tab WITH A FIFTH PART MORE OF PENALTY IN CASE OF FAILURE AND THE \par \tab LEGAL INTEREST OF THE SAID SUMS RESPECTIVELY FROM THE SAID\par \tab TERM OF PAYMENT UNTIL PAID DECLAIRING THAT THE JUS MARITI\par \tab AND RIGHT OF ADMINISTRATION OF THE HUSBANDS OF THE SAID\par \tab FRANCIS MACKENZIE NOW GUNN AND OF THE SAID MARIA MACKENZIE\par \tab NOW MACAULY IS HEREBY EXPRESSLY SECLUDED AND DEBARRED IN SO\par \tab FAR AS CONCERNS THE SAID LEGACIES PENALTIES AND INTEREST\par \tab AND FOR CARRYING THESE PRESENTS INTO MORE EFFECTUAL\par \tab EXECUTION I HEREBY NOMINATE AND APPOINT THE SAID ALEXANDER\par \tab MACKENZIE MY SON WHOM FAILING THE SAID KATHARINE SUTHERLAND\par \tab NOW MACKENZIE MY WIFE THE SAID GEORGE SACKVILLE SUTHERLAND\par \tab THE SAID LOUIS GRANT THE SAID CHARLES GRANT COLONEL WILLIAM\par \tab DUNCAN IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY\par \tab CAPTAIN HENRY WHITE IN THE SERVICE OF THE HONOURABLE EAST\par \tab INDIA COMPANY ON THE BENGAL ESTABLISHMENT AND NOW OR LATELY\par \tab AIDE DE CAMP TO HIS EXELLENCY MARQUISE WELLESLEY GOVERNOR\par \tab GENERAL OF BENGAL AND COLIN MACKENZIE WRITER TO THE SIGNET\par \tab AND THE ACCEPTING SURVIVORS OR SURVIVOR OF THEM TO BE MY\par \tab SOLE EXECUTORS EXCLUDING MY NEAREST OF KIN AND ALL OTHERS \par \tab FROM THE SAID OFFICE MOREOVER AS I JUDGE IT PRUDENT TO NAME\par \tab TUTORS AND CURATORS TO THE SAID ALEXANDER MACKENZIE\par \tab MY SON OR TO ANY OTHER CHILD OR CHILDREN WHO MAY BE \par \tab PROCREATED OF THE SAID MARRIAGE BETWEEN ME AND THE\par \tab SAID KATHARINE SUTHERLAND NOW MACKENZIE AND HAVING\par \tab ENTIRE CONFIDENCE IN THE SAID KATHARINE SUTHERLAND \par \tab NOW MACKENZIE MY WIFE GEORGE SACKVILLE SUTHERLAND\par \tab LOUIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRY WHITE\par \tab AND COLIN MACKENZIE DO HEREBY NOMINATE AND APPOINT\par \tab THEM AND THE ACCEPTING SURVIVORS OR SURVIVOR OF\par \tab THEM TO BE TUTORS AND CURATORS TO THE SAID ALEXANDER\par \tab MACKENZIE MY SON AND TO SUCH OTHER CHILD OR CHILDREN\par \tab AS MAY BE PROCREATED OF THE SAID MARRIAGE DURING\par \tab THE WHOLE PERIOD OF THEIR RESPECTIVE PUPILARITIES AND MINORITIES\par \tab DECLARING THAT THE MAJORITY OF THE PERSONS BEFORE NAMED\par \tab ACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEM\par \tab ACCEPTING AND SURVIVING THE LEAST SHALL BE A QUORUM AND\par \tab DECLAIRING ALSO THAT THEY SHALL NOT AS TUTORS OR CURATORS\par \tab BE LIABLE FOR OMISSIONS NOR SINGULI IN SOLIDUM BUT EACH\par \tab ONLY FOR HIS OWN ACTUAL INTROMISSIONS AND THAT IT SHALL\par \tab BE IN THE POWER OF THE PERSONS BEFORE NAMED TO ACCEPT\par \tab THE OFFICE OF TUTOR AND RENOUNCE THE OFFICE OF CURATOR \par \tab AND I HEREBY REVOKE ALL FORMER DISPOSITION AND SETTLEMENT\par \tab LEGACIES CODICALS AND OTHER TESTAMENTARY DEEDS MADE \par \tab OR GRANTED BY ME IN FAVOR OF WHATEVER PERSON OR PERSONS\par \tab PRECEEDING THE DATE HEREOF AND DECLARE THIS TO BE MY LAST\par \tab WILL AND TESTAMENT RESERVING ALWAYS TO MYSELF FULL\par \tab POWER AND LIBERTY AT ANY TIME OF MY LIFE\par \tab EVEN IN SICKNESS OR ON DEATHBED TO EVOKE ALTER AND INNOVATE\par \tab THESE PRESENTS IN WHOLE OR IN PART OR TO CANCEL THE SAME\par \tab AT PLEASURE BUT IF I SHALL NOT THINK FIT SO TO DO THESE PRESENTS\par \tab SHALL BE EFFECTUAL THOUGH FOUND IN MY CUSTODY OR IN THE CUSTODY\par \tab OF ANY OTHER PERSON TO WHOM I MAY ENTRUST THE SAME UNDELIVERED\par \tab AT MY DEATH WITH THE DELIVERY WHEREOF I HEREBY DISPENSE AND\par \tab CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND \par \tab SESSION OR OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION\par \tab AND THERETO CONSTITUTE\par \par \tab MY PROCURATORS IN WITNESS.\par \tab WHEREOF SUBSCRIBE THESE PRESENTS WRITTEN ON THIS AND THE TWO \par \tab PRECEEDING PAGES OF STAMPED PAPER BY WILLIAM MACKENZIE CLERK TO\par \tab ALEXANDER AND COLIN MACKENZIE WRITERS TO THE SIGNET ON EACH\par \tab PAGE AT EDINBURGH THE 26/11/1802 BEFORE THESE WITNESSES THE\par \tab SAID ALEXANDER MACKENZIE WRITER TO THE SIGNET AND THE SAID \par \tab WILLIAM MACKENZIE WRITER HEREOF.\par \tab ROBERT MCKENZIE\par \tab ALEXANDER MACKENZIE \tab WITNESS\par \tab WILLIAM MACKENZIE \tab WITNESS\par } [edit] SIR ALEXANDER MACKENZIE BARONET/PAULM594 {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Georgia;}{\f1\fswiss\fcharset0 Arial;}} {\colortbl ;\red255\green0\blue0;\red0\green0\blue128;\red0\green0\blue255;} {\*\generator Msftedit 5.41.15.1503;}\viewkind4\uc1\pard\cf1\f0\fs16 ASSIGNATION BY SIR JAMES SUTHERLAND MACKENZIE BT TO JOSEPH WILIAM FORBES ESQ EDINBURGH 5TH SEPTEMBER 1851 \par I SIR JAMES SUTHERLAND MACKENZIE OF TARBAT BARONET PRESENTLY RESIDING IN LONDON CONSIDERING THAT I AM INDEBTED TO JOSEPH WILLAIM FORBES ESQUIRE PRESENTLY RESIDING AT HARTFIELD COTTAGE NEAR TAIN IN THE SUM OF SIX HUNDRED AND SIXTY POUNDS STERLING AS CONTAINED IN MY PROMISSORY NOTE TO HIM OF EQUAL DATE WITH THESE PRESENTS AND PAYABLE TWELVE MONTHS AFTER DATE AND ALSO CONSIDERING THAT AS A CONDITION OF THE SAID JOSEPH WILLIAM FORBES ADVANCING THE FORESAID SUM TO ME IT WAS AGREED THAT I SHOULD GRANT TO HIM THE ASSIGNATION UNDER WRITTEN THEREFOR AND FOR THE SAID JOSEPH FORBES HIS FARTHER SECURITY OF THE PAYMENT OF THE FORESAID SUM OF SIX HUNDRED AND SIXTY POUNDS STERLING AND INTEREST THEREON AND EXPENCES AS AFTER STATED THEREBY MAKE AND CONSTITUTE THE SAID JOSEPH WILLIAM FORBES AND HIS HEIRS EXECUTORS OR ASSIGNEES MY LAWFUL SESSIONERS AND ASSIGNES NOT ONLY IN AND TO THE SUM OF THREE THOUSAND THREE HUNDRED AND NINTEEN POUNDS AND FIVE PENCE ONE THIRD OF A PENNY STERLING CONTAINED IN A BOND DATED THE NINETEENTH DAY OF FEBRUARY AND EIGHTEENTH DAY OF MARCH BOTH IN THE YEAR EIGHTEEN HUNDRED AND THIRTY FIVE GRANTED BY JOHN HAY MACKENZIE OF CROMARTY ESQUIRE ONLY SON OF THE HONOURABLE MRS MARIA MURRAY HAY MACKENZIE AND THE SAID MRS MARIA MURRAY HAY MACKENZIE TO THE DECEASED SIR ALEXANDER MACKENZIE OF TARBAT BARONET MY FATHER WHOMFAILING TO THE PARTIES THEREIN MENTIONED AND TO WHICH I HAVE NOW THE RIGHT AND TO THE INTEREST DUE OR THAT MAY BECOME DUE THEREON FROM AND AFTER THE TERM OF WHITSUNDAY LAST WITH LIQUIDATE PENALTY AND TERMLY FAILURES THEREIN SPECIFIED AND ALSO IN AND TO THE SUM OF ONE THOUSAND AND FIFTY POUNDS STERLING CONTAINED IN AND DUE BY A BILL DRAWN BY JOSEPH GORDON WRITER TO THE SIGNET AND ALEXANDER STUART WRITER IN EDINBURGH FOR BEHOOF OF ME AND THE HEIRS SUCCEDING TO ME AS THEREIN STATED UPON AND ACCEPTED BY MESSIEURS J.R.BOWINE AND COMPANY PEAK ALUM WORKS THOMAS RYMER BOWINE ESQUIRE AND CHARLES LIDDEL ESQUIRE NEAR WHITBY CONJUNCTLY AND SEVERALLY WHICH BI IS DATED THE TWELVE DAY OF MAY EIGHTEEN HUNDRED AND FORTY SEVEN AND IS PAYABLE TWELVE MONTHS AFTER DATE BUT ALSO IN AND TO THE SAID BOND AND BILL THEMSELVES WHOLE TENOR AND CONTENTS THEREOF WITH ALL THAT BHAS FOLLOWED OR IS COMPETENT TO FOLLOW THEREON SURROGATING AND SUBSTITUTING THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS IN MY FULL RIGHT AND PLACE OF THE PREMISES WITH FULL POWER TO HIM AND THEM TO DEMAND SUE FOR AND RECOVER PAYMENT OF THE SUMS THEREBY DUE TO GRANT RECEIPTS AND DISCHARGE WHICH SHAL BE SUFFICIENT TO THE RECEIVER AND ASSIGNATIONS TRANSLATIONS AND CONVEYANCES OF THE SAID BOND AND BILL ON PAYMENT THEREOF BEING RESPECTIVELY MADE AND GENERALLY TO DO EVERY OTHER THING IN THE PREMISES WHICH I COULD HAVE DONE BEFORE GRANTING HEREOF WHICH ASSIGNATION I BIND AND OBLIGE MYSELF MY HEIRS EXECUTORS AND SUUCCESSORS TO WARRANT TO THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS FROM ALL FACTO AND DEEDS DONE OR TO BE DONE BY ME IN PREJUDICE HEREOF DECLAIRING ALWAYS THAT THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS SHALL BE BOUND AND OBLIGED AS BY ACCEPTATION HEREOF THEY BIND AND OBLIGE THEMSELVES TO HOLD JUST COUNT AND RECKONING WITH ME AND MY FORESAIDS SUMS THEY MAY RECOVER IN VIRTUE OF THE SAID BOND AND BILL RESPECTIVELLY ABOVE ASSIGNED AND TO IMPUTE THE SAME PROTANTO IN EXTINCTION OF THE FORESAID SUM OF SIX HUNDRED AND SIXTY POUNDS STERLING INTEREST WHICH MAY BECOME DUE THEREON AND EXPENCES WHICH MAY BE INCURRED BY THEM AS AFTER STATED AND FARTHER DECLARING THAT THEY SHALL BE BOUND AND OBLIGED ON THEIR RECEIVING PAYMENT IN VIRTUE OF THIS ASSIGNATION IN SECURITY OF THE WHOLE OF THE SUMS OF PRINCIPAL INTEREST AND EXPENCES AS SAID IS OR ON PAYMENT BY ME OR MY FORESAIDS TO THEM OF THE SAME AND OF ALL EXPENCES AS THE SAME MAY BE DISBURSED OR INCURRED BY THEM TO THEIR OWN AGENTS IN RECOVING PAYMENT OF THE FORESAID PRINCIPAL SUM AND INTEREST WHICH MAY BECOME DUE THEREON AND AS THE SAME SHALL BE ASCERTAINED BY THEIR WRIT OR OATH TO ME AND MY FORESAIDS AT OUR EXPENSE IN THE FULL RIGHT OF THE BOND AND BILL SUMS THEREBY DUE ASSIGNED IN SECURITY AS AFORESAID OR TO MAKE PAYMENT TO US OF ANY BALANCE THAT MAY REMAIN IN THEIR HANDS AFTER DEDUCTING THE SAID SUMS AND I BIND AND OBLIGE MYSELF AND MY FORESAIDS TO MAKE THE SAID BOND AND BILL FORTHCOMING TO THE SAID JOSEPH WILLIAM FORBES AND HIS FORESAIDS TO BE KEPT AND USED BY THEM AS THEIR OWN PROPER WRITS AND EVIDENTS IN TIME COMING AND I CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND SESSION OR OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION AND IF NECESSARY THAT LETERS OF HORNING ON SIX DAYS CHARGE AND ALL OTHER LEGAL EXECUTION MAY PASS UPON A DECREET TO BE INTERPONED HERETO IN FORM AS EFFECTS AND FOR THAT EFECT I CONSTITUTE MY PROCURATORS IN WITNESS WHEROF I HAVE SUBSCRIBBED THESE PRESENTS WRITEN ON THIS AND THE PRECEDING PAGE OF STAMPED PAPER BY ALEXANDER DAVIDSON VEITCH APPRENTICE TO WILIAM MASON SOLICITORS SUPREME COURT EDINBURGH AND HERETO SET AND AFFIXED MY SEAL AT LONDON THE TWENTY THIRD DAY OF SEPTEMBER EIGHTEEN HUNDRED AND FIFTY YEARS BEFORE THESE WITNESSES HENRY VALLANCE ESQUIRE SOLICITOR IN LONDON AND JOHN NEWSHAM HIS CLERK THE PLACE AND DATE OF SIGNING AND SEALING AND WITNESSES NAMES AND DESIGNATION BEING WRITTEN BY THE SAID JOHN NEWSHAM SIGNED \cf2 JAMES SUTHERLAND MACKENZIE SIGNED SEALED DELIVERED IN PRESENCE J.VALLANCE, SPER AND SHAND LONDON, IN. NEWSHAM HIS CLERK WITNESS\par \cf3 EDINBURGH 12 OCTOBER 1850 ON THE PART OF MESSR BOWINE COMPANY WE ACKNOWLEDGE INTIMATION TO USE THIS INSTRUMENT PURPORTING TO BE AN ASSIGNATION OF CERTAIN SUMS CONSTITUTING THE RESIDUE OF THE PRICE OF THE ENTAILED ESTATE OF ROYSTON WE ARE NOT TO BE HELD AS ADMITTING THAT THE GRANTER HEIR ANY RIGHT TO THE SUMS ASSIGNED BEYOND HIS LIFE INTEREST AS PRESENT HEIR UNDER THEV ROYSTON ENTAIL OR THAT THIS ASSIGNMENT PRECLUDED MESSR BOWINE AND COMPANY FROM PAYING OF THEIR BILL ON DUE NOTICE \par SIGNED\cf1 GORDON STUART CHEYNE EDINBURGH 12 OCTOBER 1850 ON BEHALF OF THE MARCHIONESS OF STAFFORD AND THE HONOURABLE MRS HAY MACKENZIE WE HOLD THIS ASSIGNATION AS DULY INTIMATED TO THEM. WALKER AND MELVILLE.\f1\fs20\par } [edit] SIR ALEXANDER MACKENZIE BARONET/PAULM594 {\rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\froman\fprq2\fcharset0 Georgia;}} {\*\generator Msftedit 5.41.15.1503;}\viewkind4\uc1\pard\b\f0\fs16\tab RD 13/149/BOX657. DATE 31/JULY 1809\par \tab DISPOSITION AND DEED OF SETTLEMENT BY COLONEL ROBERT MACKENZIE\par \tab 26 NOVEMBER 1802 WB OFFICE 31/07/1809\par \tab PRESENTED BY JOSEPH GORDON\par \tab MR THOMAS THOMSON ADVOCATE 5 SHEETS.\par \par \par \tab I COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE HONOURABLE EAST \par \tab INDIA COMPANY FOR THE LOVE FAVOUR AND AFFECTION WHICH I HAVE AND\par \tab BEAR TO ALEXANDER MACKENZIE MY SON PROCREATED OF THE MARRIAGE\par \tab BETWEEN ME AND MRS KATHARINE SUTHERLAND NOW MACKENZIE MY WIFE\par \tab AND OTHER GOOD CAUSES AND CONSIDERATIONS MOVING ME DO BY THESE\par \tab PRESENTS IN THE EVENT OF MY DECEASE GIVE GRANT AND DISPONE TO AND\par \tab IN FAVOUR OF THE SAID ALEXANDER MACKENZIE MY SON AND THE HEIRS \par \tab WHATSOEVER OF HIS BODY WHOM FAILING TO THE HEIRS WHATSOEVER OF MY\par \tab BODY WHOM FAILING TO ROBERT MACKENZIE LIEUTENANT IN THE MAHRATTA\par \tab SERVICE MURDOCK MACKENZIE SON OF KATHARINE MCLEOD IN ASSYNT IN \par \tab THE COUNTY OF SUTHERLAND AND HUME MACKENZIE LIEUTENANT IN THE \par \tab SERVICE OF THE HONOURABLE EAST INDIA COMPANY ON THE MADRAS\par \tab ESTABLISHMENT ALL THREE MY NATURAL SONS EQUALLY AMONG THEM AND\par \tab THE HEIRS WHATSOEVER OF THEIR BODIES AND FAILING ANY ONE OR TWO\par \tab OF THEM AND THE HEIRS WHATSOEVER OF THEIR BODIES TO THE OTHER ONE\par \tab OR TWO OF THEM EQUALLY BETWEEN THEM IF TWO AND THE HEIRS \par \tab WHATSOEVER OF HIS OR THEIR BODIES WHOM ALL FAILING TO MY OWN \par \tab NEAREST AND LAWFUL HEIRS AND ASSIGNEES WHATSOEVER ALL AND \par \tab SUNDRY LANDS HERITAGES ANNUAL RENTS TEINDS ADJUDICATIONS \par \tab REVERSIONS WOODS MILLS FISHINGS TACKS HEADING AND POSSESSION\par \tab BELONGING TO ME OR WHICH SHALL BELONG TO ME AT MY DEATH AS\par \tab ALSO ALL AND SUNDRY DEBTS AND SUMS OF MONEY BOTH HERITABLE AND \par \tab MOVEABLE DUE AND OWING OR WHICH SHALL BE DUE AND OWING BY ANY\par \tab PERSON OR PERSONS TO ME AT MY DEATH BY BOND BILL DECREE ACCOUNT\par \tab PREMISE OR FACTION AS RENT OF LANDS OR ANNUAL RENTS OF MONEY OR IN \par \tab ANY OTHER MANNER OF WAY WHATSOEVER WITH THE WHOLE VOUCHERS\par \tab INSTRUCTIONS AND CONVEYANCES THEREOF WRITS AND DEEDS GRANTED\par \tab AND DILIGENCE AND EXECUTION ISSUED AND OBTAINED FOR PAYMENT AND\par \tab SECURITY OF THE SAME AND ALSO ALL AND SUNDRY CORNS CATTLE HORSE \par \tab SHEEP HOUSEHOLD PLENISHINGS AND FURNITURE INCLUDING BED AND\par \tab TABLE LINEN SILVER PLATE JEWELS TRINKETS BANK NOTES GOLD AND SILVER\par \tab COINED AND UNCOINED AND LYING MONEY CLOATHS BOOKS AND OTHER \par \tab MOVEABLE GOODS GEAR AND EFFECTS OF WHATSOEVER NATURE OR\par \tab DENOMINATION INCLUDING HEIRSHIP MOVEABLE BELONGING OR THAT MAY \par \tab BELONG TO ME AT MY DEATH WHEREVER OR IN WHOSE CUSTODY SOEVER\par \tab THE SAME MAY THEN BE DISPENSING WITH THE GENERALITY HEREOF AND\par \tab DECLARING THESE PRESENTS TO BE EQUALLY GOOD AND EFFECTUAL\par \tab TO ALL INTENTS AND PURPOSES AS IF THE SAID LANDS HERITAGES\par \tab MOVEABLE DEBTS AND OTHERS HEREBY CONVEYED WERE HEREIN \par \tab PARTICULARLY SPECIFIED AND ENUMERATED DECLARING ALWAYS AS IT IS\par \tab WHEREBY EXPRESSLY PROVIDED AND DECLARED THAT THE SAID ALEXANDER\par \tab MACKENZIE MY SON AND THE OTHER HEIRS SUBSTITUTES AND SUCCESSORS\par \tab BEFORE NAMED IN THEIR ORDER SHALL BE BOUND AND OBLIGED TO CONTENT\par \tab AND PAY MY FUNERAL EXPENSES AND ALL MY JUST AND LAWFUL DEBTS\par \tab AND PARTICULARLY WITHOUT PREDUDICE TO THE SAID GENERALITY THE\par \tab PREVIOUS CONTAINED IN A CONTRACT OF MARRIAGE ENTERED INTO BETWEEN\par \tab ME ON THE ONE PART AND THE SAID KATHERINE SUTHERLAND NOW MACKENZIE\par \tab MY WIFE ELDEST LAWFUL DAUGHTER OF THE DECEAST COLONEL JAMES\par \tab SUTHERLAND OF UPPAT WITH THE ADVICE AND CONCENT OF CAPTAIN GEORGE\par \tab SACKVILLE SUTHERLAND OF UPPAT HER BROTHER GERMAN ON THE OTHER\par \tab PART DATED THE 15/07/1801 WHICH PROVISIONS WERE CONCEIVED IN FAVOUR\par \tab OF THE SAID KATHERINE SUTHERLAND NOW MACKENZIE MY WIFE AS WELL\par \tab OF THE CHILDREN TO BE PROCREATED OF THE MARRIAGE DECLARING THAT\par \tab THE SAID ALEXANDER MACKENZIE MY SON SHALL BE ENTITLED TO THE FULL\par \tab BENIFIT OF THE PROVISIONS CONTAINED IN THE SAID CONTRACT IN SO \par \tab FAR AS THE SAME MAY BE INTERPRETED IN HIS FAVOUR OVER AND ABOVE\par \tab WHAT HE MAY DRAW FROM MY ESTATE REAL AND PERSONAL IN VIRTUE \par \tab OF THESE PRESENTS THE SAME BEING MADE AND GRANTED WITHOUT\par \tab PREJUDICE TO THE ABOVE MENTIONED PREVIOUS IN ANY MANNER OF WAY\par \tab AS ALSO MY SAID SON AND THE OTHER HEIRS SUBSTITUTING AND\par \tab SUCCESSORS BEFORE MENTIONED SHALL BE BOUND TO PAY THE\par \tab FOLLOWING LAGACIES VIZ. WHEREAS BY THE SAID CONTRACT OF MARRIAGE\par \tab AMONG OTHER PROVISIONS CONCEIVED IN FAVOUR OF THE SAID KATHARINE\par \tab SUTHERLAND NOW MACKENZIE MY WIFE IT WAS DECLARED THAT IN THE EVENT\par \tab OF MY PREDECEASING THE SAID KATHERINE SUTHERLAND NOW MACKENZIE\par \tab MY WIFE AND THAT AT THE DISSOLUTION OF THE MARRIAGE BY MY DECEASE\tab\par \tab OR OTHERWISE THERE SHOULD BE NO CHILD OR CHILDREN EXISTING \par \tab THEREOF AT THE TIME THEN AND IN THAT CASE I PROVIDED HEREIN AND\par \tab SHE WAS ENTITLED TO RECEIVE AND WAS THEREBY EMPOWERED TO\par \tab DEMAND AND RECEIVE THE INTEREST OF SIX THOUSANT POUNDS STERLING\par \tab PROVIDED TO THE CHILDREN OF THE MARRIAGE IN MANNER THEREIN\par \tab MENTIONED NOW IN CASE THE SAID EVENTUAL PROVISION SHOULD BE\par \tab VACATED IN CONSEQUENCE OF THE EXISTENCE OF A CHILD OR CHILDREN\par \tab PROCREATED OF THE MARRIAGE WHO MAY SURVIVE ME THEN AND\par \tab IN THAT EVENT I HEREBY GIVE AND BEQUEATH TO THE SAID KATHARINE\par \tab SUTHERLAND NOW MACKENZIE MY WIFE THE SUM OF TWO THOUSANT\par \tab POUNDS STERLING THEN TO THE SAID HUME MACKENZIE MY NATURAL\par \tab SON I GIVE AND BEQUEATH THE SUM OF FIVE HUNDRED POUNDS STERLING\par \tab THEN TO THE SAID ROBERT MACKENZIE MY NATURAL SON THE SUM\par \tab OF THREE HUNDRED POUNDS STERLING THEN TO THE SAID MURDOCH\par \tab MACKENZIE MY NATURAL SON THE LIKE SUMOF THREE HUNDRED \par \tab POUNDS STERLING THEN TO FRANCES MACKENZIE NOW GUNN MY\par \tab NATURAL DAUGHTER THE SUM OF TWO HUNDRED POUNDS STERLING\par \tab THEN TO MARIA MACKENZIE NOW MACAULY MY NATURAL DAUGHTER\par \tab THE LIKE SUM OF TWO HUNDRED POUNDS STERLING THEN TO COLONEL\par \tab LOUIS GRANT OF ACHUINACH LATE IN THE SERVICE OF THE HONOURABLE\par \tab EAST INDIA COMPANY THE SUM OF THREE HUNDRED POUNDS STERLING\par \tab THEN TO CAPTAIN CHARLES GRANT IN THE SERVICE OF THE HONOURABLE\par \tab EAST INDIA COMPANY ON THE BENGAL ESTABLISHMENT THE LIKE\par \tab SUM OF THREE HUNDRED POUNDS STERLING THEN TO MRS ELIZABETH\par \tab SUTHERLAND WIDOW OF THE SAID COLONEL JAMES SUTHERLAND AND\par \tab MOTHER OF THE SAID KATHARINE SUTHERLAND NOW MACKENZIE\par \tab WIFE THE SUM OF FIVE HUNDRED POUNDS STERLING AND MY SAID SON\par \tab AND THE OTHER HEIRS SUBSTITUTING AND SUCCESSORS BEFORE\par \tab MENTIONED SHALL BE BOUND TO PAY THE SAID SEVERAL LAGACIES\par \tab AT THE FIRST TERM OF WHITSUNDAY OR MARTINMAS AFTER MY DEATH\par \tab WITH A FIFTH PART MORE OF PENALTY IN CASE OF FAILURE AND THE \par \tab LEGAL INTEREST OF THE SAID SUMS RESPECTIVELY FROM THE SAID\par \tab TERM OF PAYMENT UNTIL PAID DECLAIRING THAT THE JUS MARITI\par \tab AND RIGHT OF ADMINISTRATION OF THE HUSBANDS OF THE SAID\par \tab FRANCIS MACKENZIE NOW GUNN AND OF THE SAID MARIA MACKENZIE\par \tab NOW MACAULY IS HEREBY EXPRESSLY SECLUDED AND DEBARRED IN SO\par \tab FAR AS CONCERNS THE SAID LEGACIES PENALTIES AND INTEREST\par \tab AND FOR CARRYING THESE PRESENTS INTO MORE EFFECTUAL\par \tab EXECUTION I HEREBY NOMINATE AND APPOINT THE SAID ALEXANDER\par \tab MACKENZIE MY SON WHOM FAILING THE SAID KATHARINE SUTHERLAND\par \tab NOW MACKENZIE MY WIFE THE SAID GEORGE SACKVILLE SUTHERLAND\par \tab THE SAID LOUIS GRANT THE SAID CHARLES GRANT COLONEL WILLIAM\par \tab DUNCAN IN THE SERVICE OF THE HONOURABLE EAST INDIA COMPANY\par \tab CAPTAIN HENRY WHITE IN THE SERVICE OF THE HONOURABLE EAST\par \tab INDIA COMPANY ON THE BENGAL ESTABLISHMENT AND NOW OR LATELY\par \tab AIDE DE CAMP TO HIS EXELLENCY MARQUISE WELLESLEY GOVERNOR\par \tab GENERAL OF BENGAL AND COLIN MACKENZIE WRITER TO THE SIGNET\par \tab AND THE ACCEPTING SURVIVORS OR SURVIVOR OF THEM TO BE MY\par \tab SOLE EXECUTORS EXCLUDING MY NEAREST OF KIN AND ALL OTHERS \par \tab FROM THE SAID OFFICE MOREOVER AS I JUDGE IT PRUDENT TO NAME\par \tab TUTORS AND CURATORS TO THE SAID ALEXANDER MACKENZIE\par \tab MY SON OR TO ANY OTHER CHILD OR CHILDREN WHO MAY BE \par \tab PROCREATED OF THE SAID MARRIAGE BETWEEN ME AND THE\par \tab SAID KATHARINE SUTHERLAND NOW MACKENZIE AND HAVING\par \tab ENTIRE CONFIDENCE IN THE SAID KATHARINE SUTHERLAND \par \tab NOW MACKENZIE MY WIFE GEORGE SACKVILLE SUTHERLAND\par \tab LOUIS GRANT CHARLES GRANT WILLIAM DUNCAN HENRY WHITE\par \tab AND COLIN MACKENZIE DO HEREBY NOMINATE AND APPOINT\par \tab THEM AND THE ACCEPTING SURVIVORS OR SURVIVOR OF\par \tab THEM TO BE TUTORS AND CURATORS TO THE SAID ALEXANDER\par \tab MACKENZIE MY SON AND TO SUCH OTHER CHILD OR CHILDREN\par \tab AS MAY BE PROCREATED OF THE SAID MARRIAGE DURING\par \tab THE WHOLE PERIOD OF THEIR RESPECTIVE PUPILARITIES AND MINORITIES\par \tab DECLARING THAT THE MAJORITY OF THE PERSONS BEFORE NAMED\par \tab ACCEPTING AND ALIVE AT THE TIME OR ANY ONE OF THEM\par \tab ACCEPTING AND SURVIVING THE LEAST SHALL BE A QUORUM AND\par \tab DECLAIRING ALSO THAT THEY SHALL NOT AS TUTORS OR CURATORS\par \tab BE LIABLE FOR OMISSIONS NOR SINGULI IN SOLIDUM BUT EACH\par \tab ONLY FOR HIS OWN ACTUAL INTROMISSIONS AND THAT IT SHALL\par \tab BE IN THE POWER OF THE PERSONS BEFORE NAMED TO ACCEPT\par \tab THE OFFICE OF TUTOR AND RENOUNCE THE OFFICE OF CURATOR \par \tab AND I HEREBY REVOKE ALL FORMER DISPOSITION AND SETTLEMENT\par \tab LEGACIES CODICALS AND OTHER TESTAMENTARY DEEDS MADE \par \tab OR GRANTED BY ME IN FAVOR OF WHATEVER PERSON OR PERSONS\par \tab PRECEEDING THE DATE HEREOF AND DECLARE THIS TO BE MY LAST\par \tab WILL AND TESTAMENT RESERVING ALWAYS TO MYSELF FULL\par \tab POWER AND LIBERTY AT ANY TIME OF MY LIFE\par \tab EVEN IN SICKNESS OR ON DEATHBED TO EVOKE ALTER AND INNOVATE\par \tab THESE PRESENTS IN WHOLE OR IN PART OR TO CANCEL THE SAME\par \tab AT PLEASURE BUT IF I SHALL NOT THINK FIT SO TO DO THESE PRESENTS\par \tab SHALL BE EFFECTUAL THOUGH FOUND IN MY CUSTODY OR IN THE CUSTODY\par \tab OF ANY OTHER PERSON TO WHOM I MAY ENTRUST THE SAME UNDELIVERED\par \tab AT MY DEATH WITH THE DELIVERY WHEREOF I HEREBY DISPENSE AND\par \tab CONSENT TO THE REGISTRATION HEREOF IN THE BOOKS OF COUNCIL AND \par \tab SESSION OR OTHERS COMPETENT THEREIN TO REMAIN FOR PRESERVATION\par \tab AND THERETO CONSTITUTE\par \par \tab MY PROCURATORS IN WITNESS.\par \tab WHEREOF SUBSCRIBE THESE PRESENTS WRITTEN ON THIS AND THE TWO \par \tab PRECEEDING PAGES OF STAMPED PAPER BY WILLIAM MACKENZIE CLERK TO\par \tab ALEXANDER AND COLIN MACKENZIE WRITERS TO THE SIGNET ON EACH\par \tab PAGE AT EDINBURGH THE 26/11/1802 BEFORE THESE WITNESSES THE\par \tab SAID ALEXANDER MACKENZIE WRITER TO THE SIGNET AND THE SAID \par \tab WILLIAM MACKENZIE WRITER HEREOF.\par \tab ROBERT MCKENZIE\par \tab ALEXANDER MACKENZIE \tab WITNESS\par \tab WILLIAM MACKENZIE \tab WITNESS\par } [edit] SIR ALEXANDER MACKENZIE BARONET/PAULM594 {\rtf1\ansi\ansicpg1252\deff0\deflang2057{\fonttbl{\f0\froman\fprq2\fcharset0 Georgia;}} {\*\generator Msftedit 5.41.15.1503;}\viewkind4\uc1\pard\f0\fs16\tab sasine william fraser of culbokie inverness\par \tab RS2788/3. \par \tab\par \tab\par \tab AT EDINBURGH 23/5/1856 BETWEEN THE HOURS OF TWO AND THREE IN\par \tab THE AFTERNOONTHE INSTRUMENT OF SASINE UNDER WRITEN WAS BY\par \tab JAMES MASON SOLICITOR SUPREME COURTS EDINBURGH PRESENTED\par \tab FOR REGISTRATION AND IS INGROSSED IN THE TWO THOUSAND\par \tab SEVEN HUNDRED AND EIGHTY EIGHT BOOK OF THE NEW GENERAL\par \tab REGISTER OF SASINES REVERSIONS AS FOLLOWS VIZ. AT EDINBURGH\par \tab THERE WAS BY OR ON BEHALF OF WILLIAM FRASER ESQUIRE OF\par \tab CULBOKIE LATE CAPTAIN IN THE SEVENTY SIXTH REGIMENT OF\par \tab INVERNESSHIRE MILITIA PRESENTED TO ME NOTARY PUBLIC \par \tab SUBSCRIBING A CHARTER OF SALE UNDER THE SEAL NOW USED\par \tab FOR THE GREAT SEAL OF SCOTLAND AND BEARING DATE AS IN\par \tab THE PRECEPT OF SASINE AND SEALING HEREINAFTER INSERTED\par \tab BY WHICH CHARTER VICTORIA BY THE GRACE OF GOD OF THE \par \tab UNITED KINGDOM OF GREAT BRITAIN AND IRELAND QUEEN DEFENDER\par \tab OF THE FAITH GAVE AND GRANTED AND DISPONED AND FOR EVER\par \tab CONFIRMED TO THE SAID WILLIAM FRASER AND HIS HEIRS AND\par \tab ASSIGNEES WHOMSOEVER HERITABLY AND IRREDEEMABLY ALL\par \tab AND WHOLE THE FOLLOWINGPARTS AND PORTIONS OF THE LANDS\par \tab AND BARONY OF MACDONALD VIZ. ALL AND WHOLE THOSE PARTS\par \tab AND PORTIONS LYING TO THE NORTH OF THE MARCHS OF THE FARMS\par \tab OR LANDS OF KINGSBURGH AND SCORRIEBRECK OF THE FOLLOWING\par \tab PARTS AND PORTIONS OF THE SAID LANDS OF THE BARONY OF\par \tab MACDONALD VIZ. THE TEN PENNY LAND KILLIEVAXTER IN\par \tab TROTTERNISH WITH PARTS PENDICLES AND PERTINENTS ALL\par \tab AND WHOLE THE 80 MERKS LANDS OF TROTTERNISH WITH CASTLE \par \tab TOWERS FORTALICES MANOR PLACES MILLS MULTURES WOODS\par \tab FISHING AS WELL OF SALMON AND AS WELL IN SALT WATER AS IN FRESH\par \tab WATER MOUNTAINS HILLS MUIRS MARSHES COMMONTIES PRIVILEGES\par \tab PASTURAGES PARTS PENDICLES ANNEXIS CONNEXIS OUTSETS\par \tab COMPREHENDING OR CONSISTING THE SAID LANDS AND OTHERS\par \tab OF THE ENTIRE OR ALMOST THE ENTIRE PARISH OF KILMUIR AND PART OF\par \tab THE PARISH OF SNIGZORT IN THE ISLE OF SKYE OF SKYE ALL AS\par \tab DESCRIBED IN THE ARTICLES AND CONDITIONS OF ROUP THEREOF\par \tab DATED 30/5/1855 YEARS AND WHICH NOT WITHSTANDING THE\par \tab DESCRIPTION THEREIN AND ABOVE GIVEN FROM THE TITLE DEEDS\par \tab OF THE ESTATE IT IS BY SAID CHARTERS AS IT WAS BY THE\par \tab SAID ARTICLES AND CONDITIONS OF ROUP DECLARED SHOULD\par \tab BE HELD TO COMPREHEND AND TO CONSIST OF THOSE PARTS\par \tab AND PORTIONS OF THE SAID LANDS AND BARONY OF MCDONALD\par \tab IN THE THE PARISHES OF KILMUIR AND SNZORT AND ISLAND\par \tab OF SKYE SITUATED AND LYING TO THE NORTH OF THE PRESENT\par \tab MARCHES OF THE FARMS OF KINGSBURGH AND SCORRIEBRECK\par \tab AS IN THE SAID FARMS ARE NOW POSSESSED BY MR DONALD\par \tab MCLEOD THE PRESENT TENANT THEREOF AS THE SAID LINES\par \tab OF MARCH WERE SOMETIME MARKED AND PITTED OFF BY ALEXANDER\par \tab KENNETH MACKINNON ESQ. THE FACTOR FOR THE RIGHT HONOURABLE\par \tab GODFREY WILLIAM WENTWORTH LORD MACDONALD AND NO OTHER\par \tab LANDS AND THAT FREE FROM THE FETTERS OF THE CONTRACT OR DEED\par \tab OF ENTAIL OF THE LANDS AND BARONY OF MCDONALD DATED THE \par \tab 07/9/ AND 08/11/1726 AND REGISTERED IN THE REGISTER OF TALZIES\par \tab ON THE 23/6/1836 MADE AND GRANTED BY AND BETWEEN MR KENNETH\par \tab MACKENZIE ADVOCATE OF THE ONE PART AND ALEXANDER MACDONALD\par \tab ONLY SON THEN IN LIFE OF THE DECEASED JAMES MACDONALD BROTHER\par \tab TO THE LATE SIR DONALD MACDONALD OF THAT ILK OF THE OTHER\par \tab PART AND FREE OF ALL DEBTS DILEGENCES AND INCUMBRANCES\par \tab AFFECTING THE SAID LANDS AND OTHERS ABOVE DESCRIBED UNDER\par \tab ALL THE CONDITIONS PROVISIONS AND DECLARATIONS SPECIFIED\par \tab AND CONTAINED IN THE ARTICLES AND CONDITIONS OF ROUP BEFORE\par \tab MENTIONED WHICH ARE IN SAID CHARTER SPECIALLY REFERED TO\par \tab BREVITATIS CAUSA AND WHICH TEN PENNY LAND OF KILLEVAXTER\par \tab AND EIGHTY MERK LANDS OF TROTTERNISH AND OTHERS ABOVE\par \tab DESCRIBED ARE PART OF THE LANDS AND BARONY OF MACDONALD \par \tab CONTAINED IN A PRECEPT FROM CHANCERY DATED SEVENTH MAY\par \tab EIGHTEEN HUNDRED AND THIRTY THREE FOR INFEFTING THE SAID\par \tab RIGHT HONORABLE GODFREY WILLIAM WENTWORTH LORD MCDONALD\par \tab THEREIN DESIGNED THE RIGHT HONOURABLE LORD GODFREY WILLIAM\par \tab WENTWORTH MACDONALD OF THE ISLES BARONET OF MACDONALD\par \tab LORD OF SLATE BARON MACDONALD IN THE SAID LANDS AND BARONY\par \tab OF MACDONALD AS ELDEST SON AND NEAREST AND LAWFUL HEIR OF \par \tab TALZIE AND PROVISION IN SPECIAL OF LIEUTENANT GENERAL LORD\par \tab GODFREY BOSVILLE MACDONALD OF THE ISLES BARONET OF MACDONALD\par \tab LORD OF SLATE BARON MACDONALD HIS FATHER AND INSTRUMENT OF\par \tab SASINE FOLLOWING THEREON IN FAVOUR OF THE SAID RIGHT HONOURABLE\par \tab GODFREY WILLIAM WENTWORTH LORD MACDONALD IN THE SAID LANDS\par \tab AND BARONY OF MACDONALD DATED 15/05/1833 AND RECORDED IN THE\par \tab GENERAL REGISTER OF SASINES AT EDINBURGH THE 11/07/1833 AND\par \tab WHICH LANDS AND OTHERS ABOVE DESCRIBED ARE BY THE SAID CHARTER\par \tab DISUNITED FROM ALL AND SUNDRY EARLDOMS LORDSHIPS BARONIES AND\par \tab OTHERS WHATSOEVER WHEREUNTO THEY WERE FORMERLY UNITED AND\par \tab ANNEXED OR WHEREOF THEY WERE PARTS AND PERTINENTS TO BE HOLDEN\par \tab THE SAID LANDS AND OTHERS OF THE CROWN IN FREE BLENCH FARM\par \tab FEE AND HERITAGE FOR EVER FOR PAYMENT THEREFOR OF A PENNY SCOTS\par \tab AT WHITSUNDAY YEARLY OF BLENCH DUTY IF ASKED ONLY WHICH CHARTER\par \tab ONLY WHICH CONTAINS A PRECEPT OF SASINE IN THE FOLLOWING TERMS\par \tab MOREOVER WE DESIRE ANY NOTARY PUBLIC TO WHOM THIS CHARTER\par \tab MAY BE PRESENT TO GIVE TO THE SAID WILLIAM FRASER OR HIS FORESAIDS\par \tab SASINE OF THE LANDS AND OTHERS ABOVE DESCRIBED AND THAT FREED \par \tab FROM THE FETTERS OF THE CONTRACT OR DEED OF ENTAIL ABOVE\par \tab REFERRED TO AND OF ALL DEBTS DILEGENCE AND INCUMBRANCES\par \tab AFFECTING THE SAME IN WITNESS WHEREOF WE HAVE ORDERED THE SEAL\par \tab NOW USED FOR THE GREAT SEAL OF SCOTLAND TO BE APPENDED HERETO\par \tab OF THIS DATE AND THE SAME IS ACCORDINGLY APPENDED AT EDINBURGH\par \tab THE 16/05/1856 YEARS. ARCHIBALD MCNEILL DIRECTOR OF CHANCERY\par \tab F.W.L.GORDON SUBSTITUTE KEEPER OF THE SEAL 24 POUNDS SCOTTS\par \tab MONEY IN VIRTUE OF WHICH PRECEPT I HERBY GIVE SASINE TO THE SAID\par \tab WILLIAM FRASER OF THE LANDS AND OTHERS ABOVE DESCRIBED AND THAT\par \tab FREED FROM THE FETTERS OF THE SAID CONTRACT OR DEED OF ENTAIL \par \tab BEFORE REFERED TO AND OF ALL DEBTS DILEGENCES AND INCUMBRANCES\par \tab AFFECTING THE SAME IN WITNESS WHEREOF I HAVE SUBSCRIBED THESE\par \tab PRESENTS WRITEN APON THIS AND THE TWO PRECEEDING PAGES\par \tab BY ALEXANDER ARCHIBALD APPRENTICE TO JAMES MASON SOLICITOR\par \tab SUPREME COURTS EDINBURGH BEFORE THESE WITNESSES THE SAID\par \tab JAMES MASON AND ALEXANDER ARCHIBALD BOTH ABOVE DESIGNED\par \tab PEIEGI WILLIAM MASON NOTARY PUBLIC JAMES MASON WITNESS\par \tab ALEXANDER WITNESS COLLATED BY JAMES LINDSAY WRITTEN BY\par \tab GEORGE Y. RUTHERFORD.\par \par \par \tab\par } [edit] SIR ALEXANDER MACKENZIE BARONET/PAULM594 {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fswiss\fcharset0 Arial;}} {\*\generator Msftedit 5.41.15.1507;}\viewkind4\uc1\pard\f0\fs20 C26/6 REFERENCE CHANCERY DIVISION A BRIEF REGISTERED TO THE SCOTTISH RECORD OFFICE\par \par GENERAL SERVICE OF ALEXANDER MACKENZIE HEICS TO SIR KENNETH MACKENZIE 1826\par GREAT GRANDSON OF THE FATHER OF\par \par BRIEF FOR ALEXANDER MACKENZIE PRESENTLY IN THE MILITARY SERVICE OF THE HONORABLE EAST INDIA COMPANY ELDEST LAWFUL SON OF THE DECEASED COLONEL ROBERT MACKENZIE OF THE SAME SERVICE WHO WAS ELDEST LAWFUL SURVIVING SON OF ALEXANDER MACKENZIE OF ARDLOCH THE ELDEST LAWFUL SON OF JOHN MACKENZIE OF ARDLOCH WHO WAS ELDEST LAWFUL SON OF ALEXANDER MACKENZIE OF ARDLOCH YOUNGER BROTHER GERMAN OF SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY ELDEST SON OF SIR JOHN MACKENZIE OF TARBAT AS NEAREST AND LAWFUL HEIR MALE IN GENERAL OF SIR KENNETH MACKENZIE SECOND LAWFUL SON OF KENNETH MACKENZIE AFTERWARDS DESIGNED SIR KENNETH SECOND LAWFUL SON OF THE SAID SIR GEORGE MACKENZIE OF TARBAT BARONET AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY IN AND CONFORM TO THE DESTINATION IN TERMS OF A ROYAL CHARTER OR PATENT 29 APRIL 1704 OF THE TITLE OF BARONET OF NOVA SCOTIA IN FAVOUR OF THE SAID KENNETH MACKENZIE SECOND LAWFUL SON OF THE SAID SIR GEORGE MACKENZIE OF TARBAT BART AFTERWARDS VISCOUNT TARBAT LORD MCLEOD AND CASTLEHAVEN AND EARL OF CROMARTY AND HIS HEIRS MALE FOR EVER \par SHERIFF OF ROSS\par } [edit] SIR ALEXANDER MACKENZIE BARONET/PAULM594 {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fswiss\fcharset0 Arial;}} {\*\generator Msftedit 5.41.15.1507;}\viewkind4\uc1\pard\f0\fs20 SCOTTISH RECORD OFFICE REFERENCE C22/101 CROSS REFERENCE TO ORIGINAL RETOURS C24/103 NO 33\par \par THIS ENQUIRY WAS MADE IN THE CURIA COURT OF THE VICE-COUNTY OF ROSS ON THE SIXTEENTH DAY OF THE MONTH OF SEPTEMBER IN THE YEAR OF THE LORD ONE THOUSANT EIGHT HUNDRED AND NINE BEFORE THE HONOURABLE MAN JOHN BARCLAY VICE-COUNTY OF ROSS AND THROUGH OR BY THESE HONEST FAITHFUL MEN WHOS PATRNYMS ARE SIGNED BELOW TO WIT GEORGE SACKVILLE SUTHERLAND RESIDENT OF RHIVES MISTER GEORGE MURRAY MERCHANT IN TAIN MISTER WILLIAM MURRAY MERCHANT IBID JAMES TAYLOR MERCHANT IBID S OR LAUCHLAN MCINTOSH MERCHANT IBID DUNCAN ROSS MERCHANT IBID HUGO OR HUGH MACKENZIE MERCHANT IBID DONALD ROSS MERCHANT IBID JAMES ROSS MERCHANT IBID DONALD ROSS JUNIOR MERCHANT IBID DRUM MANSEN MERCHANT IBID JOHN MCPHERSON MERCHANT IBID MISTER JOHN BLACK SCRIBE CLERK IBID JAMES ROBERTSON SURGEON IBID LIEUTENANT JOHN MUNRO RESIDENT IBID THESE PERSONS HAVING BEEN SWORN IN MAGNO SACRAMENTO INTERVENIENTE DECLARED THAT A CERTAIN LIETENANT-COLONEL ROBERT MACKENZIE IN THE SERVICE OF THE HONOURABLE SOCIETY OF THE MERCHANTS OF THE EAST INDIES IS THE FATHER OF ALEXANDER MACKENZIE PRESENTER OF THESE PRESENT PETITION THE SAID LT-COL. ROBERT MACKENZIE WAS THE LEGITIMATE FIRST BORN SON OF THE LATE ALEXANDER MACKENZIE LATELY OF ARDLOCH WHO WAS THE LEGITIMATE FIRST BORN SON OF THE ALSO DEFUNCT JOHN MACKENZIE OF ARDLOCH WHO WAS THE LEGITIMATE FIRST BORN SON OF THE ALSO DEFUNCT ALEXANDER MACKENZIE WHO WAS THE LEGITIMATE SON OF LORD JOHN MACKENZIE OF TARBAT AND GERMAIN BROTHER OF GEORGE VICE-COUNT OF TARBAT AND LATER EARL OF CROMARTY BOTH WHOM ARE DEAD AND WHO WAS MALE HEIR TALLICE TALLIAE ET PROVISIONIS DESERVITUS ET RETORNATUS TO A CERTAIN KENNETH MACKENZI