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Country code |
GB |
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Repository code |
234 |
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Organisation |
NAS |
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Repository |
National Records of Scotland |
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Reference |
GD141/341 |
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Title |
Petition to Parliament by John McCulloch elder now of Barholm and John McCulloch younger his eldest son, narrating that his grandfather the deceast John McCulloch of Barholm who died in 1749 made certain irrational entails of the estate of Barholm in 1741, 2, 6 and 7 all of which by decreet were set aside as ineffectual at the instance of the Petitioner in 1752 who as heir took the estate in fee simple. On 6th March 1751 Petitioner made a contract with his sister Isabel Gordon for re-entailing the estate on himself for life and on John McCulloch younger his eldest son and his heirs male in fee with remainder to
(1) Any heirs male of Petitioner
(2) Any heirs of Petitioner
(3) The said Isabel Gordon and her heirs.
(4) Any other heirs named by Petitioner in the entail.
Ten years later Isabel sued Petitioner on the contract and in 1762 such actual entail was executed. Its terms were as follows:-
[1] To John McCulloch his eldest son, his heirs male, then his heirs female.
[2] William McCulloch 2nd son, heirs male, then female.
[3] Henry McCulloch 3rd son heirs male then female.
[4] Any other sons in order of seniority, heirs male then female.
[5] Jean McCulloch eldest daughter, her heirs male then female.
[6] Mary McCulloch 2nd daughter her heirs male then female.
[7] Elizabeth McCulloch 3rd daughter, her heirs male then female.
[8] Any other daughters in seniority, heirs male then female.
[9] Isabel Gordon, entailers sister, relict of William Gordon.
[10] Alexander Gordon eldest son of Isabel; his heirs male then female.
[11] David Gordon 2nd son of Isabel, his heirs male then female.
[12] Robert Gordon 3rd son of Isabel, heirs male then female.
[13] Any other son of Isabel, heirs male then female.
[14] Marion Gordon eldest daughter of Isabel, heirs male then female.
[15] Jean Gordon 2nd daughter of Isabel, heirs male then female.
[16] Isabel Gordon 3rd daughter of Isabel, heirs male then female.
[17] Willhelmina 4th daughter of Isabel, heirs male then female.
[18] Any other daughter of Isabel, heirs male then female.
[19] Any heir Petitioner wished to add to entail |
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Dates |
c 1763 |
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Access status |
Open |
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Description |
[No date, but post 1763].
This entail was recorded in the Register of Entails in 1763 and charter and infeftment followed. But between the dates of the contract and the execution of the entail Petitioner contracted debts to the extent of £13,705 sterling and both he and Isabel Gordon realised that it was impossible for the entail to operate as the estate rental was only £728-16-4 sterling. An attempt to place the estate in Trust was ineffectual so Petitioner brought an action in Court of Session for revocation of the entail in order to pay debts and re-entail the remains of the estate as before. The Court at the instance of Jean McCulloch, daughter of the Petitioner and only objector, dismissed the action on the ground that the entail was founded on a contract, which decision was upheld by the House of Lords. The creditors then commenced actions of Adjudication, hence the Petition to Parliament that the debts contracted before the date of execution of the entail be ascertained and enough of the estate sold to meet them; the residue to be laid out on lands which shall be subject to the entail of 1762. |
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File |
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