Empowering the Court of Session to sell parts of the estate of Crieve (Dumfries and Roxburgh) for the discharge of debts and burdens, settling the estate of Murrayfield and others (Dumfries) and vesting in Thomas Beattie, in lieu, parts of the estate of C Act 1831

Publication Date:January 01, 1831
 
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Empowering the Court of Session to sell parts of the estate of Crieve (Dumfries and Roxburgh) for the discharge of debts and burdens, settling the estate of Murrayfield and others (Dumfries) and vesting in Thomas Beattie, in lieu, parts of the estate of C Act 1831

(1 & 2 Will. 4) c. 2

An Act to empower the Judges of the Court of Session in Scotland to take an Account of the Debts and Burdens affecting and that may be made to affect the Entailed Estate of Grieve, and others, in the Counties of Dumfries and Roxburgh, and to sell such Part of the said Estate as may be sufficient to discharge the said Debts and Burdens; and likewise for settling and securing the Lands and Estate of Murray-field, and others, in the said County of Dumfries, to and in favour of Thomas Beattie of Crieve, Esquire, and the Series of Heirs entitled to take by a certain Deed of Entail made by Thomas Beattie of Crieve, Esquire, now deceased, and under the Conditions and Limitations contained in the said Deed; and for vesting in lieu thereof certain Parts of the Estate of Crieve in the said Thomas Beattie Esquire, and his Heirs and Assigns, in Fee Simple.

[30th July 1831]

ANNO PRIMO & SECUNDO GULIELMI IV. REGIS. **************************************************** Cap. 2. An Act to empower the Judges of the Court of Session in Scotland to take an Account of the Debts and Burdens affecting and that may be made to affect the Entailed Estate of Crieve, and others, in the Counties of Dumfries and Roxburgh, and to sell such Part of the said Estate as may be sufficient to discharge the said Debts and Burdens; and likewise for settling and securing the Lands and Estate of Murray- field, and others, in the said County of Dumfries, to and in favour of Thomas Beattie of Crieve, Esquire, and the Series of Heirs entitled to take by a certain Deed of Entail made by Thomas Beattie of Crieve, Esquire, now deceased, .and under the Conditions and Limitations con- tamed in the said Deed; and for vesting in lieu [Private.] f thereof 22 Entail of Crieve made by Thomas Beattie Esquire, deceased, dated 4tli May 1822. 1 & 2 GULIELMI IV. Cap.2. thereof certain Parts of the Estate of Crieve in the said Thomas Beattie Esquire, and his Heirs and Assigns, in Fee Simple. [30th July 1831.] W HEREAS Thomas Beattie Esquire, of Crieve, deceased, by Disposition and Deed of Entail bearing Date the Fourth Day of May One thousand eight hundred and tswenty-two, and registered in the Books of Council and Session the Twenty-ninth Day of December One thousand eight hundred and twenty-seven, did, for the Causes therein specified, give, grant, and dispone to himself; whom failing, to Thomas Beattie his Son, then residing at Yetbyre, procreated between him and the now deceased Helen Johnstone, Daughter of the late Robert Johnstone of Over Courance, and the Heirs Male of the Body of the said Thomas Beattie; whom failing, to the Heirs Female of his Body; whom failing, to Jane Beattie, Daughter procreated betwixt the said deceased Thomas Beattie and the said Helen Johnstone, then residing at Yetbyre, and the Heirs Male of her Body; whom failing, to the Heirs Female of her Body; whom failing, to John Bell of Dunnabie, only Son procreated of the Marriage betwixt the deceased Isobel Anne Beattie, the said deceased Thomas Beattie's Daughter, and the also deceased Richard Bell of Dunnabie, and the Heirs Male of his the said John Bell's Body; whom failing, to the Heirs Female of his Body; whom failing, to Helen Bell, Daughter procreated of the said Marriage betwixt the said Isobel Anne Beattie and the said Richard Bell, Spouse of James Hope Stewart Esquire, residing at Gilknbierigg; whom failing, to Thomas Stewart their second Son, and the Heirs Male of his Body ; whom failing, to the Heirs Female of his Body; whom failing, to William Stewart the eldest Son of the said Helen Bell and James Hope Stewart, and the Heirs Male of his Body; whom failing, to the Heirs Female of his Body; whom failing, to the other Heirs Male of her the said Helen BelVs Body; whom failing, to the Heirs Female of her Body; whom failing, to Thomas Elliot, Farmer in Whitehouse, in Mr. Scotfs of HardenEstate, Roxburghshire, and the Heirs Male of his Body; whom failing, to the Heirs Male and Female descending of their Bodies; whom failing, to Alexander Hay Borthwick in Hopsrigg, Nephew of Margaret Borthwick his .thelsaid Thomas Beattie's Spouse, and the Heirs Male of his Body; whom failing, to the Heirs Female of his Body; whom failing, to any other Heir or Heirs, Person or Persons, to be named by the deceased Thomas Beattie in any Nomination or other Deed to be executed by him at any Time during his Life ; and failing of such Nomination and of the Persons so to be named and their Heirs, then to his own nearest Heirs and Assignees whomsoever, heritably and irredeemably, the Heir Male always succeeding in preference and to the Exclusion of Heirs Female, and the eldest Heir Female and the Descendants of her Body excluding Heirs Portioners, and succeeding without Division through the whole Course of the Female Succession,, and the Daughter or Heir Female of the Body of the Heir who was last in Possession of the said Thomas Beattie's Lands and Estate (whether such Heir was served Heir of Tailzie or not,) and-the Heirs of the Body of such Daughter or Heir Female, succeeding always in prefe- rence !?& 2 GULIELMI IV. Cap.% fence to the Daughter or Heir Female of any former Heir as often as the Succession shall devolve upon Daughters or Heirs Female throughout the whole foresaid Course of Succession, the Line of Succession with this Variation continuing in all other respects the same, heritably and irredeemably; all and whole his several Lands and Heritages herein-after specially described; videlicet, all and whole the Two-merk Land of Creive or Creiff, and One-merk Land of Glaistors, with the Mills, Multures, and Pertinents thereof; and also all and whole the Lands of Newlands, with the Parts, Pendicles, and Pertinents of the same, all lying within the Parish of Tundergarth, formerly within the Barony of Holmains, but now disjoined there from, within the Stewartry late of Annandalc and Sheriffdom of Dumfries; as also all and whole the Lands of Muckledale and Muckledale Hope, with all and sundry Manor Places, Houses, Biggings, Woods, Yards, Orchards, Tofts, Crofts, Onsets, Insets, Annexes, Connexes, Mosses, Muirs, Meadows, Pasturages, Com- monty, Common Pasturages, Parts, Pendicles, and Pertinents thereof whatsomever, extending to a Nineteen-merk Land lying in Ewesdale, within the Parish thereof and Sheriffdom of Dumfries, together with the Teinds, Parsonage, and Vicarage of the whole foresaid Lands; as also all and whole the Lands of Crossdykes or Corsdykes, extending to a Land of old Extent, with the Teinds, Parsonage, and Vicarage of the same, together with the Houses, Yards, Parts, Pendicles, and universal Pertinents thereof, lying in the Parish of Hutton and Sheriffdom of Dumfries ; as also all and whole the Three-pound-six-shilling-and-eightpenny Land of Cassock, called Over Cassock, the Fifty-shilling Land of West Side of Tamleuchar, and Fifty-shilling Land of Glendargue, with Houses, Biggings, Yards, Crofts, Tofts, and universal Pendicles and Pertinents of the same, lying in the Parish of Eskdalemuir, in the Tenantry of Dumfeddling, Bailiary of Melrose, and Sheriffdom of Dumfries, together with the Teinds, Parsonage, and Vicarage of the same; as also all and whole the Lands of Mains of Halldykes; as also all and whole the Lands of Catchhall, and others, which were formerly annexed to the said Lands of Mains, and likewise that Part of the Lands of Rosebank or Foul- foor£adjoining to the said Lands of Catchhall, and lying South-west of the Miln and Miln Lands of Scroggs or Tundergarth, reserved by the former Proprietor of the Lands of Halldykes from the Sale of the said Lands of Rosebank to Thomas Henderson conform to the Disposition thereof, all which Lands of Halldykes and Catchhall, and reserved Part of Rosebank thereby disponed, being Parts and Portions of the Ten-pound Land of Little Hutton, with the Mansion House of the said Lands of Mains, and all other Houses, Buildings, Yards, Mosses, Muirs, Parts, Pendicles, and Pertinents of the said Lands of Mains and Catchhall, and formerly reserved Part of Rosebank, were lately possessed by William Bell, Tenant thereof, and lie within the Parish of Dryfesdale Stewartry, late of Annandale, and Sheriffdom of Dumfries, together with the Teinds, Parsonage, and Vicarage of the said Lands ; also all Room and Place in the Church and Churchyard of Dryfesdale, excepting the Burying Ground within the inclosed Aisle of the Family of Halldykes in the old Churchyard of Dryfesdale, and farther the Right of casting Peats in the Murdoch Moss on the Lands of Sloda Hill, conform to the Valuation 1&2GULIELMI IV. Cap.%. Valuation of the said Lands, in proportion to the other Lands of tt# said Ten-pound Land of Little Button; and also all and whole the Lands of Hartsgarth and Langhaugh, with the Houses, Biggings^ Yards, Mosses, Muirs, Meadows, Woods, Fishings, Parts, Pendicle*, and Pertinents thereof, as the same were formerly possessed hy William Sharp of Hartsgarth, all lying within the Lordship of Ltik disdale, Parish of Castletown, and County of Roxburgh; as also the Teinds, Parsonage, and Vicarage of all and whole the said Lands, &f Hartsgarth and Langhaugh; and also all and whole that Piece of Haugh Ground lying on the North-west Side of the Water of Hermitage, opposite to the Onstead of Leuch, and bounded by * Part of Hartsgarth Haugh on the East, West, and North, and by, the Water of Hermitage on the South Parts; and also all and whole that other Piece of Haugh Ground called Lady's Haugh, lying, at Hartsgarth Burnfoot, and bounded by the Water of Hermitage on the East and South, and by the Lands belonging to the Duke of Buccleuch on the West, and by the Lands of Hartsgarth on the...

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