1863 Sale of Killiechassie

By Harry George Gordon to Edward Octavius Douglas and Mrs Hannah Charlotte Scott Douglas

(Transcript of Sasine 3315.80 – refer to the images included at the end of this page of the original text.)

Harry George Gordon sells Killiechassie to the trustees of the marriage contract between Edward and Hannah Douglas. The right of sepulture is amended by an agreement made between Harry George Gordon and James Stewart Robertson of Edradynate. Irrespective of this right, the burial ground remains part of the Estate of Killiechassie. The right of sepulture is solely for the burial ground and does not extend to the surrounding enclosure which the owners of the Estate of Killiechassie may enjoy as ‘ornamental ground’. James Stewart Robertson and his heirs take on the obligation to maintain the chapel and burying ground in a complete state of repair. These rights and obligations are to be written into all future conveyances and transmissions of the Estate of Killiechassie.

SASINE 3315.80 12^th November 1863

At Edinburgh the twelfth day of November in the year One thousand eight hundred and sixty three between the hours of three and four afternoon the Disposition under written with Warrant of Registration thereon was presented by James Haswell Writer Edinburgh and is with said warrant of Registration regarded as follows viz I Harry George Gordon Esquire of the Oriental Bank Corporation in London heritable proprietor of the lands and others hereinafter disponed considering that the said lands and others were exposed by me to Public Roup and Sale on the fifth day of May Eighteen hundred and sixty three in terms of certain Articles and Conditions of Roup executed by me upon the seventeenth day of April Eighteen hundred and sixty three by which it was inter alia declared that the purchasers entry to the said lands and others should be as at the term of Whitsunday Eighteen hundred and sixty three, and that the price offered should bear interest at the rate of four per cent per annum for the six months from the said term of entry to the term of Martinmas Eighteen hundred and sixty three and should, with such interest be payable at the said term of Martinmas to me my heirs executors or assignees And by the said Articles and Conditions of Roup it was further declared that upon payment of the price with interest as aforesaid I should grant a Disposition of the said Lands and others containing the clauses therein enumerated and herein contained: And further considering that James Auldjo Jamieson Writer to the Signet Edinburgh having offered for the said lands and others the sum of Thirty five Thousand pounds and the said James Auldjo Jamieson being the only offerer for the said lands and others and he having declared that the purchase was made for Sir George Henry Scott Douglas of Springwood Park Baronet Sir Archibald Hope of Pinkie Baronet, and John Campbell Sharp Esquire Professor of Humanity in the United Colleges of Saint Salvator and Saint Leonard, St Andrews the Trustees acting under the Settlements made on the marriage betwixt Edward Octavius Douglas Esquire and Mrs Hannah Charlotte Scott Douglas his wife the said Sir George Henry Scott Douglas Sir Archibald Hope and John Campbell Sharpe as Trustees foresaid were by the Judge of the Roup preferred to the purchase and by Minute subjoined to the said Articles, the said James Auldjo Jamieson as taking burden on him for the said Trustees enacted himself accordingly and bound and obliged the said Trustees and the survivors and survivor of them and their successors in office and the Trust Estate under their charge to implement the whole of the said Articles and Conditions as far as incumbent on the purchaser in every respect under the penalty therein specified, as the said Articles of Roup and Minute of Sale and Enactment more fully bear: And seeing that the said Sir George Henry Scott Douglas, Sir Archibald Hope and John Campbell Sharp as Trustees acting under the Settlement in the English form dated second November Eighteen hundred and fifty nine entered into on the marriage of the said Edward Octavius Douglas youngest son of the late Henry Alexander Douglas Esquire and brother of Robert Johnstone Douglas Esquire of Lockerbie and Mrs Hannah Charlotte Scott Douglas now his wife have accordingly in terms of the said Articles made payment to me (out of the funds assigned by the said Mrs Hannah Charlotte Scott Douglas to them as Trustees foresaid of the sum of Thirty five thousand Pounds Sterling as the purchase price of the said lands and others together with the sum of Seven hundred Pounds Sterling being the interest thereon at 4 per cent from the said term of Whitsunday last to the date of delivery hereof amounting to the sum of Thirty five thousand seven hundred pounds Sterling of which principal and interest I do hereby acknowledge the receipt. Therefore in implement of the said Articles and Conditions of Roup and Minute of Sale I do hereby sell alienate and dispone to and in favor of the said Sir George Henry Scott Douglas Sir Archibald Hope and John Campbell Sharp and to any other person or persons who shall be assumed or appointed as Trustees to act in the Trust created by the said Marriage Settlement in manner therein mentioned or otherwise and to the survivors or survivor of the Trustees above named and of the person or persons to be assumed or appointed as aforesaid and who shall accept of the said trust the majority for the time being a quorum but in trust always for the uses ends and purposes with the powers and under the conditions and provisions contained in the said Marriage settlement and to the Assignees or disponees of the said Trustees or Trustee acting for the time heritably and irredeemally. All and whole the eight pound land of the Barony of Killiechassie viz the one pound six shilling land of Balnacraig the one pound six shilling eight penny land of Balnachappell the two merk land of the Mains of Ballinloan the half merk land of Croft of Mains, the one pound forty penny Land of Tomachellie the twenty four shilling land of Borlick and the one pound ten shilling land of Cuill lying within the Parish of Logierait late Regality of Atholl and shire of Perth by all and Haill the meiths and Marches of the same as they lie in length and breadth with houses biggings yards mosses muirs meadows marshes pasturages sheilings woods as well of oak as other woods fishings as well of salmon as other fishings doves dovecots cunnies cunningaries hereyelds common pasturages with free ish and entry brewseats onsets insets annexis connexis parts pendicles and other pertinents of the same whatsoever teinds parsonage and vicarage of the said lands Together with my whole right title and interest in the said lands and others But reserving always to the descendants of the late Reverend Robert Stewart of Killiechassie the sole and exclusive right of sepulture in all time coming within the family burying ground or chapel situated within the foresaid lands and now enclosed by a stone wall and surrounded by trees with free ish and uninterrupted access thereto at all times for the purpose of sepulture or for visiting the same and that as provided by the said Articles and Conditions of Roup in the terms specified in my title and in an agreement as to said right of sepulture entered into between me and James Stewart Robertson Esquire of Edradynate one of the descendants of the said Reverend Robert Stewart the ninth and fifteenth days of December Eighteen hundred and fifty eight and recorded in the Books of Council and Session the sixth day of January Eighteen hundred and fifty nine and in respect it is by the said Articles and Conditions of Roup declared that the Disposition to be granted to the purchaser shall contain clauses as to the right of sepulture in the said Burying ground or chapel in the terms specified in the said Agreement which is by the said Articles of Roup specially referred to and held as repeated *brevitatis causa and which agreement it is thereby provided that the purchaser should be bound to implement in all points; And which agreement my said Disponees by acceptation thereof hereby bind themselves and their foresaids to implement in all points Therefore the said clauses as to the right of sepulture are herein inserted verbatim as contained in the said Agreement viz; “First That the absolute right of property in the said Chapel or Burying ground of Killiechassie belongs to and shall continue to belong to the said Harry George Gordon and his heirs and successors in the said Estate of Killiechassie but under burden always of the right of sepulture reserved by the said Clause above narrated and hereinafter expressed Second That the right of sepulture reserved by the clauses above written shall forever be held to be the sole and exclusive right of sepulture to the descendants of the said Reverend Robert Stewart and it is hereby declared accordingly that the said descendants shall in all time coming have the exclusive and uninterrupted right of sepulture within the said Family Burying ground or chapel above described with free ish and uninterrupted access thereto at all times for the purposes of sepulture or for visiting the same it being expressly declared that the said reservation is intended and shall apply solely and exclusively to the right of sepulture within the said chapel and shall not be held to apply to the enclosure around the same, which with any wood thereon shall remain the exclusive property of the said Harry George Gordon and his heirs and successors it being hereby provided that they the said Harry George Gordon and his foresaids shall not be entitled to remove or in any way disturb the said enclosure wall or to use the ground within the same for the purposes of sepulture, but they shall be entitled in every other respect to use the said enclosure and wood growing thereon at pleasure, such use not being inconsistent with the purpose to which it is at present applied as ornamental ground attached to the said chapel Third That the said James Stewart Robertson engages to relieve the said Harry George Gordon and his foresaids of the obligation undertaken by him to maintain and uphold the said chapel and enclosures and the said James Stewart Robertson accordingly binds and obliges himself and his heirs to maintain and uphold the said chapel or burying ground and walls enclosing the same in a thorough and complete state of repair in all time hereafter so that the said chapel and enclosure walls may not become a nuisance or eyesore to the said Harry George Gordon or his successors in the said Estate of Killiechassie. Fourth That a clause in terms of this Agreement shall be inserted in all future conveyances and transmissions of the Estate of Killiechassie and the said Harry George Gordon binds and obliges himself and his foresaids accordingly to this effect” with entry to the said lands and others as at the said term of Whitsunday Eighteen hundred and sixty three Notwithstanding the date hereof To be holden the said lands and others a me vel de me; And I resign the said lands and others, for new investment or investiture And I assign the Writs conform to an Inventory thereof subscribed by me as relative hereto And I have delivered up to my said Disponees the whole of the Writs and title deeds mentioned in that Inventory with the exception of the Writs forming Numbers two eight ten eleven fifteen eighteen and nineteen thereof which are not in my possession but as to which I hereby assign to my said disponees all right competent to me to have the same delivered or made forthcoming to me or my predecessors or authors as proprietors of the said lands of Killiechassie. And it is hereby at the request of the said trustees specially provided and declared that purchasers lenders or other parties transacting with the said trustees in reference to the lands and others hereby disponed or any part or parts thereof shall have no concern with the purposes of the trust created by the said Marriage Settlement or with any of the provisions and conditions therein contained and they shall not be bound or entitled to enquire as to the application of the sums to be paid or lent by them to the said trustees but shall be effectually exoncered and secured by the receipts conveyances Bonds and Dispositions in security and other writings to be granted to them by the trustees or trustee acting for the time in the trust created by the said Marriage Settlement declaring always that no responsibility shall attach to me in consequence of or in relation to the above written provision and declaration And I assign the rents it being hereby specially provided and declared in regard to all the lands except the fields let for pasture during season Eighteen hundred and sixty three that the rents actually payable by the tenants at Whitsunday Eighteen hundred and sixty three shall belong to me and that the rents payable by the tenants at Martinmas Eighteen hundred and sixty three and at all subsequent terms shall belong to my said disponees and in regards to the fields let for the pasture of the Season Eighteen hundred and sixty three one half of the rents of these fields shall belong to me and the other half to my said Disponees and I bind myself to free and relieve the said trustees and their foresaids of all feu Church and teind duties casualties and public parochial and local burdens due and payable for the said lands and others for the period preceeding the said term of entry. And I grant warrandice under the exception of the current tacks and feu rights of the said Lands and others with power to the said disponees and their foresaids to quarrel and impugn the same on any ground not inferring recourse against me or my foresaids and under the declaration that my said disponees and their foresaids shall be bound to relieve me of all claims anywise competent to tenants in virtue of their respective tacks for meliorations or on any other account And I consent to registration hereof for preservation and execution. In witness whereof I have subscribed these presents written on this and the four preceding pages of stamped paper by James Stirling Clerk to Thomas Graham Murray Writer to the Signet at London the eighteenth day of August Eighteen hundred and sixty three before these witnesses John Robb and Henry Webster both Clerks in the office of the said Oriental Bank Corporation London (signed) H G Gordon John Robb Witness Henry Webster witness…………….

Register on behalf of for George Henry Scott Douglas of Springwood Park Baronet Sir Archibald Hope of Pinkie Baronet and John Campbell Sharp Esquire Professor of Humanity in the United Colleges of Saint Salvator and St Leonard Saint Andrews as trustees acting under the Settlement in the English form dated second November Eighteen hundred and fifty nine entered into on the marriage of Edward Octavius Douglas Esquire youngest son of the late Henry Alexander Douglas Esquire and brother of Robert Johnstone Douglas Esquire of Lockerbie and Mrs Hannah Charlotte Douglas his wife (signed) Jas Auldjo Jamieson W S Edinburgh Agent of the said Sir George Henry Scott Douglas Sir Archibalkd Hope and John Campbell Sharp as trustees foresaid.

Collated by James Findlay Written by

Collated by John Bouchard N Gregor Munro

*Brevitatis causa (Scots Law: for the sake of brevity) Used in legal documents to show that another document has been incorporated by reference but not fully quoted