Notice of petition
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NOTICE.
INTIMATION is Hereby Given,
that Colonel THOMAS MONTEATH DOUGLAS of Rosehall and Stonebyres,
has presented a Petition to the Court of Session (Mr Lindsay,
Clerk), in terms of the Act 11 tli and 12th Victoria, cap. 36,
entituled ' An Act ' for the Amendment of the Law of Entail in
Scotland,' praying the Court to authorise and ordain the
Trustees acting under the Trust-Disposition and Deed of
Settlement executed by the deceased James Moiiteatli Douglas,
Esquire of Rosehall and Stonebyres, dated 30th September 1844,
and five Codicils thereto, all registered in the Books of
Council and Session the 13th June 1850, to dispone and convey, or
pay and make over to the said Colonel Thomas Monteath Douglas,
the Petitioner, in fee-simple, and for his own use and behoof,
the whole Estate, Funds, and Effects, heritable and moveable,
vested in them, or to which they have right, as belonging to or
forming part of the trust-estate of the deceased Major
Archibald Douglas Monteath, second son of the deceased Walter
Monteath, Merchant in Glasgow, and falling under the provisions,
and applicable to the purposes of the Trust created by the last
Will and Testament executed by the said deceased Archibald
Douglas Monteath, dated the 9th May 1838, and various Codicils
thereto, all registered as Probative Writs in the Sheriff Court
Books of Lanarkshire, at Glasgow, the 25th June 1842, under
which Will and Codicils the said James Monteath Douglas was sole
Executor and Trustee of the said deceased Archibald Douglas
Monteath ; and also such sum or sums of money as may be due by
the said Trustees, or from the trust estate of the said deceased
James Monteath Douglas to the trust-estate of the said Archibald
Douglas Monteath, in respect of the intromissions had by the
said James Monteath Douglas, or by the said Trustees as
representing him, with the trust-estate of the said deceased
Archibald Douglas Monteath and prices and proceeds thereof; but
always subject to and under the burden of any claims which the
said Trustees, or any other parties may have upon the
trust-estate of the said deceased Archibald Douglas Monteath,—the
residue of the Funds and Estate under the Trust created by the
said last Will and Settlement of the said deceased Archibald
Douglas Monteath, (after payment of Debts, Legacies, and other
charges) being thereby directed to be applied in the purchase of
land to be Entailed,and the Petitioner being the party who, if
that direction had been carried into effect, would be the heir
or institute in possession of the Entailed Land; On which
Petition the Lords of the First Division of the Court pronounced
the following Interlocutor :—' Edinburgh, 4th June 1852.—The
Lords appoint this Petition to be intimated on the Walls and in
the Minute-Book for fourteen days, and advertised in the
Edinburgh Gazette and Newspapers mentioned in the Petition, in
terms of the Statute; and further, grant warrant for serving the
same on the persons mentioned in the prayer thereof; and ordain
them to lodge Answers there-to, if so advised, within fourteen
days from the date of service if within Scotland, and sixty days
if furth thereof; such service to be made in terms of the Act of
Sederunt.
(Signed) ' DUN. M'NEILL, I.P.D.
DUNDAS &
WILSON, C.S.,
16, St Andrew Square, Edinburgh,
Agents for
the Petitioner.
Edinburgh, 4th June 1852. |
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