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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.
16, St Andrew Square, Edinburgh,
Agents for the Petitioner.
Edinburgh, 4th June 1852.




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Last modified: Monday, 25 March 2024