| RefNo | KCON/5/5/1 |
| AltRefNo | CON 5/5/1 |
| Title | Morton v. Douglas Papers in Case. |
| Description | The Hon John Douglas, second son of the decd. James, Earl of Morton and his guardians, pursuers v. Sholto Charles, now Earl of Morton, defender. Memorial (i.e. Statement of Case) made on behalf of the Hon. John Douglas, at the request of the Court. Under the marriage contract of 30 July, 1755 between the late Earl of Morton and Bridget Heathcote, the Earl undertook to provide for children of marriage; By deeds of 19th July, 1766 and 16 Oct. 1767, he provided £30,000 in trust to his eldest son in tail male. By will of 2 Aug. 1766 Earl made provisions for all his children. The point at issue us a £9,000 debt conveyed to the Earl on 1 Aug. 1768. This was meant to be secured to pursuer withright of disposal and Earl signed the deed doing this on 11 Oct. 1768 in the presence of one notary. Eldest son says that this is invalid under Scottish law, which demands the presence of 2 notaries and also because it was done on a deathbed. Pursuer argues that the Earl's intention was quite clear and he was bound to make provision for pursuer under marriage contract. Precedents are quoted to show that legal doubts do not matter in such a case, i.e. the implementing of a prior obligation and where the father's wish was clear. The pursuer would in any case have got it by his father's will - it was only purchased in this manner to get more interest for him. If the defender takes the £9,000 it must be as part of his £30,000. The pursuer would certainly have won under English law. Hopes the Court will make Robert Pringle of Clifton pay the £9,000 to the pursuer. |
| Date | undated (c.1769) |
| CreatorName | Heathcote family of Conington Castle |
| Repository | Huntingdonshire Archives |
Show related Persons records.
Persons
| Code | PersonName | Dates |
| F/0002 | Heathcote; family; of Conington Castle | 1652-Present |