Reference numberCON 5/5/2
TitlePapers in Case Sholto Charles, Earl of Morton, defender, v. Mr. John Douglas, and his guardians, pursuers.
DescriptionMemorial (i.e. Statement of Case) made on behalf of the Earl of Morton, at the request of the Court. Quotes marriage contract of 30 July, 1755 under which provision for children was to be made. By the Earl's death the Memorialist succeeded to the lands of the estate in Fife and Midlothian worth £2,000 a year but entailed by father. Had also hoped to succeed to the Earldom of Orkney and Lordship of Zetland - the most valuable family estate - but the father sold it for £63,000 (£30,000 of which was settled on the Memorialist, although father promised him £40,000 in trust to buy land in Scotland under the same entail.) All he got personally by his father's death does not cover the debts and the funeral expenses. Review of estate accruing to children of 2nd. marriage shows that it far exceeds the obligations of the marriage contract, by which they were to receive £26,000. Instead John Douglas has had £33,600 and a house in Brook St., valued at £6,000. The Memorialist thought that quite enough but the late Earl executed a deed on the day of his death making the £9,000 due by a heritable bond granted by Robert Pringle, Clifton, Esq., payable to the pursuer. This has caused the action. Memorialist regards it as invalid because done with only one notary and on death bed under undue influence. Thinks that Earl only had the idea - to implement the marriage contract - but obligations of that have been satisfied. Intention not enough. Law of Scotland must apply to heritable subjects. £9,000 cannot be part of the £30,000 because only lands in Scotland are to come out of that in Fife. Memorialist's counsel - Henry Dundas. Attached: Account showing to what Mr. Douglas has a right under the will excluding the £9,000. £23,600 and house in Brook St., which makes a total of £35,600 whereas he is only entitled to £26,000.
DateUndated (c.1769)
CreatorNameHeathcote family of Conington Castle
RepositoryHuntingdonshire Archives

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F/0002Heathcote; family; of Conington Castle1652-Present
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