Dues of Dundee 1760-61 recording the use of the cloth at his funeral (D.M.D. 57). He Part II. had never married, and with his death the male line of his great great grandfather Chap. IV. Alexander Wedderburn, second of Kingennie, became extinct. The male representation of Alexander Wedderburn, first of Kingennie, then fell to the descendants of his second son James (post, Part iii.), while the heirs of line were first, David's sister Grizel, and at her death, unmarried, in 1778, the descendants of John Scrymgeour of Kirktoun, by Magdalene, eldest daughter of Alexander Wedderburn, third of Kingennie (post, chap. v.). On David's death his sister Grizel was retoured his heir (see below), and was also declared executrix of his "testament dative" 24 Feb. 1762 (S. W. 612; Br.T. 26), her executorship of his estate being occasionally named, e.g, 6 July 1761, when she pays to Margaret Brisbane the rents of Bullion for 1760, and the interest on a 4,000 merk bond granted to Margaret by David (S.W. 606); 19 Aug. 1763, when she pays over to the grand-children of Sir Alexander of Blackness the funds which David had held in trust for them (S.W. 616-17; ante, p. ), and 4 Nov. 1762, when she unsuccessfully disputes payment of a claim by Dr. Willison of Dundee for attending her brother as physician on a journey to Bath shortly before his death (S.W. 611), 3 Grizel Wedderburn [1705-78], only surviving daughter of her father, and heiress of her brother David as eighth of Kingennie, sixth of Easter Powrie and fourth of that ilk, was born 14 Feb. 1705 (ut sup.). She is named in her father's will, 4 Nov. 1713 (S.W. 541), and in the minute book (ib. 542) of the tutors of her brothers and herself, where it appears that on the deaths of Peter and Gilbert she became entitled to certain monies and to the executory of the wills of her father and grandfather, confirmed to her, 22 Aug. 1716 (S. W. 550; Br.T. 22, 23). She is thus named as her father's executrix in a decree v. William Graham of Duntroon, 1 Jan. 1718 (S.W. 554-55, 563; R.A.D. 150). During the life of her brother David, there are but few references to her,5 and with those relating to her as executrix to her brother, I have dealt in the account given of him.6 She was retoured heir general to her brother, 17 Aug. 1761 (R.H. 39) and 28 Sept. following got sasine of an annual rent as his heir (F.S. 122). She was also, 21 Jan. 1762, retoured his heir in the barony of Wedderburn, and in Wester Gourdie, of which she got sasine, 12 May following, as "his only sister and nearest heir" (S.W. 607-10, 633-34; R.H. 39; F.S. 123). Of Kingennie she got sasine as his heir, 23 May 1765, on precept by the commissioner for Archibald Douglas, 15 Feb. preceding (S.W. 619, 621; G.R.S. 77), while at about the same time John, Lord Gray, made a disposition anew of Wester Gourdie in her favour, 13 April 1765, on which she got sasine, 25 June 1766 (S.W. 620, 623-24). Being thus in full possession of the family estates, and neither married nor any longer young, she made an elaborate bond of tailzie, dated 31 July and recorded 6 Aug. 1766, of them and of Bullion, in which she called to the succession a long series of heirs (S. W. 625-27, 633-34; G.S.R. 144; F.S. 129). She was not, however, retoured heir to her brother in Bullion till after this date, viz., 23 Sept., 1767, and then did not get sasine thereof till 2 Jan. 1768 (S.W. 628-30; G.R.S. 79). In order, apparently, to perfect this entail and obtain a great seal charter confirming it, an inventory of writs, "by which the charter of 1 See also Scot's Mag. 1761, p. 336, and Gent. Mag., p. 334, but the latter miscalls him Daniel, and gives * She pays interest on this fund, 26 May 1763 (S. W. 615), which seems to have at once been resettled on Lady 4 Synopsis of References:-S. W. 541-42, 550, 554-55, 560, 563, 567, 570, 601, 606-12, 615-39, 642, 646-47, 5 She is named in the case for opinion as to the division between her and him of the estates of their brothers and sister, 6 Dec. 1724 (S. W. 560); in a bond by her brother to her, 5 March 1742 (ib. 567); and another bond to her, 10 June 1745 (R.D. 361). The letter of Anna Lobry (ante, p. 165, n. 4) is also addressed to her (S.W. 570), and there is in the Wedderburn chest a bundle of accounts, 1735-79 (ib. 557), relating to her and her brother's affairs, and another bundle of papers, 1759-71, relating to them and Milnfield (ib. 601). She is once named in the Dundee Parish register, 25 May 1740, when she witnesses a baptism. See above, and S.W. 606, 611, 612, 615-18, 622, 632, 647; F.S. 128; Br.T. 26. Part II. the barony of Wedderburn in her favour is to be revised," was drawn up in 1769 (S.W. Thereafter, 7 Aug. 1769, there followed a charter of resignation under the Great Seal (S.W. 637; G.S.R. 144), on which sasine was given 2 Oct. in that year (G.R.S. 80). By this charter, which recites her bond of tailzie in 1766, and her various retours, the barony of Wedderburn and the lands of Wester Gourdie, Kingennie, and Bullion are settled on herself and the heirs of her body, whom failing on (1) Mr. David Scrymgeour of Birkhill; (2) on his two sisters, Janet and Marion Scrymgeour; (3) the children of the late Sir John Wedderburn (fifth baronet) of Blackness; and (4) the nearest heirs whomsoever of Grizel, the said heirs to succeed in order of seniority, while on the failure of males in any given family the eldest heir female is to succeed throughout the whole course of the succession without division, the right of primogeniture having place between heirs female as between heirs male. The heir succeeding is to be always bound to assume and use the name Wedderburn only, and is also to use the arms of Wedderburn of that ilk. 173 Grizel never married, and, having survived her brother some sixteen years, during which (says J.W. in his MS.) "by her honour and worth she did credit to her name, died at Dundee 7 Nov. 1778, and was there buried 12 Nov (S.W. 660; D.M.D. 62; R.H. 42; and Scot's Mag. 1778, p. 629). A portrait of her in her youth is at Birkhill. She was succeeded, under the provisions of her entail, by Alexander Scrymgeour of Birkhill (eldest son of the late Mr. David Scrymgeour of Birkhill), who thereupon assumed the name and arms of Wedderburn, and was the first of the Scrymgeour-Wedderburus of Wedderburn and Birkhill, of whom an account is given in the following chapter.+ 1 See ante, p. 151, n. 5. 2 In the extracts from the Register of Deeds in vol. ii. I have omitted this entail (registered in Durie's office, 3 J. W. gives no particulars in regard to her management of her brother's affairs, and I have found none of 4 Alexander Scrymgeour was retoured heir of tailzie and provision to her in Wedderburn, 16 Nov. 1779, at PART II. CHAPTER V. THE SCRYMGEOUR-WEDDERBURNS OF WEDDERBURN, AND BIRKHill. With some account of their male descent from the Scrymgeours of Dudhope. (See pedigrees at pp. 171 and 177.) Chap. V. I now proceed to give an account of the Scrymgeour-Wedderburns of Wedderburn, Part II. who, as we have seen, became the heirs of line of Alexander Wedderburn, second of Kingennie, upon the death of Grizell Wedderburn of that ilk in 1778, being descended from his grand-daughter, Magdalene Wedderburn, who in 1659, married John Scrymgeour of Kirktoun. The history of the Scrymgeours of Kirktoun, for some centuries previous to Magdalene Wedderburn's marriage, is so clearly and fully given by various documents in the Scrymgeour-Wedderburn charter chest,1 that, although I had not originally intended to enter on it in this work, I now propose to give its main lines here, and at the close of the chapter to add a note on the Scrymgeours of Dudhope, of whom the Kirktoun family were undoubtedly a junior branch. The progenitor of the Kirktoun family was David Scrymgeour, a younger son of Sir John Scrymgeour, constable of Dundee, who witnesses a document by his father, 11 March 1458, and died before 21 June 1500, leaving a son, James Scrymgeour, to whom, as "son of the deceased David Scrymgeour, his brother," Alexander Scrymgeour, resigned the lands of Kirktoun, 21 June 1500, and who was retoured heir to this Alexander, his paternal uncle, in 1505.3 He married Elizabeth, elder of the two daughters of James Scrymgeour of Dudhope, constable of Dundee, who, 24 October 1539, granted to them and their heirs male a charter of the lands of Ballegarno in satisfaction of their claims to the unentailed lands of the lordship of Dudhope and constabulary of Dundee (S W. Charter Chest VI., i., 16). James and his wife, Elizabeth, are 1 The references to the documents in the early part of this account are thus mostly to the Scrymgeour- 2 This is a notarial instrument, 11 March 1458, by which "dominus Johannes Scrymgeour, constabularius (a) Notarial instrument, 11 Jan. 1467-68, attesting the production of a submission, 5 Nov. last, between James Scrymgeour, constable of Dundee, and ane venerable (i.e., reverend) clerk, Mr. Alexander Scrymgeour, brother to the said James. The instrument designs Alexauder "canonicus Lesmoren" (S.W. Charter Chest VI., i., 1). (b) Charter, 21 June 1500, by James Scrymgeour, constable of Dundee, of the lands of Kirktoun of Earlstradichtie, in favour of Sir Alexander Scrymgeour, chaplain, and his heirs male (ib. VI., i., 2), with instrument of sasine thereon of the same date (ib. 3). (c) Charter, 21 June 1500, by James Scrymgeour, constable of Dundee, of the said lands of Kirktoun, etc. (proceeding on the resignation of Sir Alexander Scrymgeour, chaplain), in favour of James Scrymgeour and his heirs male, whom failing the granter and his heirs (ib. 4) and instrument of sasine thereon, 22 June 1500, in favour of the said James Scrymgeour, son of the deceased David Scrymgeour, brother of the said Alexander Scrymgeour (ib. 5). (d) Retour, 31 July 1505, of James Scrymgeour as heir to the said Sir Alexander Scrymgeour (ib. 10), and sasine to him of the lands of Benvie as such heir 19 May 1506 (b. 11). There can, I think, be no doubt that the Canon, Alexander, named in (a) as brother to the constable in 1468, is identical with the chaplain Sir Alexander, named (1500) in (b), and in (c) as father's brother to James Scrymgeour, who was (1505) his heir. If these documents stood alone it would be clear enough, but when it is also shown by the document of 1458 that Alexander, the brother of the constable, had also a brother David, the matter seems to be made certain. Douglas s. Dundee cites this as of Oct. 23, but my note of it gives Oct. 24. 5 The identity of James Scrymgeour, who got sasine of Kirktoun in 1500, with the James who married Elizabeth Scrymgeour is proved, e.g., by a charter under the great seal, 2 March 1541, in which the husband of Elizabeth is described as James Scrymgeour, formerly of Kirktoun (G.S.R. s.d.). Y Chap. V. Part II. named in various other documents, and at one time owned the lands of Balbeuchlie (ib. VI., ii, 22). She died before 27 Oct. 1554, when her son was retoured heir to her (ib. vI., i., 15). By her James Scrymgeour had issue (beside four younger sons, James William, Thomas, and Alexander) a son and heir,1 John Scrymgeour, served heir to his mother (ut sup.), and described as of Ballegarno in his retour as heir to his (maternal) grandfather, James, the Constable, 3 Nov. 1563 (ib. vI., i., 24 a), and in the charter of Dudhope in 1565. He married Agnes Bruce,2 who is named as "relict of John Scrymgeour of Kirktoun," e.g., in her will, dated 28 June 1590 (ib. vI., ii., 18). By her John Scrymgeour had issue three sons, and, according to Douglas, three daughters, Margaret, Isobel, and Egidia. Of the sons, the two younger were Gilbert (named immediately after his brother John in the charter of Dudhope, 1587; and d.s.p.) and George, who also d.s.p, while the eldest was John Scrymgeour, who is named in the charter of Dudhope of 1587, and was retoured heir, 15 Dec 1610, to his great great great grandfather, John Scrimgeour, "constable of Dundee," "patris abavi" (Inq. Ret.).3 He died in 1629. He married Marion Fotheringhame, daughter of James Fotheringhame (brother-german of Thomas Fothering hame of Powrie), the marriage contract being dated at Dundee 4 May 1593 (ib. iv., iv., 1 ; S.W. 100), and by her he had issue four sons and three daughters. The sons were, 1. James Scrymgeour married Elizabeth Graham, daughter of George, bishop of Orkney, but died s.p. in his father's life. 2. John Scrymgeour, who was retoured heir to James Scrymgeour, younger of Kirktoun, his brother german, 6 Aug. 1633 (Ret. Inq. Gen. 1976) and thus became his father's heir. See below. 3. Gilbert Scrymgeour, died s.p. before 6 Sept. 1623, when his brother John is named as his executor and heir (S. W. Charter Chest VIII., ix., 29). 4. William Scrymgeour, called his father's second son, 1 July 1630 (ib. vш., ix., 38). He was a major in the army, and died Sept. 1650, having married, in 1643, Janet Guthrie, daughter of Patrick Guthrie, by whom (who married secondly Dougal McPhersone) he had issue two daughters, of whom one, Margaret, alone survived and was his heiress and executrix, 23 Dec. 1653 (S.W. 300). She was served heir to her father in Auchmuchtie, 9 Feb. 1654 (Ret. Forfar 329) ;* while the daughters were 1. Magdalene, married Alexander Wedderburn second of Kingennie (ante, p. 145). John Scrymgeour, eldest surviving son and heir of John Scrymgeour of Kirktoun and Marion Fotheringhame, succeeded to Kirktoun, and married Jean McGill, daughter of James McGill of Rankeillor Nether. The marriage contract, dated 1-11 Oct. 1624, See precept of sasine, 8 June 1565, by John Scrymgeour, constable of Dundee, to infeft John Scrymgeour, son and heir of the late Elizabeth Scrymgeour, elder daughter and one of the heirs of line of the late James Scrymgeour, constable of Dundee, in Kirktoun of Erlistradichty, in excambion for other lands including the mains of Ballegarno, to hold the same to the said John Scrymgeour and the heirs male of his body, and to his brothers, James, William, Thomas, and Alexander, and the heirs male of their bodies in succession, etc. (S.W. Charter Chest, v., ii.. 11). 2 Douglas (Peerage s. Dundee) says she was daughter of Sir William Bruce of Earlshall, and cousin german Chap. V. describes him as "John Scrymgeour younger, eldest lawful son of John Scrymgeour of Part II. Kirktoun," and is made by him "with consent of his said father and Marion Fotheringhame his mother (ib. vi. 2-8). He died in 1656 (Nisbet's Heraldry, II., App., p. 51), having had issue by his wife three sons and three daughters. The sons were, 1. John Scrymgeour. See below. 2. Alexander Serymgeour.1 3. James Scrymgeour, "who was minister at Currie and had2 a son, Henry Scrimgeour of Wester-Lochgelly, father of Henry Scrimgeour W.S. in Edinburgh, who died 29 March 1778, and of a daughter, Janet, married to John Bethune of Blebo" (Douglas, s. Dundee). 1 Nisbet (Heraldry, II., App., p. 51) writing in 1742 says that "Alexander has no lawful issue." 2 Nisbet (ibid) who says that he married Elizabeth Chisholme, and adds a daughter Henrietta. 3 See ante, p. 170, n. 4. |