Could someone read this please. - Genealogists' Forum

HarrysMum · #1 17-12-17, 09:41

I'm not sure if this will work. It's from Google Books. Charles Stewart/Stuart and Isobel Haldane are my 5x great grandparents.

https://books.google.com.au/books?id...ane%22&f=false

Thanks.

kiterunner · #2 17-12-17, 10:28

I can't get the second page of it to load at the moment.

Macbev · #3 17-12-17, 14:34

Likewise, page 2 doesn't seem to want to load.
Page 1 as follows:
22nd June 1750
ANSWERS for His Majesty's Advocate, in behalf of His Majesty; To The Claim of Alexander Stuart, eldest Son of Charles Stuart late of Ardsheil, and Mrs isobel Haldane his Spouse

This claim sets forth,”That by contract of Marriage betwixt the said Charles Stuart late of Ardsheil, on the one Part, and said Mrs Isobel Haldane, Daughter to John Haldane of Lanrick, with consent of her said father, on the other Part, dated 10th November 1732, the said Charles Stuart did provide, secure and dispone to himself, and the Heirs Male to be procreate of the Marriage, all and haill the Lands of Ardsheil, Auchindarroch and Aucharr, with their Pertinents; and , by another Clause of the said contract, the said Charles Stuart binds and obliges him to grant a full and ample Disposition in favours of the said Male, nominatim, at any time he shall be required to do the same, under the Penalty of 20,000 merks, by and attour Performance. And it is thereby further declared, that execution shall pass thereon against the said Charles Stuart and his foresaids, for his implementing the before-written Provisions in favours of the said Heirs Male, promised Spouse and Daughters, at the instance of the said John Haldane, Alexander Haldane younger of Lanrick his eldest son, or Patrick Haldane his youngest Son, or either of them on Life for the Time being.
That

Macbev · #4 17-12-17, 14:45

OK....I've managed to save the entire document, which seems to revolve around using the marriage settlement to circumvent the attainting of Stuarts property after the 1745 Rebellion. Far too wordy for me to write out at this time of night but can email the jpgs to you if you want them.

HarrysMum · #5 17-12-17, 17:22

Thank you. Bev, I didn't mean for you to write out the entire doc, just to tell me what you think it means.

It looked like some Dort of marriage licence, but Charles and Isobel had been married for years before this.

Macbev · #6 18-12-17, 04:16

Libby, the concluding paragraphs read: "What then was a settlement in this form, supposing it had been completed by Infestment, but another impotent device to elude the Laws against High Treason, by a Man's attempting to part with his estate in form and figure, whilst in reality he retained it to every substantial purpose of property; and if such device were effectual, it would be a very easy receipt for every evil minded person of property to evade the Law, by only settling his estate in such a manner as is frequently done without any such bad intention, but to save the expence of the son's making up titles to his estate by special service.
But it is further answered, 3tio, that this disposition, such as it was, by the forfeiting person to the claimant, does not appear to have ever been compleated by delivery, till the Infestment was taken upon it on the 24th August, 1745, that is, after the Rebellion was actually commenced, and then it was too late for any of the traitors to give away his estate to his son, had it been in the most ample form, so as with effect to preserve it from forfeiture.
And for all these reasons, it is humbly hoped,that the claim founded on this extraordinary contract of marriage, shall be dismissed."

Was your man a Jacobite? Without ploughing through the rest of the document, it looks like the son of Charles Stuart claimed his father's estate, based upon the marriage contract between his parents and that the agent for the Crown has appealed against said claim, stating that it was subject to forfeiture by the Crown as the property of a traitor.

Macbev · #7 18-12-17, 04:24

Wow! If this man was your ancestor, what an interesting life he led. Guess you read this: https://www.stewartsociety.org/histo...=19&histid=463

HarrysMum · #8 18-12-17, 07:40

Well, I'm stumped Bev. I have Margaret Stuart/Stewart marrying JohnKellas 22 Feb 1756 in Cabrach, Scotland. Margaret was supposed to be born Dec 1726. However I wondered as John was born 1736. I know it's not impossible. I just thought it odd.
Marg is supposed to be the daughter of Charles Stuart and Isobel Haldane. So that would be the same couple, but are they MY Marg's parents.?

The stories in the Cabrach diaries about family I know are my lot certainly agree with that story you have linked. There were Grants and Gordon's fighting each other and then changing sides and hiding out. The Gordon's were known as Gauch Gordon's.
I really need to see if I can find more proof.

Macbev · #9 18-12-17, 10:13

According to this genealogy of the family,
http://www.clanmacfarlanegenealogy.i...I32423&tree=CC

Charles Stuart and Isobel Haldane married in 1732, so a birth date for their daughter Margaret for 1726 seems a bit unlikely. There are no details given for Margaret Stuart on that genealogy, but the surviving eldest son, Duncan Stuart went to America, where he was to support the English during the American War of Independence and was rewarded by being restored to the disputed estates and titles in 1769.
His mother, Isobel Haldane, took refuge in Stirling with relatives before joining her husband Charles in exile in France. In the chaotic conditions that existed, it would not be particularly surprising if Margaret married a younger man for security...do you know anything about the Kellas family?

HarrysMum · #10 18-12-17, 18:06

I have quite a bit on the Kellas lot. Big name in that area. I'm still not certain if that birth dater for Marg. There is one with just Charles for father, no mother, but I've found no siblings, so maybe that us her, maybe mine is another I haven't found yet. The Kellas lot go back to King Robert via, sadly, his son, the wolf of Baddendoch.