Memorials of four old families

45
himself the guardianship of his nephew, when non compos, have been
already mentioned.
During the two years he was laird, the troubles of the family came to a
climax. At his accession, the way had become clear for the creditors on
the estate to obtain a decree in their action of ranking and sale of the Drum
estates.
A decreet of sale of the lands and barony of Drum at the instance of
the trustees for the creditors of the lately deceased Alexander, and John
Irvine, then laird of Drum, was pronounced in 1736, and the estate was
purchased by Alexander Tytler, writer in Edinburgh, for the trustees. The
price fixed by the Lords as an upset was £159,554 3s iod Scots, and Mr
Tytler was empowered to go up to £50,000 beyond in case of competition.
The entail being now set aside, the trustees, in February, 1737, con-
veyed in favour of William, Earl of Aberdeen, and Patrick Duff of Premnay,
who had now acquired sole right to rank as creditors, the whole rights,
infeftments, and diligences affecting the whole lands and estate of Drum,
and others mentioned.
In the following April the Earl and Mr Duff, in terms of arrangements
made, granted a disposition and nexu entail in favour of John Irvine and his
heirs male, and of the other heirs under t/ie former entail of a remnant of the
estate, viz., of the Mains and Manor place of Drum, and other lands therein
mentioned, without any payment therefor, and on the other hand, John
Irvine granted a deed of ratification, accepting for himself and future heirs of
entail this provision, and declaring that he had no claim against the granters.
Further decrees against John Irvine were obtained in June and July,
1737, at the instance of the Earl of Aberdeen and Patrick Duff of Premnay,
adjudging the whole lands and estate of Drum in satisfaction of his own
and his predecessors' debts, and in particular of the bond of provision to
Charles Irvine, which, originally granted for £80,000 Scots, amounted with
interest to £275,000 Scots. — Vide State of Process, &c.
To secure their new possessions a Charter of resignation and sale in
favour of Patrick Duff and Margaret, his spouse, of the lands and barony of
Culter, and part of the lands of Drum, was obtained, dated 29th November,
1738; and another Charter of adjudication and sale in favour of William,
Earl of Aberdeen, of the lands of Ruthven, baronies of Federat and
Auchtercoul, and others of same date. These latter were the tailzied lands
in Cromar : the unentailed part of Cromar, along with Culter, had been
sold to Lord Aberdeen on Sir Alexander Cuming's death and bankruptcy
in 1729.
These two persons made over the small remnant of the estates, viz.,
the old Castle and Mansion-house, the Manor-place and Mains, and a small