Biggar and the House of Fleming

HISTORICAL SKETCHES OF THE FLEMING FAMILY. 567
13th of January following, he enjoyed his elevation to the peer-
age only a few months. After his Lordship's death an attempt
was made to attach the Wigton estates in payment of certain
debts which he had contracted. His sister Clementina, who,
in 1845, had married Viscount Hawarden, an Irish peer, con-
nected with the coiinty of Tipperary, therefore, raised an action
of declarator in the Court of Session to have it found that the
entails were valid and effectual, and that the estates in conse-
quence were incapable of being alienated by the deceased, or
attached by the Trustee appointed to wind up his affairs. It
was unanimously decided by the Second Division of the Court
in March 1865, that the estates were effectually entailed, and
could not be held liable for his Lordship's debts. By a subse-
quent action it was also declared by the same Division of the
Court in February 1866, that Lady Hawarden, in virtue of the
terms of the entail, had a right to succeed to the estates at the
time John Fleming succeeded to the Peerage as Lord Elphin-
stone, and that Mr George Dunlop of Gogar House, Edinburgh,
who had, in 1854, received a disposition of the Cumbernauld
estates from John Fleming, in security for money advanced to
him, had no right to the rents or profits of that estate after the
said John Fleming had succeeded to the Peerage. The
Trustee on Lord Elphinstone's estate afterwards carried the
case by appeal to the House of Lords, but their Lordships con-
firmed the decision of the Court below.
Viscountess Hawarden having died in 1866, her son Corn-
wallis, who was born in 1852, succeeded to the Wigton estates,
and consequently assumed the name of Fleming. On Tuesday
the 30th of April 1867, the young heir and his father visited
Cumbernauld for the first time. They were received at Castle-
cary station by the tenantry on the Cumbernauld estate, by a
company of volunteers under the command of Captain Watson,
and a large assemblage of the inhabitants of the district, and
then escorted to Cumbernauld House, where an address was
presented to the young landlord by Mr Park, the parish minis-
ter. To this address he and his father made a suitable reply.
The tenants and a number of friends were afterwards enter-
tained at dinner in the dining hall of Cumbernauld House,
and the greatest joy and satisfaction were manifested that
the estate was still to remain in possession of a descendant of
the old race of Fleming.