Genealogical memoir of the most noble and ancient house of Drummond

188 Genealogical Memoir sect. vii.
racter of heir-male 3 general of the family of Drummond
of Perth — and claimed, before the court of session, the
3 To the character of heir-male general of the family of
Drummond of Perth, the duke of Melfort has an undisputed
right. But his claim to the estates is entirely defeated by the
following provision in the act, which conferred the parliament-
ary grant of these estates upon the late Lord Perth : ' And
4 whereas the estate of Perth, which became forfeited ky the at-
1 tainder of John Drummond, taking upon himself the style and
* title of Lord John Drummond, brother of James Drummond,
' taking on himself the style or title of duke of Perth, stood de-
4 vised before the forfeiture to heirs-male ; and whereas the
* said John Drummond died without leaving issue lawful of his
' body, and it is not yet ascertained who is the nearest colla-
' teral heir-male ; be it enacted by the authority foresaid, that
' it shall and may be lawful to his majesty, his heirs and sue-
' cessors, to give, srranf, and dispone to the heirs-male of the
" said John Drummond, who would have been entitled to sue*
4 ceed by the investitures ef the said estate, had it not been
' forfeited, and to the heirs and assignees of such heir-male, all
4 and every the lands, lordships, baronies, fisheries, tythes, pa-
4 tronages, and other heritages and estates, which became for.
* feited to his said late majesty, by the attainder of the said
' John Drummond, and which were annexed to the crown, as
4 aforesaid, subject always to, and chargeanle with the sum of
4 =£52,541 : 1 : 6 sterling of principal money, to be paid into
4 the said court of exchequer, as after directed.' Act 24, Geo.
Ill, § 10. In terms of this enactment, the late James Drum-
mond, afterwards Lord Perth, established his claim to the be-
nefit of this parliamentary grant, as the nearest heir-male of the
earl of Melfort, brother of James, fourth earl of Perth, whose
male issue was extinct, by his first wife, Sophia Lund in of
Lundin — and on March 8 th 1185, obtained a decree of the court
of session, finding him to he the person described in the act of
parliament, as the heir-male of John Drummond,. who would
have been entitled to succeed by (he investitures of the estate of
Perth, had it not been forfeited. He then procured from the
crown three several signatures, including dispositions and grants
to the whole estate, in terms of the act, under which he com-
pleted his investitures by charter and seisin ; and at his death,
in 1800, disponed his right in favour of his only lawful sur-
viving child, the Honourable Clementina Sarah Drummond,
which he was authorized to do by the express terms of the act
of parliament.