Strathendrick, and its inhabitants from early times

BALGAIR 235
brother of George and John Galbraith, successively of Balgair. This James
Galbraith of Balgair died of yellow fever on a voyage from Martinique to London,
18th May 1794, leaving no issue, and with him the descendants of the second
substitution in the entail came to an end.
A petition was then presented to the Court by the representative of the
seventh substitute in the entail, craving the appointment of a judicial factor
until it was discovered who was the heir entitled to succeed, and this was
accordingly done. Advertisements were then inserted in the newspapers — particu-
larly those in Ireland — for heirs, and in consequence thereof several competitors
appeared, among whom was an Andrew Galbraith, who claimed the estate and
took out a brieve of inquest as the heir male of Major Hugh Galbraith, the
third substitute. He was opposed by William Arthur Galbraith, son of Joshua
Galbraith of Dublin, who alleged that he was descended from Captain Robert
Galbraith, the fourth substitute. James Galbraith of Culholm, who was admit-
tedly the descendant of John Galbraith of Old Graden, the fifth substitute, an
old man and childless, did not oppose. The male descendants of Buchanan of
Drumhead, the sixth substitute, were by this time extinct, and Archibald
Galbraith, farmer in Stoneyholm, the lineal male representative of John Galbraith
in the Hill of Balgair, the seventh substitute, did not at this time take any
steps in opposition, as the succession had not then opened to him, owing to
Galbraith of Culholm being still alive.
It was soon apparent that William Arthur Galbraith's claim had no good
foundation, and as there was no other opposition, on the 13th August 1806,
Richard Galbraith of Cappahard, Co. Galway, Ireland, who had, before the
service was completed, succeeded his brother Andrew, was served heir of entail
of Balgair by the jury on the inquest, with the exception of three of them who
declined to vote. Richard Galbraith was then duly infeft in the estate on the
2nd September 1806, and possessed it peaceably and without challenge for
fourteen years.
In 182 1, however, James Galbraith of Culholm being then dead, and also
Archibald Galbraith, farmer in Stoneyholm, the right of Richard Galbraith was
called in question by James Galbraith, who raised an action against him of
reduction, improbation, declarator, and count and reckoning. James Galbraith
was the eldest son of the deceased Archibald Galbraith, farmer in Stoneyholm,
who was the eldest son of John Galbraith, tenant in Hill of Balgair, who was
the eldest son of James Galbraith, also tenant there, who was the eldest son of
John Galbraith, also tenant there, who was the only son of John Galbraith,
tenant in Hill of Balgair, the seventh substitute.
It is unnecessary to go into the technicalities of the case, for it really turned
upon one question only — Was it sufficient to prove that Richard Galbraith was