Examination of the claim of John Lindsay Crawfurd

EXAMINATION OF THE CLAIM OF
ratrick, S e- John, Viscount Garnock, was succeeded by his eldest son, Patrick,
count Gar- second Viscount Garnock. It appears that the provisions in fa-
rinck.
vour of the younger children were not readily forthcoming ; for on
1st July, 1728, the bond was registered, and diligence raised there-
on against Patrick, Lord Garnock, at the instance of his brothers
and sisters. At this period they were all minors except the two
eldest, John and James ; and in order to authorize the diligence to
be legally executed for behoof of those in minority, John and James
were named curators ad litem by the Court for their younger bro-
thers and sisters. The appointment of John and James as curators
ad litem, implies that they were, not only the confidential friends of
the parties who were minors, and whose interest they were ap-
pointed to guard and protect, but that they were in the confidence
of the legal adviser of the parties, who had charge of the suit, and
that they were known to, or approved of, by the judge who nomina-
ted them. It was customary at that period for curators ad litem
to give their oath de fideli upon their appointment, though in mo-
dern times the practice has relaxed in this particular. 1 John and
James Crawfurd having been thus authorized, proceeded to adjudge
their brother's estates, not only for their own provisions, but also
for the provisions of their younger brothers and sisters ; and they
obtained decree of adjudication on the 12th July, 1723. After-
wards, Patrick, Lord Garnock, was enabled periodically to liquidate
the provisions to his brothers and sisters ; though, at the death of
John, in 1739, and at the death of James, in 1745, part of their pro-
visions remained undischarged, and what remained was attached by
Patrick Bogle, Lord Shewalton, who was their creditor, in the man-
ner to be afterwards detailed.
His mar. Patrick, Lord Garnock, married Margaret, daughter of George
family. Home of Kello, in Berwickshire, and by her had five children ; 1st,
John, third Viscount of Garnock ; 2d, George, fourth Viscount of
Garnock ; 3d, Margaret, who died an infant ; 4th, Janet, who died
unmarried ; and, 5th, Christian Grahame Crawfurd, who was mar-
ried at Duddingstone, on 13th March, 1747, to Patrick Bogle, jun.
1 Bankton's Institutes, book I. tit. 7. sect. 50.