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MACKENZIE-WHARNCLIFFE DEEDS
Glasswell, his father, of the lands of Camno and the commonties of
Whitehill, Greenmire, and Pilmuir. One of the Smith family married
a daughter of the then Threipland of Fingask, a very old Scottish
family. The lands of Camno remained in the possession of the Smith
family till 1772, when they were sold to Robert Ramsay, who, as has
already been said, conveyed them to the Lord Privy Seal.
On the death of the Lord Privy Seal, in 1800, without issue,
litigation ensued between the Honourable James Archibald Stuart
Wortley of Wortley Hall, the second son of John, third Earl of
Bute ; the Marquess of Bute and Lord Herbert Windsor Stuart, the
second son of the latter, regarding the succession to the Lord Privy
Seal's entailed estates in Scotland. Mr. Stuart Wortley claimed as
nearest and lawful heir of taillie and provision to his uncle, the Lord
Privy Seal, and founded upon the various deeds of entail of Sir George
Mackenzie to support his claim. He also argued that prior to his
uncle's death he had been de facto in certain deeds and procedure
already recognised as the heir. Formal claims were also made on
behalf of the Marquess of Bute and Lord Herbert Windsor Stuart,
who each pleaded that under the several deeds of entail he was heir
of taillie and provision to the Lord Privy Seal. The arguments were
lengthy and weighty, but as they are exceedingly technical it is un-
necessary to embody them, however shortly, in these notes. Suffice
it to say that both in the Court of Session and in the House of Lords
Mr. Stuart Wortley's claim was upheld. The judgment of the House
of Lords was given on the 4th March 1803. The proceedings in the
Court of Session and the judgment of the Lords will be found in the
charter-chest.
It may be mentioned that the surplus price arising from the sale
of Keithick was utilised in the purchase of the lands of Milnhole
in 1801. None of the title-deeds of Milnhole are either old or of any
particular interest.
In 1851 the then Lord Wharncliffe purchased the estate of Drum-
kilbo, which was recently sold to Mr. Edward Cox. When Drumkilbo
was purchased, the lands of Bendochy and Coupar-Maccultie were by a
deed of excambion converted into fee-simple estate, and were sold in
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