Earls of Aboyne

17
thereafter it passed to Badeniscoth's son, who was
both heir and executor of his father. (5) Previous
to Mr Black's assigning the liferent to Baden-
scotih, he had had to take action for payment,
and decree had passed for payment of the life-
rent as it fell due against Gordon of Inverebry,
the factor on the Alboyne estate. (6) Following on
this decree, Gordon of Badenscoth, as now in
right of it, wlfh consent of Lady Kinnaird, gave
Tnverebry a charge of payment (i.e., the first step
in execution), and Dnverebry brought a suspension
of the charge in order to have the question decided
whether Badenscoth, with consent of Lady Kin-
naird, could give Inverebry a good and valid re-
ceipt for payment of the instalments of the life-
rent in view of the revocation which had been
intimated by Lord Kinnaiird. (7) The Court re-
pelled the abjections against Badenscoth's and
Lady Kinnaird's title to insist on payment of
the annuity, finding that Lady Kinnaird had
rigiht to all the annuities due preceding the in-
timation of the revocation, and that, even after
the date of the revocation, Badenscoth and Lady
Kinnaird were entitled to the annuities to the
extent necessary to afford Lady Kinnaird a suit-
able aliment and maintenance, so long as Lady
Kinnaird and her husband continued to live
separately.
The second Eard of Aboyne had one son and
three daughters: —
1. John, 3rd Earl of Aboyne.
2. Lady Helen Gordon, married George Kinnaird,
son of Hon. George Kinnaird, who was the
youngest son of the 1st Lord Kinnaird. She
had Charles, 6th Lord Kinnaird (died 1767).
3. Lady Elizabeth Gordon : died unmarried at
Aberdeen, April 14, 1770: will January 7, 1784.
(Edin'bm-gih Commissariot.)
4. Lady Grizel Gordon, married at Aberdeen, July
14, 1735, James Grant of Knockando, and died
at Knockando, October 18, 1761.
JOHN, 3rd EARL OF ABOYNE.
The third Earl was served heir to his father,
October 7. 1702, as a minor. Thus when the heri-
tors in the Presbyteries of Kincardine and Alford
gave bonds to enact measures for the peace of
the country on April 26, 1700, Charles Gordon of
Abergeldie subscribed "for the Earle of Aboyne"
(Allardyce's "Jacobite Papers," 21-23).
In 1709, Lord Aboyne had a dispute with Far-
quharsoii of Invercauld in reference to the
ownership of the lands of Grodies. These lands
were held by Aboyne, but were claimed by Far-
quharson, who sought to reduce Aboyne's title
to sue because he could not connect himself ia