Barclays of New York

Records at Bury Hill, Surrey. 19
portion of the entailed estate should thenceforward stand forever
released from the limitations contained in the deed of entail of
1722.
From the terms of this act it would seem probable that a
reference to the Register of Entails, or to the record of the Court
of Session, would disclose the "Settlement of Tailzie," and in-
cidentally the names of the heirs whose contingent rights were
cut off by the alteration of the entail. But a search of the Reg-
ister of Entails from 1723 to 1897 failed to disclose mention of
any such deed or settlement, as does a search from 1781 to 1830
of the Sasine Register for Kincardine (the county in which Ury
is located) preserved at Stonehaven. So, too, the records of the
Court of Session from 1805 to 1835 contain no reference to the
matter of any kind whatsoever.
The Register of Deeds at Edinburgh, however, does contain
the record of a "Consent and Commission" executed by Robert
Barclay-Allardice under date of October 19th, 1805, in which he
refers, among other things, to the lands "lately freed from the
" fetters of the entail of Ury by an Act passed in the forty-fifth
"year of his present Majesty's reign" (recorded Vol. 301, No-
vember 20, 1807), thus indicating probably the point of view of
those most interested, namely, that where Parliament had once
spoken, its authority could not be strengthened by a decree of
the Court of Session.
Under date or December 20th, 1821, a Charter of Resigna-
tion issued under the great seal (sealed February 21st, 1822),
wherein Robert Barclay-Allardice resigned in favor of himself
and his heirs, as they existed on July 31st, 182 1, certain specified
lands, among which were those "erected into the Barony of Ury
" by Charter under the Great Seal in favour of Colonel David
" Barclay of Ury and his heirs therein mentioned" under date of
August 13th, 1679. 1 A resignation of an entailed estate in favor
of any person named and his heirs, seems to have had the effect
of vesting the fee in such person to the exclusion of those con-
tingently interested in the entail ; and when such resignation is
confirmed by a charter from the Crown, the entail seems to be
most effectively and permanently broken.
'See Register of the Great Seal at Edinburgh, vol. 165, No. 29.