Wedderburn book > History

EASTER POWRIE. 149
362). The purchase, however, at once involved him in litigation with Dougall Part 11.
McPhersone, whom he had to sue to " troublance and molestation," 26 May 1663 chapIV -
■(S.W. 360), and also for breach of his contract of sale in not giving him " inspection of
the whole fixed work that was within the manor place of Easter Powrie that he might
inventory the same" (ib. 361). There are other documents relating to this litigation
July-Nov. 1663 (ib. 365-67) and 3 June 1664, when Kingenuie had to pursue McPhersone
for the keys of one of the buildings on the property (ib. 371). It seems that McPhersone,
having sold, endeavoured to remain in possession, as, 22 July 1664, Kingennie had a
process of removal against him (R.A.D. 79»). The litigation continued for many years,
though meanwhile, 12 Aug. 1664, Kingennie took over a debt of 4,500 merks due by
McPhersone to the Durhams (S.W. 372); 31 May 1665, the McPhersones got sasine of
the £320 annual rent (F.S. 47 1 1 ; and, 29 Oct., 12 Nov. 1667, McPhersone's (third) wife,
Janet Guthrie, ratified the original disposition of 12 Sept. 1662 (S.W. 387, 390- ; D.B.R.
476). In 1667, Nov. 1, 2, 19, 22, McPhersone was pursuing Wedderburn for non-payment
of the 8,000 merks (S.W. 388-89, 392) ; Nov. 12, for not accepting preferred discharges
and for loosing arrestments (ib. 391), and had also asserted a right to cancel the
disposition of 1662, although he withdrew this claim, 21 Nov. 1667 (ib. 393). The suit
is also named, 14 Jan. 1668, when Kingennie's counsel were his cousin, Sir George
Mackenzie, Mr. David Dunmuir, and Mr. John Wedderburn (fiar of Blackness), and there
was a decreet of suspension in his favour (S.W. 394; R.A.D. 81), on which there was
execution, 8 June 1669 (S.W. 397). After this the litigation seems to have ceased, and
Wedderburn to have been left in quiet possession of Easter Powrie, though McPhersone
•bore malice and encouraged other litigation against Wedderburn out of " private splean "
(S.W. 399 a).
This second law suit in which Kingennie was involved arose out of his tutorship to
his cousin Margaret Scrymgeour, daughter of his mother's brother, Major William Scrym-
geour 3 (d. Sept. 1650), whose wife, Janet Guthrie, married secondly Dougall McPhersone.
By his will, 1 Aug. 1650, the Major had constituted Kingennie one of the tutors to his
daughters, Margaret and Janet (d. 1650-53), and had left him a legacy of 5,000 merks
(S.W. 298-301). Kingennie accepted the trust, and is named in connection with it
22 Nov. 1653 (S.W. 308 ; R.P.S. 38 n) ; 26 Nov. in that year, when there is a bond of
relief by him to Janet Guthrie (R.D. 161); and 11 Jan. 1654 (S.W. 309-10). 4 The
administration of the estate, however, was evidently difficult. In 1657, Feb. 21, Janet
Guthrie was suing both her daughter and Kingennie, as tutor, for her jointure, and also
for £133. 6. 8. " debursed by her in bringing out of Dundee before the siege thereof
her late husband's wrytes, houshold plenishing, etc." (R.A.D. 72, 77); April 1, John,
Viscount Dudhope, was suing them to produce their "grounds of debt" (S.W. 319-20 5 * ;
and later on there were questions as to the payment of Kingennie's own legacy of 5,000
merks (Morison's Diet, of Decisions). Ultimately Margaret Scrymgeour herself and her
curators sued Kingennie, and there are numerous documents in the Scrymgeour- Wedderburn
charter chest relating to her suit, 6 e.g., 17-18 Feb. 1664, when he is assoilzied of one of her
•claims (S.W. 370; R.A.D. 78); 18 July 1666, when she craves reduction of his legacy
(S.W. 383-84); and 22 June 1667, when he sues her for a discharge of his tutorie to her
(S.W. 386). At length, 4 Feb. 1670, the process was referred to Lord Gosford and
another lord of session (S.W. 399), soon after which Easter Powrie petitioned for a decision
on some point, alleging that Margaret was being led on by her stepfather "out of a
private splean he beares to the petitioner 7 " (S.W. 399 a), while, 17 June 1671, Margaret
objected to Lord Gosford as refei-ee on the ground that she required his evidence as a
witness (S.W. 407). On the same day Wedderburn again petitions the Court for relief,
1 It is put at £220 in this entry.
- Kingennie was paying the taxes in respect of Easter Powrie in 1665 (S.W- 376).
3 Thus, in a letter to Janet Guthrie, 2 July 1653, Kingennie addresses her as his aunt (S.W. 306).
4 There must be some error of date or name in my note of a document (S.W. 313), dated 31 May 1654,
in which Wedderburn is described as of Easter Powrie. Quaere 31 May 1664 ?
s Their counsel in 1658 was Mr. Peter Wedderburn, afterwards Lord Gosford (S.W. 322).
6 See Vol. ii., pp. 85, 67, s. the account of the Scrymgeour- Wedderburn Charter Chest, Box VI., bundle iv.
and Box VIII., bundle x.
1 In the suit of McPhersone v. Kingennie there is, 8 Nov. 1671, a similar petition by Sir Alexander
Wedderburn of Blackness and his son James, in which they allege that McPhersone had summoned
them to give evidence out of " mere splean and invy " on matters of fact done in 1651, when James
was but a child, while Sir Alexander is now too old to travel, so that they ask that their evidence
may be taken on commission in Dundee, which is done (S.W, 410-12).