The British Press; or, Morning Literary Advertiser.
London, England, 1807-08-12 00:00:00

COrAT OF SESSION.

•
ROXBURGH ESTATES.
•in former Papers we 'have given a gencral
view of the points in litigation, relative Co the
succession to the princely estates of the Noble
Family of Roxburgh. At the death of the late
Duke, in 190, there appearing several com-
petitors for the estates, the Court, upon appli.
cation, sequestrated the rents, and appointed
fattor to manage their in the mean time. It will
be tecolletled, we formerly stated, that the late
Duke, conceiving himself to be the last substitute t
whom the fetters of the old family entails applied,
and that he, of course, was the unlimited prowl:tor
of the estates. made a new settlement of these, upon
Mr. B illenden Ga *ler Ker. a relation of the family
by thefrwaie line. At the death of the Duke, how-
ever (who died without issue, leaving only a widow,
since married to John Manners, Esq.), two other
gintlem n ctaimftd the estates and honours; these
were, Sit James lanes and Brigadier-General Ker,
each of whom, stating himself AS heir-M.,4 u.rder
the family entails, brought aSions for setting aside
the deeds in favour of Mr. Gawl.r. The first great
point decided by the Crean was, that the last Doke
was barred. by the existing entails, to grant the
deeds in question ; and these, of course. were re-
duced. Tile next point was, whether S:r limes
hems or General Ker was the heir-.vale next in
succeslions and this depended on the critical eon-
etrnaien of a clause in the original deed of tailiti
made sn far back as the year 164 d. The decision
was in favour of Sir James limes.
Both tisese great points w,re brensght-isnder re-
view of the Court by reclaiming petitions, which
were answered, and judged of by the Court,,daring
the late Session but the decision erns bath points
was adhered to. These decisiort Ire, therefore.
final here; but both, we understand, are appealed
to the House of Lords.

Counsel were also heard, during last session, noon
a very material question in the present competition
Fly the original entail. there is a general clause, al-
lowing, ally heir in possession to gent few of the
estate; but the feu-iuies must be equ to the rent
at the time. It appeared, from the pleadings, 'hat
the lest Duke, besides the deed of succession which
he had made in favour of Mr .liallenden adirler,
had also, in cast a successful challenge should be
brought against that deed, granted sixteen difere.it
leu.rtghts in favour of Mr. Gawk!, felting out to
him the whole estates of Roxburgh, except the
castle of Firers, md about fifty acres of land round
it; but it was declared, that these rights he
weld, if the other deed was stistaiiieJ as efFtßual.
rhe yearly feu-duty winch Mr Gawler will have to
pay, in case these tights ft- sustained, will be above
twenty thousand pounds sterling; but it is sup-
posed the estates are worth much more than this.
Accordingly, aaiolll of redualoo, for setting aside
these feu-ri has, were brougit tiy the other comp -
titors. upon the ground that toe general clause in
qiiestion could never have been intended to permit
any of the heirs to few eat the Where lands, as has
been done by the last Duke, which w w just another
mode of alienating the estates. Mr. G wler was kr
left on these rights, pin, •tis to the Duke's death,
and now defends them. upon a broad vinstradion
of the clause in the original entail permitting teas
Toe pteadtags on the part of the pursuers were ably
condust•d by Mr Gillies and the Dean of Pact. ty,
and on the part of Mr. Gawler by Mr. Monyptai
asd Mr. John Civil:. Ile Clint did not decide toe
point, but ordered informations to be printed and
gsv:tn in.
/soother incidental point in these causes was de-
cided on the day h .fore •he Court rose. Sir .141111/
lines having beta i• is I the preferable heir-male of
the family, by a fiil.ll karma's: of the Court here.
insisted, that his service, as heir in that chatsider,
should be proceeded in before the Maters, by which
means he would have got himself Mkt t in the estates
risis ste,i `VAS opposed, both by Mr. Gaoler and
General K who insisted, that their respeettee
an-
s put a stop to all measures which could fru-ward
bir James's service at present. Upon this point the
Judges were very much divided in opinion ; but,
after a good deal of discussion, they decided, by a
narrow majority, (we believe eight to seven), that
the proceedings in the service must in the pleas
time be suspended.
The above statement will afford a view of the
present snape of the let sl proceefings relative to
the succession of this IM otiose property, probably
the reatest ever to e:sti in smote the Coatis
in Scotland.—(Edi ie. Coerwit.)