| Description | "State of a Case extracted from Mr V D Bempde's Will"
Reciting will of John Vanden Bempde 8 March 1726. Death of testator 1726 and undertaking of trusts by Charlotte the Marchioness and Mr Mitchell, the Duke of Argyle and Mr Holford not acting. The two children, the Marquess and John being infants, thought fit to obtain decree for execution of trusts
Decree, 5 August 1727 - trusts to be performed. Receivers to be appointed; approval of Master in Chancery to accounts, purchase of lands etc. Purchase of South Sea Annuities. George Marquess of Annadale succeeded on death of James his elder half brother, to realty in Scotland of £4000 p.a. charged with debts
Assignment of bonds for securing payments of debts...
Marriage of Charlotte with John Johnson since deceased who was the younger son of a good family in Scotland and they had issue two sons and a daughter
29 May 1742 the present Marquess reached age 23 and became entitled to receive annual income from trust estates, dividends etc
The Marquess's misfortune in becoming a lunatic and found by inquisition that he had been so since 12 December 1744, the Marchioness being appointed Committee of his person but no Committee appointed for his real estate
The Countess of Hopetown is the only daughter of William Marquess of Annandale by his first wife and only half sister to the present Marquess, and on death of the now Marquess intestate and without issue, the Countess would become entitled to all the realty and personalty. The present Earl of Hopetown would succeed to the realty in Scotland and his lordship and his brothers and sisters would then become entitled to the Marquess's personal estate in Scotland exclusive of the Marchioness his mother and her children by her second marriage
And the Earl of Hopetown proposes to take proper steps in Scotland in order to have the real estate there put under his lordship's care and management as Tutor to the Marquess nut before taking that step desires to be advised
Whether the interest of a £36,503 debt is to be remitted to Trustees or the Committee of the estate in England to be applied according to the directions of the Lord Chancellor upon the said Commission of Lunacy applied as the Lords of Session there shall direct |