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An Entail or Tailzie is a device formerly competent under Scots Law, whereby, in contradistinction to a simple Last Will and Testament, the order of succession is fixed for several generations in advance, or, in principle, in perpetuity.

The following pertains to the provisions made for the order of succession to the extensive Aberdeenshire estates of James Gordon of Knockespock.


Excerpts
from
Disposition & Deed of Tailzie
By
James Brebner & Francis
    Grant

In favor of

Captain Henry Gordon & others

Dated 20th. December 1769
Regd. In Regr. Of Tailzies
22d. November 1770.

Of the Town & Lands of Auchlyne
    & others.

  Excerpts from Register of Tailzies.

No. 555. Vol. 16. fol. 285.


At Edinburgh the twenty second
day of November One thousand
seven hundred and seventy years1
Anent the Petition given in
and presented to the Lords of
Council and Session for and
in name of George Moir of
Scotstoun Humbly Shewing That
upon the twenty ninth day
of February One thousand seven
hundred and forty four2 the
now deceased James Gordon of
Knockespeck Esquire granted
Procuratory for resigning All
and Whole – (narrates and gives
destination)

The said James Gordon died in
the year One thousand seven
hundred and sixty eight2 without
issue and in a few weeks there
after the above procuratory of
Resignation was recorded in the
Register of taillies upon the
application of the petitioner one
of the substitutes thereby called
to the succession. It had then
been observed that the said
procuratory was liable to objections
at the instance of the heirs
at Law of the said James Brebner
and Francis Grant the sons
of the said James Gordon’s sisters
of the full blood in respect that
the testing Clause was some-
what informal and as these
heirs at law most chearfully
agreed to pass from that4
objection and to put it out
of the power of their heirs
ever to found upon it and
also to give full effect to
their wishes uncle’s will
with regard to the lands of Tarpersie5
and Tullyangus and a salmon
fishing in the River Don all
lying in the Shire of Aberdeen
which by his testament he
had devised to the same series
of heirs they executed a Disposition
and Deed of Entail upon the
twentieth of December One
thousand seven hundred and
sixty nine6 whereby they disponed
the whole of the above subjects
to the said Henry Gordon &
the other substitutes mentioned
in the said Procuratory agreeable
to the order in which they
were therein called to the
succession omitting only the
names of Patrick Gordon and
George Brebner and the heirs
male of their bodies both
of them having died without
Issue X X X X X X
Of which Deed of Taillie the
tenor follows Know all men
by these ps James Brebner
now Gordon Esquire Chief Judge
of Granada7 and others eldest
lawful son procreated of the
marriage betwixt the now deceased
James Brebner in Towie of Clatt
and the also deceast Margt
Gordon eldest sister german of
the deceast James Gordon of
Knockespeck and Francis Grant
now Gordon Captain in his
Majesty’s Navy eldest son pro-
created of the marriage betwixt
the deceasted William Grant
his father and Barbara Gordon
also now deceast second sister
german of the said deceast
James Gordon and apparent
heirs portioners of our said8
deceast Uncle. Whereas the said
deceast James Gordon by his
Procuratory (narrates it and
destn.) X X X X X X
Likeas the said deceast James
Gordon our Uncle by his
Latter will and testament
of date - - - - - -
- - - - Did amongst other
sums and subjects thereby settled
and disposed of by him Dispone
Give Devise and Bequeath unto
us the said James Brebner and
Thomas9 Grant our heirs and
assignees all and every         his
Messuages Lands tenements and
hereditaments whatsomever in
Tarpersy and Tillieangus in
Aberdeenshire and also the
superiority of the Salmon fishery
which he purchased of Captain
Frazer of Old Aberdeen in trust
that we our heirs Executors
administrators or assignees shall
and do so soon as possible
after our said Uncles decease
Convey and Dispone of all and
every the said messuages Lands
tenements fishery & premisses
in terms of the Procuratory
of resignation whereby his
estates of Auchlyne Knockespeck
& Clatt are vested in the said
Henry Gordon therein designed
his brother of the half blood
To the intent that the lands
and premises in Tarpersy in
Tillieangus and the said
superiority of the salmon fishery
may be incorporated & united
with his other estates in
Aberdeenshire and go according
to his Settlement Limitation
and destination thereof already
made or thereafter to be made
as from the said testament
itself also more fully bears appears
And seeing we the said James
Brebner & Francis Grant apparent
heirs portioners of Line to the
said deceast James Gordon of
Knockespeck our uncle for
and in consideration of the
grateful regard &c. and towards
the better implement of his
will &c. X X X10

Therefore wit ye us apparent
heirs portioners aforesaid to
have Given Granted & disponed
as we by these presents with
and under the conditions
burdens limitations & provisions
hereinafter specified Give Grant
alienate & dispone To and
in favor of the said Captain
Henry Gordon brother Consanguinean
of the said deceast James Gordon
our Uncle and the heirs male
of his body Which failing
to me the said James Brebner
lawfull son of the said
James Brebner in Towie of
Clatt and the heirs male of
my body Which failing to
me the said Francis Grant
son of the said William Grant
and the heirs male of my
body Which failing to the
heirs female of the said Captain
Henry Gordon Which failing to
the heirs female of the said
deceased James Brebner in
Towie of Clatt by the said
Margaret Gordon which failing
to the heirs female of the
said William Grant by the
said Barbara Gordon Which
failing to the heirs female of
me the said James Brebner
Younger Which failing to the
heirs male of the body of
Mary Gordon daughter of the
now deceast Patrick Heron of
Heron Esq widow of the said
deceased James Gordon our Uncle
in any future marriage Which
failing to George Moir of Scots-
toun in the shire of Aberdeen
and the heirs of his body
Which all failing to the nearest
lawful heirs whatsomever of
the said deceast James Gordon
our uncle heritably & irredeemably
All and Whole the town and
Lands of Auchlyne with the
Smiddy and Smiddy Croft
thereof multures sequels knaveship
and pertinents of the same
And all and whole the
Kirktoun of Clatt with the
great brewerie or head ale
house of Clatt and Crofts thereof
the miln of Clatt with the
astricted multures sequels &
knaveship of the same and
astricted multures and sequels
of the towns and Lands of
Auchmenzie Tillieangus and
Newbigging with the whole fairs
mercats and Customs payable
furth thereof belonging to the
said lands of Clatt as also
the town and Lands of New-
bigging the tenement of New-11
bigging Called Runrigs with the
Tower fortalice and manor place
of the same with houses biggings
yards orchyard (sic) tofts crofts
outsets mosses muirs marishes
meadows Commonties common12 pasturage
annexis connexis dependencies
tenants tennandices services of
free tennants parts pendicles
and universal pertinents of
the whole aforesaid towns
and lands, the town and
lands of Auchmenzie the
lands of Diracroft and that
burgage tenement called the
Caswayend with the pendicles
parts and pertinents used and
wont all lying within the
parish of Clatt barrony thereof
and Sheriffdom of Aberdeen
And likeways All and Whole
the town and lands of Knock-
spech with the manor place
houses biggings yards orchyards
pendicles outsetts & insetts thereof
called (Sainford?) & Longford as
also the town & Lands of
Nether Knockespeck13 with the
Corn Miln thereof miln lands
& astricted multures of the
same with houses biggings
Commonties & Common pasturage
tennants tennandices & with
power of casting and winning
of fenel peats and Turfs at
any place whatsomever in
the Muir and moss of Auchlyne
Auchlyne and of leading the
same to the same lands of
Knockespeck by the ways used
and wont with parts pendicles
and pertinents whatsomever belonging
to the said Lands lying within
the parish of Clatt & Sheriffdom
of Aberdeen aforesaid with the
teinds parsonage & vicarage of
the said lands of Knockespeck
all which lands particularly
above mentioned are contained
and comprehended in a Charter
under the seal appointed by
the treaty of Union to be
kept and used in Scotland
in place of the great seal thereof
granted by our late Sovereign
Lord the King in favor of the
said James Gordon therein designed
sometime of St Christophers
then of London Merchant and
his heirs or assignees what
somever of date the twenty
second day of June One thousand
seven hundred and fifty two14
years whereby it is ordained
that onesame to be taken
by the said James Gordon
and his aforesaid upon the
ground of any part of the
said Lands of Auchlyne and
others foresaid should be then
and in all time coming suf-
ficient for the whole lands
and others thereby disponed
And further All and Whole
the Lands of Tarpersie15 Warrich-
ston and Boggyshillock with the
Kirkton or Kirkcroft of Tillie-
nessle and Corn and
Waulk milns thereof multures
suchen and sequells thereto
belonging lying within the
barrony and parish of Tillienesle
and Sheriffdom of Aberdeen
As also All and Whole the
town & Lands of Tillieangus
as well Sun as Shadow halfs
with the manor place houses
biggings yards Orchyards Tofts
Crofts outsetts Insetts annexis
connexis dependencies mosses
muirs marishes Commonties Common
pasturage parts pendicles and
universal pertinents whatsomever
of the aforesaid Lands all lying
in the said parish of Clatt
and Sheriffdom of Aberdeen afore-
said And Likeways All &
whole that halfnets Salmond
fishing in the Bishops Cavell
in the River Don on each
side of the river above & below
the Bridge near to the City
of Old Aberdeen lately belonging
to Captain Hugh Fraser of
Powis with the whole liberties
profits priviledges (sic) & pertinents
of the said fishing lying within
the parish of Old Machar and
Sheriffdom of Aberdeen aforesaid
and particularly with power
of drying & drawing netts &
Cobles and to big shields on
the water Banks of the
Lands of Seaton for keeping
the Salmon and Lodging of
Labourers at the said fishing –
which Lands of Tarpersy16 Tillie
angus and salmon fishing
aforesaid are likewise contained
& comprehended in a Charter
under the said seal appointed
by the treaty of Union to
be kept & used in Scotland
in place of the Great Seal
thereof past and expede in
favour of the said deceast
James Gordon therein designed
of Knockespeck sometime merchant
in St Christophers and his
heirs or assignees whatsomever
dated the twenty third day
of February One thousand seven
hundred and sixty seven years
and whereby it is ordained
that the said Lands of
Tarpersy should in all time
thereafter be called Gordonfield17
and that one Sasine to be
taken by the said James
Gordon or his aforesaids at
the manor or mansion house
of the Lands of Tarpersy now
called Gordonfield or upon the
ground of any part or portion
of the said Lands should be
sufficient for the whole Lands
milns salmon fishings & others
thereby disponed Together with
all right title Interest Claim
of right property & possession
whether petitory or possessory
which we the said James
Brebner and Francis Grant or
either of us have or can any-
ways claim or pretend to in
or upon the lands and others
before specified or any part
or portion thereof and in regard
that the right & property of the
several subjects above disponed
is not as yet actually vested
in our persons by Infeftment
We therefore Bind and oblige
us to procure ourselves duly
served and retoured as heirs
inspecial to our said deceast
Uncle in the said Lands milns
teinds fishings and others fore-
said and as such to obtain
ourselves infeft and seased in
the same And being thus
invested We likewise oblige
ourselves our heirs & successors
to infeft and sease the
said Captain Henry Gordon
and his above named therein
Which failing &c X X X X X X
(also Procuratory to complete Titles)
Provided always Likeas it is
hereby specially Provided and
Declared that this the whole
course of succession above mentioned
the eldest heir female shall
succeed without Division & exclude
heirs portioners And it is hereby
further Provided and Declared
that none of the Descendents
of the body of the deceast
George Gordon second brother of
the said deceast James Gordon
our uncle are hereby intended
to be called to the succession
of the said Lands & Estate
hereby disponed or to any part
thereof under the description
of heirs whatsomever of the
said James Gordon but are
hereby forever excluded and
with this provision and
declaration Likeas – (under
burden of jointure to widow
of deceast James Gordon ---
all expenses to be paid by said
Henry Gordon – Heirs to bear
the surname & arms of Gordon –
prohibitions agt. altering order of
succession – selling – or contracting
debt &c) X X X X X X
(Contains Precept of Sasine) –
In Witness whereof these presents
consisting of this and the twenty
preceding pages of stamped paper
by Alexander Paton Clerk to18
John Spottiswood Esquire Sollicitor
in the Temple London are
subscribed by us at London the
twentieth day of December One
thousand seven hundred and
sixty nine years Before these
witnesses the said John Spottiswoode
and the said Alexander Paton
writer hereof (signed) James Gordon
F. Grant Gordon, John Spottiswoode
Witness Alexr Paton Witness.19

Notes

1 Marginal note - ‘22 Nov. 1770’

2 Marginal note - ‘29th Feb. 1744’

3 Marginal note - ‘1768’

4 Marginal note, with vertical line running from ‘in respect’ to ‘pass from that’ - ‘?’

5 Marginal note - ‘see will if recorded’

6 Marginal note - ‘20 Dec 1769’

7 This may be taken as referring to the former British colony of Grenada in the Windward Islands, West Indies, as opposed to the Spanish province of Granada.

8 A series of scribbled notes in pencil at the foot of p. 4 subtracts 75 from 1837, yielding 1762; followed by ‘1787’ standing alone; followed by a reference to Col. Henry / Harry Hannah. What significance these might have is not immediately apparent.

9 Who is Thomas Grant, otherwise unknown? Is this a clerical error, whether in the original deed or in the transcript, to be taken as referring to Francis Grant?

10 Marginal note, covering ‘and in consideration … heirs portioners aforesaid’ - ‘What here? Is will recorded anywhere?’)

11 Marginal note, in pencil - first word ‘Tower’, second word about seven letters, starting ‘Rin’ and ending in ‘s’, otherwise illegible.

12 ‘common’ is superscripted.

13 Superscripted – ‘called the Newton of Knockespeck’

14 Marginal note - ‘1752’

15 Marginal note - ‘Terpersie’

16 Marginal note – ‘Pamphlet says Tarpersie was bought by James Gordon from the Yorks Building Company?’ It is not immediately clear which pamphlet the writer has in mind but there does seem to be a case to answer.

17 Marginal note – ‘The next heir does not seem to have obeyed see pamphlet p 17.’ Again, fair comment.

18 Marginal note – ‘sic’. To what ex facie error this refers is unclear.

19 The transcript terminates with the marginal note -

‘Comp.d C.B.S.
Edinr. 22d. Janry
                      1877.’

See also the further commentaries:

Notes about Knockespock Entail & Succession under it, 1877

Genealogy of James Gordon of St Kitts, Entailer of Knockespock and Terpersie