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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.


Excepts
from
Procuratory of Resignation
and
Deed of Entail
By
James Gordon
In favor of
Himself and others.

Dated 29th. February 1743-4.
Regd. in Regr. of Tailzies
19th. July ________ 1768.

Of the Barony of Clatt
    others.


Excerpts from Register of
Tailzies.


No. 527 vol. 15 fol. 351.


At Edinburgh the nineteenth day
of July One thousand seven hundred
and sixty eight years Anent the
Petition presented and given into
the Lords of Council and Session
for and in name of George
Moir of Scotstown Humbly Shewing
that upon the twenty ninth
of February One thousand
seven hundred and forty four
the now deceased James Gordon
of Knockespock Esquire granted
procuratory for resigning All
and whole the Barony of Clatt
and others therein particularly
mentioned in the hands of his
immediate lawful Superiors in
favour of and for new Infeftment
thereof to be granted to him
and the heirs male of his
body which failing to the
heirs female of his2
body which failing to Henry Gordon
his2 third brother and the heirs
male of his body which failing
to Patrick Gordon his2 fourth
brother and the heirs male
of his body which failing
to James Brebner lawfull son
of James Brebner in Towie
of Clatt by Margaret Gordon
his2 eldest sister3 and the
heirs male of his body which
failing to George Brebner son
of the said James Brebner
by the said Margaret Gordon
his2 sister and the heirs
male of his body which
failing to                Grant
son of William Grant by
Barbara Gordon his2 second sister
and the heirs male of his
body which failing to the
heirs female of the said Henry
Gordon his2 Brother, which
failing to the heirs female
of the said Patrick Gordon
his2 brother which failing to
the heirs female of the said
James Brebner in Towie of
Clatt by the said Margaret
Gordon his2 eldest sister which
failing to the heirs female of
the said William Grant by
Barbara Gordon his2 second
sister which failing to the
heirs female of the said James
Brebner younger which failing
to the heirs female of the
said George Brebner which
failing to the heirs male of
the body of Mary Gordon
daughter of Patrick Heron of
Heron Esquire his2 beloved wife
in any future marriage4, which
failing to George Moir of Scots-
town in the shire of Aberdeen
and the heirs ------5 of his
body which all failing to any6
person or persons who should7
be nominated and called to
the succession by any writing
under his2 hand at any time
thereafter and failing of such
nomination to his2 own nearest
lawfull heirs and assignees what-
soever. The above procuratory was
granted under the ordinary pro-
hibitory irritant and resolutive
Clauses relative to the alienation
of the lands the contracting
of debt or altering the course
of succession. The said James
Gordon died a few weeks ago
and it being proper that the
said Procuratory of Resignation
be recorded in the register of
Tailzies Tailies the present ap-
plication is made to their
Lordships for that purpose by
the Petitioner who is one of
the substitutes thereby called
to the succession And there-
fore praying X X X X X X
They interponed and hereby
Interpone their authority thereto
And ordained and hereby ordain
the same to be recorded in
the particular register of taillies
conform to Act of Parliament
And Decerned And of which
Procuratory of Resignation and
Deed of taillie the tenor follows
Know all men by these
presents That I James Gordon
late of St Christophers now
of the Parish of St Anne
and liberty of Westminster
Esquire heritable proprietor of
the lands Barony and others
aftermentioned “for diverse good8
Causes good Reasons and Con-
siderations me thereunto moving
am bound and obliged and
hereby Bind and oblige me
my heirs and successors what-
soever to make due and lawful
resignation of my said lands
Barony & others afterspecified
To and in favour of myself
and my heirs aftermentioned
And for that effect to have
made and Constituted and
hereby make and Constitute
                                       and
each of them X X X X X
Resign and surrender All
and Whole the barony of
Clatt comprehending therein the
town and lands of Clatt
Newton of Clatt Miln of Clatt
Milnlands multures sucken
and sequels of the same and
markets in the said town of
Clatt The town and lands
of Auchlyne Auchmenzie and
Newbigging with the teinds
thereof both great and small
parsonage and vicarage & share
& (Deslis?) of and in the Church
of Clatt with houses biggings
yards mosses muirs parts pen-
dicles and universal pertinents
thereof all lying within the
parish of Clatt and Sheriffdom
of Aberdeen As also All
and Whole the town and
lands of Knockespick Newton
of Knockespick Neyrtown Sowiefoot &9
Sowiefoord and Lands and miln
of Auchendallan with houses
Biggings yards mosses muirs
parts pendicles and universal
pertinents thereunto belonging lying
in the said parish of Clatt
and Sheriffdom of Aberdeen aforesaid
Together with all right title
Interest Claim of right property
& possession which I my heirs
& successors have can claim or
pretend thereto or to any part
thereof in time coming in the
hands of my immediate lawful
superior or superiors of the same
or of his or their Commissioners
having power to receive resignations
in his or their names In favour
and for new Infeftment thereof
to be made and granted to
myself and the heirs male of
my body Which failing X X
      (Destination as before)
heritably and irredeemably in
due and competent form Provided
always likeas it is hereby
specially provided & declared
That thro the whole order &
course of succession above mentioned
the eldest heir female shall
succeed without division and
exclude heirs portioners And
it is hereby further provided
and declared that George Gordon
my second brother nor none
of the descendants of his body
are hereby intended to be called
to the succession of the
said Lands Barony & estate or
to any part thereof under the
description of my heirs whatsoever
but are hereby forever excluded.
(X X under burden of any jointure
to his wife X X X prohibition
against any of heirs marrying
without his consent had in
writing under pain of forfeiture
by heir & heirs of his or her body ------
of succession on contravention
heirs succeeding to assume the name of Gordon)
       X X X X X X X X

In Witness ______these presents
consisting of this and the pre-
ceding four pages of stamped paper
(written by Samuel Blyhe Clerk
to Mr Alexander Ross Writer to
his majesty’s signet) at London
the twenty ninth day of
February One thousand seven
hundred and forty three four10
years before these witnesses
the said Mr Alexander Ross &
the said Samuel Blyhe writer
hereof (Signed) James Gordon
Alexr Ross Witness Saml Blyhe
Witness11

Notes

1 Marginal note - ‘1744’

2 ‘his’ scored out and ‘my’ superscripted, both in pencil

3 Marginal note - ‘& now Student of Law in the Middle temple, London (This not in preamble)’. This accords with the information that James Brebner was afterwards Chief Justice of Grenada.

4 Insertion - ‘, if she survive me’

5 Marginal note – ‘(erasure)’

6 Marginal note, in pencil - ‘(not in destn proper)’

7 ‘should’ scored out and ‘shall’ superscripted, both in pencil

8 Marginal note – ‘(erased)’

9 Marginal note – ‘(erasure)’

10 Marginal note – ‘sic’

11 The transcript terminates with the marginal note –

 ‘Comp.d
     C.B.S.
Edinr. 22d. Jany
               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