Page:Information of perjury depending before the Lords of the Justiciary Court, &c..pdf/12

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Lord Provoſt, and Lord Hyndford, and others aſſumed their executorſhip, recites a very falſe inventory of his eſtate, and was openly abjured and reverſed by my brother, in a contrary true laſt will and irreverſible ſettlement of the eſtates of Kilbucho and Whitſlade, in my favour, publiſhed by himſelf, in preſence of the Lord Chief Baron Montgomery, and all the other freeholders of the ſhire of Peebles, conveeened in our Michaelmas court, upon the 6th of October 1767, immediately before his death; which true laſt ſettlement, the ſaid Mr James Loch has been, with Lord Hyndford, Lord Provoſt, &c. ſuborned to deny upon oath, once and again, although he produced it within thefe few months paſt to the Reverend Mr Webſter, one of the jury, and confeſſed, that it has been in his knowledge, cuſtody, or poſſeſſion, ever ſince my brother's death.

3tio, Altho' Lord Hyndford and other executors have ſworn to the verity of the falſe and imperfect inventory of the teſtament exceeding L. 50,000 Sterling, and have alſo ſworn to exhibite and put in a true and perfect inventory to the regiftry of the perogative court of Canterbury, and Commiſſary court of Peebles, yet the performance of theſe oaths is forever impoſſible, for this, among a thouſand other reaſons, viz. That in the month of January 1768, both Lord Provoſt Kincaid, and Lord Hyndford and the other executors, ſubſcribed an univerſal transference of all my brother's uninventoried eſtates over the face of the earth, in the form of a factory to Mr Loch, in theſe words, “We have nominated and appointed, and do, by theſe prefents, nominate, conſtitute, and appoint the ſaid James Loch to be our factor, for the ſpecial purpoſe aftermentioned, giving, granting,