Page:The Complete Peerage Ed 2 Vol 1.djvu/369

 ATHOLL COMPLETE PEERAGE 319 Seal, 6 Apr. 1763 till his death. (') He w., istly, 28 Apr. 1726, Jane, widow of James Lannoy, of Hammersmith, merchant, sister of Sir John Frederick, Bart., (so cr. 1723) yst. da. of Thomas Frederick, by Leonora, da. and h. of Charles Maresco, of London. She d. in London, 13, and was bur. 20 June 1748, at St. Olave's, Old Jewry, aged 55. Will pr. June 1748. He w., 2ndly, at Edinburgh, 7 May 1749, Jean, (") da. of John Drummond, of Megginch, co. Perth, but by her had no issue. He d. s.p.m.s., 8 Jan. 1764, at Dunkeld, in his 74th year. Fun. entry at Lyon office. His widow w., 2 Sep. 1767, in St. Geo., Han. Sq., Gen. Lord Adam Gordon, 4th s. of Alexander, 2nd Duke of Gordon [S.], which Lord Adam d. 13 Aug. 1801, suddenly, at his seat, ' The Burn,' co. Kincardine. She d. 22 Feb. 1795, at Holyroodhouse. Both are bur. at Inveresk. [John Murray, styled Marquess of Tullibardine, ist s. and h. ap. by 1st wife, b. at Dunkeld, and bap. there 13 Sep. 1728, d. there, an infant and v.p.^ 23 Apr. 1729.] [James Murray, styled Marquess of Tullibardine, 2nd, but ist surv. S. and h. ap., b. and bap. 28 Mar. 1735, at Dunkeld, d. there, an infant and v.p. 12 Feb. 1735/6.] DUKEDOM [S.] III. MARQUESSATE [S.J IV. EARLDOM [S.j XXXL 3, 4, 5 or 10. John (Murray), Duke of Atholl, &?c. [S.], nephew and h. male, being s. and h. of Lord George Murray (by Amelia, only 1764. surv. da. and h. of James Murray, of Glencarse and Strowan), who was next surv. br. of the 2nd Duke, and 5th s. of the ist Duke, by his 1st wife. He was b. 6 May 1729, and was Capt. in the 54th (Highland) Reg. of Foot. M.P. (Tory) for co. Perth 1761-64. In consequence of the attainder of his father (") (who was Lieut. Gen. of the forces of " Charles Edward " in 1745) his right of succession to the Dukedom of Atholl, ^c. [S.], being a matter of doubtful validity, he presented a petition to the Crown, claiming the same on the death of his uncle, and it was resolved, 7 Feb. 1764, by the House of Lords (to which the petition had been referred) " that the Petitioner hath a right to the titles, honours and (*) The statement in Diet. Nat. Biog. that he was at the same date made Lord Justice Gen. is altogether erroneous. V.G. (") " A very pretty girl " writes her br.-in-law, Lord George Murray, 28 May 1749. V.G. C) As to the efiFect of an attainder, " In the Athol case (1764) it was held that if the attainted person died in the lifetime of the person in possession of the dignity, the attainted person's son could take ; and in the Airlie case (18 12) it was held that if the attainted person survived the person in possession of the dignity the title was forfeited. " See Hewlett, p. 12, and Robertson, p. 315-318.