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Action
of Reduction &c., 1854
at
the instance of Ranald MacDonald of Gerinish against
Mrs. Mary Macdonald or Macdonell
relating to the Estate of South Morar
recorded by John Dye
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M. G. 1 Vol. 559 No 517
15th September, 1934
Dear Sir,
As desired in your letter of 25th ult. enclosing cheque for £1,
I send herewith extracts from the Extracted Process Number 11 of October
1854, Ranald MacDonald of Girinish against Mrs. Mary Macdonell, which
I trust will suit your purpose.
As to your enquiry regarding the names of tenants in South Morar, Arisaig
and Moidart, 1790 - 1820, I have to inform you that in a collection of
Clanranald papers recently deposited here for preservation, there are
rentals dated 1815, 1820 and 1826 of Canna, Eig, Moidart and Arisaig,
showing the names of the tenants and their holdings, and copies of these
can be supplied at the following charges:- Rental of 1815, 5/-, 1820,
15/-, 1826, 18/-. If, however, only the MacDonald names were abstracted,
the costs would be 2/6, 7/6 and 10/- respectively. There do not appear
to be any rentals of the lands of South Morar.
Yours faithfully,
Henry M. Paton
for Curator of Historical Records
Mr. Colin
S. MacDonald,
P. O. Box 170,
Newcastle
N. B.
CANADA
No 518
H. M. GENERAL REGISTER HOUSE
Edinburgh 9th January 1934
Sir,
In reply to your letter of 29th ult. I have to inform you that the process
in the Action of Reduction &c. at the instance of Ranald MacDonald
of Gerinish against Mrs. Mary Macdonald or Macdonell relating to the Estate
of South Morar is preserved here. (Extd. Pro. No. 11 of Octr. 1854). It
can be examined by you or anyone on your behalf on payment of a fee of
7/6d., and, if notes are taken, an additional fee of 1/- for every 400
words copied will be charged.
Certain papers relating to the Estate of Clanranald have been deposited
here recently. When they have been examined and an inventory made, they
will be available for public inspection.
I am, Sir,
Your obedient Servant,
Wm. Angus
for Keeper of the Registers and Records of Scotland
Colin S.
MacDonald Esq.
P. O. Drawer V,
Amherst,
Nova Scotia,
Canada.
No 519
Summons of Reduction etc. Ranald Macdonald of Girinish in the township
of Cornwall in the Eastern District and Province of' Canada, and his mandatory,
against Mrs Mary Macdonald or Macdonell, residing at Spean Lodge, Nuachan
near Fort William, spouse of Angus Macdonell, tacksman of Insh, in the
lordship of' Lochaber, and county of' Inverness. The writs sought to be
reduced include Decree of' Special Service, 19th November, 1849; whereby
the Defender said Mrs Mary Macdonald or Macdonell is served heiress of
provision to late James Macdonald of Morar for infeftment in parts of
the estate of South Morar being the remainder of said lands disponed by
deceased Major Simon Macdonald of Morar, and parts of the lands of North
Morar in which said James Macdonald was infeft conform to Precept of Clare
Constat in his favour as lawful and nearest heir male of John Macdonald
then last of Morar, his cousin, dated 7th January, 1836.
In the Condescendence
it is stated -
{l) By the
titles of the estate of Morar the property has been held for many generations
under a destination to male heirs.
(2) On 19th January, 1791, Lieut. afterwards Major Simon Macdonald then
of Morar obtained a charter from the superior in favour of' himself and
the heirs male of his marriage with Mrs AEmelia Macdonald, whom failing
to Coll Macdonald, his brother-german, and his heirs male, whom failing
to the nearest lawful heirs male of the said Lieut. Simon, whom failing
to the nearest heirs and assignees whomsoever of said Lieut. Simon. Upon
that charter said Major Simon was infeft by Sasine registered in the General
Register of Sasines 19th July, 1791, and he possessed the property till
his death.
(3) Major
Simon was the grandson of' Allan Roy Macdona1d who was the oldest of four
brothers the great grand children of Allan More Macdonald by his oldest
son Allan Oig.
(4) Major
Simon died leaving three sons, James, Simon, and John, and he was succeeded
in the estate by James, who obtained a precept from the Superior on 27th
March, 1801, and took sasine with the same destination as in the said
charter of 1791 on 5th May, 1801.
(5) James
Macdonald died unmarried without issue and his immediate younger brother
Simon having been previously accidentally killed while unmarried, Major
Simon's third and youngest son John who was an idiot took up the succession
on 23rd August, 1818, and had sasine registered 28th November, 1818, also
with the same destination to male heirs, as in the 1791 charter.
(6) Coll
Macdonald the younger brother of Major Simon predeceased him without issue,
and on the death of John the idiot the male descendants of Major Simon's
grandfather Allan Roy Macdonald became extinct his three younger sons
having died without issue. With Allan Roy's descendants what was more
strictly and commonly called the Morar family became extinct.
(7) The immediate
younger brother of Allan Roy, viz. Alexander had had two sons but they
died unmarried without issue. The third brother of Allan Roy - Hugh -
had been a Bishop and also died without issue. The property consequently
came to the family of the fourth brother called John of Guidale (Ghaotal).
His only surviving male descendant a grandson James also an idiot obtained
a charter from the superior and was served as lawful and nearest heir
male of John Macdonald of Morar, his cousin. He had sasine recorded 22nd
March, 1836.
(8) James
Macdonald the idiot died about January 1849 unmarried and without issue.
He was the last of the male descendants of Allan More by his son Allan
Oig. Upon the death of James the idiot the succession opened under the
destination by which the estate of Morar had all along been held, to the
male descendants of Allan More through his other sons - they being the
male heirs of Major Simon. They were however out of the country and did
not at once follow up their rights.
(9) During
the absence from the country of the male heirs of Major Simon through
the other sons of Allan More, Mrs Mary Macdonald or Macdonell, daughter
and heir female of Coll Macdonald the brother of Major Simon had herself
served heiress of provision of deceased James Macdonald of Morar. Her
claim to the estate was founded upon the destination after failure of
Major Simon and Coll Macdonald and their heirs male to Major Simon's 'heirs
and assignees whomsoever'.
(10) She
had sasine registered 26th November, 1849.
(11) The
pursuer said Ranald Macdonald is the heir male of Major Simon and as such
called under the destination of 1791 and subsequent titles. The male descendants
of Allan More through his eldest son Allan Oig were extinct; but the pursuer
is the heir male through another son of Allan More. This Allan More had
two sons besides Allan Oig, viz., John and Alexander. John died, without
issue but Alexander was married and left children. Ranald Macdonald the
pursuer's grandfather was the only great grandson of this Alexander. He
emigrated many years ago to America and had two sons Allan and Alexander
Macdonald. Allan who generally resided in Prince Edwards Island, while
in this country sometime ago obtained a Brieve from Chancery for serving
him heir in general to John Macdonald the second son of' Allan More his
great great granduncle. A long proof was led upon which he was duly served
nearest and lawful heir in general to the said John Macdonald on 4th July
l825. Allan Macdonald returned again to Prince Edwards Island where he
died leaving no issue.
The pursuer
Ranald Macdonald is the oldest son of the late Alexander who was the only
brother of the said Allan, and consequently his oldest nephew and nearest
and lawful heir, and nearest and lawful heir male of the deceased Major
Simon.
No 523
Evidence of Mrs Catherine Macdona1d, widow of Ranald Macdonald, Springfield,
St. Peters lakes Township No. 39, Kings County Prince Edward Island, taken
on commission by Hon. Robert Hodgson, Chief Justice of Prince Edward Island,
in his chambers in Charlotte Town on 26th September, 1853.
She depones she knows the pursuer Ranald Macdonald, son of her brother
Alexander. She heard of his birth about 23 or 24 years ago but never saw
him until last June. Does not know the defender.
She is 76 years of age. She is the daughter of Ranald Macdonald of Girinish
in South Uist Scotland, and his wife Flora. Her mother's maiden name was
Flora Macdonald of Ardnashishnisk in Scotland. She remembers when she
was about 5 years of age she was at the house of her grandfather in Benbicula.
When her father left Girinish for Knoydart where he resided some time
before he sailed for America she was left in Uist with her nurse, where
she had frequent opportunities of seeing her grandfather and her Aunt
one of her grandfather's daughters by his second marriage. She has heard
of a brother of her father. Her father was the eldest son and John and
Alexander were next to him by the first marriage. There were two brothers
by the second marriage, named Dugald and Ranald.
She has resided about 50 years in Prince Edward Island. She was born in
South Uist and left Scotland when about 7 and went to Upper Canada and
resided there about 18 years.
Her father married twice. The name of his first wife was Flora Macdonald
of Scothouse, Inverness-shire, Scotland. The name of his second wife was
Flora MacDonell of Ardnas
lishnisk. Her grandfather was married twice. The name of his first wife
was Isabella Macdonald, her grandmother, and the second was Miss MacEachen,
and to the best of her recollection her name was Margaret MacEachen.
Her father had one son by his first wife named Donald. He was drowned.
He entered the army when he was about 15 and attained the rank of Lieutenant.
She resided in Canada when she heard of his death with her father's family.
Her father's eldest son Donald was never married.
Her father Ranald Macdonald was the eldest son of Alexander Macdonald.
Her father had ten children by his second marriage, four sons, Allan,
the eldest, Alexander the second, Joseph the third, who died about a fortnight
after his birth, and also a son who died immediately after his birth.
The daughters names were Mary who died about 18 years of age unmarried;
Catherine (the witness); Anne, now Mrs Ann Beaton, residing in Prince
Edwards Island, wife of Alexander Beaton; Clementina, who died in infancy;
second Clementina who died in Prince Edward Island about 66 years of age
unmarried; and Marcella now the widow of Alexander Macdonald of St. Margarets,
Prince Edward Island (The Bear's mother).
When her father, mother, her brother Allan, and sisters, came to reside
in Prince Edward Island, her second brother Alexander remained in Canada,
where he afterwards generally resided. Alexander some years after came
to Prince Edward Island and remained about 12 months recruiting for the
Glengary Regiment in which Regiment he was an officer. He lived a number
of years in Canada where he died.
Her brother Alexander was married to Mary Fraser, daughter of Captain
Fraser, with whom she was acquainted. Miss Fraser was a Protestant. Her
brother Alexander left four daughters and one son, Ranald the eldest child;
Catherine, Flora, Ann, Margaret and Johanna.
The present claimant to the estate of Morar Ronald Macdonald of Girinish
in Upper Canada is the eldest and only lawful son of her second full brother
Alexander.
It is about 40 years since her father died; he died at St. Margarets in
Prince Edward Island. He died at the house of Alexander Macdonald, St.
Margarets, and was buried at St Margarets.
Both of her full brothers are dead. She is quite satisfied of this fact.
She was not present at the death or burial of her brother Allan, owing
to untimely notice and the state of the roads at that season - March 1844
-the distance from her residence to St. Margarets was about 25 miles.
She has always been acquainted with the genealogy of her father and mother.
She heard it from them and several old people who emigrated from Uist
to Canada and this Island, in the following order. Her father Ranald of
Girinish was the eldest son of Alexander of Garryghoil, and he the eldest
son of John of Garryghoil, and he the eldest son of Alexander of Garryghoil
was the third son of' Allan More Macdonald of Morar. Her grandfather she
had heard had two younger brothers, named Allan and Donald (of Kilaulay
- So. Uist). Her grandfather had a lease of Garryghoil in Uist where he
resided
She never heard that the present claimant of Morar Ranald Macdonald or
any of his ancestors as far back as she, knows his genealogy were illegitimate.
Her grandfather's second wife was Miss MacEachen of Puerin (Paninuran?).
Her father's first and second wives were related; they were first cousins.
Her brother 'Alexander the second son of her father by the second marriage
had an illegitimate son before his marriage, named Alexander She has heard
he resided in the United States, and was acknowledged by his father and
known by the family as illegitimate.
Her father and mother professed the Roman Catholic religion and she professes
the same.
Similar evidence
is given by Mrs Anne Beaton, wife of Alexander Beaton of the East Point
Prince Edwards Island of Township No. 47 in Kings County in said Island,
aged 73 or 74. She is the second daughter of Ranald Macdonald of Girinish
South Uist Scotland. Her mother's name was Flora Macdonell of Ardnaslishnisk
in Scotland, her father's second wife.
Similar evidence is given by Mrs Marcellas Macdonald, relict of Alexander
Macdonald of St. Margarets Township No. 44 in Kings County Prince Edwards
Island, aged 71 years. She is a daughter of Ranald Macdonald of Girinish,
South Uist in Scotland.
John Dye
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