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George Seton, A Saddler, in Bellinghamn; and who, by a proceeding before the Bailies of the burgh of Canongate,[1] in the absence of any opposing party, obtained himself, in July 1825, served heir-male of line of George the fourth Earl, who he alleged was his great-great-grandfather. He tried to show that the attainted Earl had been married, and that there was a son born of the marriage, from whom he claimed to be descended. This examination shall the more readily be entered upon, as of itself it affords the most complete confirmation of the proof that the attainted Earl left no lawful issue, but died unmarried. Thus the marriage may have occurred in secret in a Catholic chapel in Ediburgh or the child may have been illegitimate, the court did not dispute the lineage or the marrige although a later counter claim by Lord Eglington did dispute the marriage though not the lineage.[2]
References
- ↑ Retour of a General Service, in Bailies of the burgh of Canongate
25 July 1825.
The Retour of a General Service, dated 25th July 1825, which was carried through before one of the Bailies of the burgh of Canongate, and which served a person designed George Seton, residing in Bellingham, in the county of Northumberland, as nearest and lawful heir-male of line in general to the said George fourth Earl of Winton, his great-great-grandfather.
- ↑ Extracted Decree of Reduction
7 July 1826.
Extracted Decree of Reduction of the said General Service, dated 7th July 1826, obtained at the instance of the tutors of Lord Eglinton against the said George Seton, whereby the Lords of Council and Session reduced and annulled the said retour, and whole grounds and warrants thereof; and decerned and declared the same to have been in judgment, and restored the Earl of Eglin ton against the same in integrum, for the reasons and causes stated in the decreet. These reasons, inter alia, are that the said service proceeded in absence of any contradtictor, and without evidence to prove that the defender (George Seton) was at all connected with the foresaid George fourth Earl of Winton. Tertio, The defender could not then prove, nor can he now prove, that he is heir-male of the said George fourth Earl of Winton, or indeed of any Earl of Winton whatsoever. Quarto, The pursuer has evidence which, if it were incumbent on him to adduce, would be sufficient to instruct that, if the said defender was at all descended from the said Earl (which he has by no means proved) it could only have been through an illegitimate line.
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