Boswelliana: The Commonplace Book of James Boswell, with a Memoir and AnnotationsBoswell, James
History
Boswelliana: The Commonplace Book of James Boswell, with a Memoir and Annotations
Boswell, James
Boswell, James, 1740-1795
recommend him but the legal character of an heir who directly on his
succession would let it fly. I say he would justly be censured for
this unless he laid that unhappy heir under proper restraints. And
if this would be an advisable precaution to follow where the person
is seen, it must be equally so whenever an heir happens to exist of
that unhappy disposition at any period however remote, for no time can
come when any reasonable man can think it would be beneficial to allow
a person to act foolishly, do therefore hereby,—with the special
advice and consent of James Boswell, Esquire, Advocate, younger of
Auchinleck my eldest son, and under these impressions and in the hope
and belief that I have fallen on a method of preventing children
from being independent of their parents and of securing a proper
provision for younger children, not only at first, which is all that
is commonly done, but in all future times, the want of which appeared
to me the most solid objection to Taillies—give, grant, and dispose
heretably and Irredeemably to myself and the heirs male procreated
and to be procreated of my body whom failing the lands of Auchinleck
to Dr. John Boswell physician in Edinburgh my brother german and the
heirs male lawfully procreated or to be procreated of his body, whom
failing to Claude Boswell of Balmuto Esquire advocate, only son of
the deceast John Boswell of Balmuto who was the only brother of the
deceast Mr. James Boswell of Auchinleck advocate my father and the
heirs male lawfully procreated or to be procreated of the body of the
said Claude Boswell, whom failing to the heirs whatsoever lawfully
procreated or to be procreated of my body, whom failing, to my own
nearest heirs whatsoever descended of the body of Thomas Boswell of
Auchinleck my predecessor, whom all failing to my own nearest heirs
and assignies whatsoever—the eldest heir female and the descendants
of her body always excluding heirs portioners and succeeding still
without division, throughout the whole course of succession of heirs
whatsoever as well as heirs of provision.”
After excluding from the succession all fatuous persons, and regulating
annuities for females and younger children, Lord Auchinleck proceeds to
guard against the extinction of the family name.
Public-domain text, read in full here on John Shaqi.
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