Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Mary Somervile, and Janet Cunningham, Petitioners
Date: 24 February 1709
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Mary Somervile, daughter, and Janet Cunningham, grandchild to umquhile Nicol Somervile, writer in Edinburgh, gave in a bill to the Lords, representing, That young Nicol Somervile, her only brother, went many years ago as chirurgeon to a ship bound for the Indies; and the last accounts they had of him, was a letter to his father from Maryland, in America, in anno 1703, bearing, that, his father being now turned aged and infirm, he would, God willing, endeavour to see him shortly. Since that time they have never heard from him, whether he be dead or alive; but fear the worst. That, by his absence, none have a title to manage or intromit with his estate, which consists in houses and bonds; so the same are like to go to ruin or perish, whereby considerable damage has already emerged: and, therefore, craved the Lords may name a factor to set the houses, do diligence for the debts, and manage, either till his return, or some more certainty of his death be got: And which course the Lords took in a parallel case, 12th July 1704, with the Estate of John Dale, Sweden-pursevant.
The Lords thought this desire reasonable, and appointed a factor; but ordained him to find sufficient caution to make the same forthcoming to all parties who shall be found to have interest.
