# Manx Primary Source Archive — Transcription

**Source image:** `20260219_110227.jpg`  
**Transcribed:** 2026-02-25 20:32  
**Method:** Automated (Claude Batch API — claude-opus-4-6)

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as his Heir at Law. If therefore James Heywood whom I take
to be the next Brother & consequently remainder man in fee of the
Lands to be purchased with the 9342£ 3 p^r Cents, were of age at
the time of executing the Bond & Assignm^t above stated, I am of
opinion that that Instruments, did amount to an agreement such
as a Court of Equity will enforce, as to an equitable Assignment
of the Stock or Lands to be purchased with it, by way of pledge
or Security for the two thousand Pounds w^th Interest & all costs & charges
& that by a proper suit for that purpose the Duke of Atholl could compel
the Appropriation of a sufficient part of that fund in discharge
of his demand. But if the Words "Kinship or Inheritance agreeable
to the Custom, import an intail, either not barrable by the Tenant
in Tail, or barrable by some particular & exact mode, the
Duke of Atholl can claim no more than the application of
the Dividends of the Stock or the rents & profits of the Lands
to be purchased with it during the life of James Heywood

In either Case his Grace's Remedy appears to me to be
by Bill in Equity & as the 3 p^r Cents are now standing in the account^ts
Gen^ls name, either laid out or to be invested in Lands in England in the
name of the Trustees who also are resident in England, I think it
adviseable to file the Bill in the Court of Chancery here, & if James
Heywood resides in the Isle of Man, & refuses to appear the Bill
must charge that he is out of the jurisdiction of the Court.

Rob^t Graham

Lincolns Inn April 20^th 1790

AP 143-14
