BIOGRAPHICAL SKETCHES. 379
The happiness thus experienced was at length unexpectedly interrupted by
the death of hlrs. Kay, which occurred suddenly on the 6th of August 1813.
A mutual deed of settlement had been drawn out, but not completed ; and as
there were no children by the marriage, her niece, Mary Musgrove or Hardie,
became the undoubted heir to one-half the “ goods in communion ;” but, save
in the matter of her aunt’s body clothes-probably from ignorance of her right
-she made no demands on Mr. Kay; and, during the five years of his survival,
he continued in undisturbed possession. On his death, 13th May 1818, it was
found that he had executed a trust-deed, conveying the whole of his property
to trustees,’ to be disposed of in the manner therein provided. After payment
of certain legacies to individuals, of which S400 to Mrs. Hardie was the highest
sum,’ the residue was destined to various corporations and charitable institutions
in Edinburgh.
An action of reduction was now raised at the instance of Mrs. Hardie against
the trustees ; and a decision was ultimately obtained in her favour, whereby her
right to the half of the goods in communion (amounting nearly to one thousand
pounds)-ovw and above the legacy of 3400, as well as her claim of interest
from the period of Mrs. Kay’s death-was fully confirmed. The pursuer, Mrs.
Hardie, whose husband was a wright, and in rather poor circumstances, thus
came into possession of more than S1700.
Notwithstanding this decision, which merely affected the moveable estate,
there still remained heritable property of considerable value, which enabled the
trustees in part to fulfil the charitable intentions of the truster. Among other
institutions, the Society for Propagating Christian Knowledge was not forgotten ;
and we observe that the Edinburgh Sessional School, Market Street, as recorded
on the building, was erected chiefly from the funds of Mr. Kay and two other
donors.
No. CCXCIX.
CAPTAIN BILLAIR AND HIS WIFE,
WHO, THOUGH A TALL WOMAN, ALWAYS WORE HIGH-HEELED SHOES.
RICHARDB ILLAIR(o r “Dickie,” as he was more familiarly termed) was a Captain
in the Rutland Fencible Cavalry, commanded by Captain Neville, which were
quartered at Edinburgh for some time during the year 1792.
The trustees were, Louis Cauvin, Esq., residing at Duddiugstone: Robert Stewart, Esq.,
Deputy-Presenter of Signatures in the Exchequer ; Thomas Fergusson, Esq., W.S. ; and Jamea Reid,
Esq., of the Auditor’s Office, Exchequer.
He was a frequent, and always a welcome visitor
at Durklingstone.
a Kay the artist, we believe, waa left 6100.