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Document : 326

Title: Letter About General Balfour and His Domicile in Scotland and England

Author(s): Campbell, Archibald

Goatfield Inverary17th April 1823
Gentlemen

From some correspondence I have
had with Mr Wardlaw Nephew of the late Genl
Balfour who resided in Bolton Row relative to the
question of his Domicil I see that you have taken
some charge of the busineſs or at least have [¿]
the opinion given by Mr Cooke it being stated by
Mr Wardlaw that you did not think he had gone
to the bottom of the matter. After perusing his Opinion
I am most clearly of the same sentiments with you
& as my wife (now Lady Campbell) has a material
Interest to make out that the General was
domiciled in England at his death I have advised
more opinions to be taken & also hinted to the others
concerned that I conceived it might be both expedient
& perhaps neceſsary to have the question tried in
the Competent Court [¿] as matters are I
have doubts of those in whose hands the [¿]
will be ordered to pay without such.

I have also stated that I have the greatest
confidence in you & that I wish you to have either
the whole management of the matter in London or
if that cannot be from arrangements already made
by Wardlaw & Genl Robert Balfour that you should
[¿] the lease which is to be laid before the Attorney
General & some other Council in London. At all counts
I shal insist that you shall take some charge
of the matter in acting for me.
I have never seen the lease submitted to
Mr Cooke, but I am led to think from the opinion
that it has not stated the circumtances fully &
everyody who has had opportunities of consulting
Council, knows that a good deal depends upon
the lease. I have therefore, to save time, desired Mr
Wardlaw to send a copy of the lease to Mr Crawford
Tait (with whom I conversed fully on the subject at
Garscube lately) in order that he may make such
alterations or additions as he may think neceſsary
& shall request that it shall be ofterwards sent
to you. Genl. Balfour speaks in one of his letters of a Mr. [¿]
as the Attorney employed. Who he is I [¿] you to explain

I wish also for your opinion by return of Post
addreſsed to Glasgow whether it be expedient (as is now
proposed) to join Mr Cooke with some other Council
or to [¿] him out in the opinion to be taken. I am afraid
he may do harm by trying to bring the other Council
to his opinion, but if you think thre is not much
in this it would perhaps be desirable he should be one, as it
would have more weight with Miſs Balfour if the
[¿] opinion (he being one) differs from the former
opinion. I am much mistaken if the Council do
not at least state the question as one of difficulty,
& which ought to be decided by a County Law.
But whether Mr. Cooke would ever go this length
after the opinion he has given I do not know.
It is agreed that the Attorney General as to be one
of the Council & it is proposed to have a Civilian Dr.
Washington or whoever is considered the ablest, & also
a Scotch Council. [¿] Mr Moncrief & Mr [¿] are
both in London, both have been spoken of, but
in general we prefer Mr Moncrief as being likely
to go more to the bottom of such a question. Indeed he does
now doubt the practice which Mr. Clark has.

I have suggested that the Sollicitor General (Copley) should
be added as one of the Council understanding him
to be a very able Lawyer
An opinion that the lease is attended with
difficulty & worth trying would probably lead to
a comparision which would be desirable on a question
among near relations
It appears to be that Mr Cooke is
mistaken in point of Law when he states General
Balfour as never having had any other domicil
than his [¿] Scotland, because he left
Scotland as an Officer in the Kings Army & went to India
as such. First, it is not yet understood whether the
General had got his Commiſsion before he left Scotland
for he was originally [¿] in Winter, but 2ly
suffering the [¿] to be so I totally deny the inference
in point of Law that he never acquired any other
domicil. Admitting that while he remained in India
in the Kings Service Scotland continued his domicil
it appears to me clear that having chosen Boton
Row as his residence after his return from India &
having lived there for many years before he [¿]

to the estate of Blanmore in Scotland & only visiting his brothers there occasionally his domicil during
that period was England. I have used the word
chosen becase being a General Officer did not
oblige him to live in London or prevent him from
residing where he pleased. The above appears to me
so clear that I do not believe the fact as to the General's
having resided in Bolton Row for years & after
his return from India has been stated to Mr
Cooke But if it was he has [¿] that part if the [¿]
he takes no notice of it in his opinion.
The only doubtfull point is
whether the General's domicil was afterwards
changed for Scotland upon his [¿] to Blanmore
& going to reside there 3 or 4 months in the year,
while he kept on his house in Bolton Row all
the time & lived in it the rest of the year. But it is material
to keep in view that he lost the estate of Blanmore
at the death of his brother Mr And. Ramsay
succeeded to Whitehall & that he never resided upon
the latter. By an arrangement with Major Lumsden
he got the house of Blanmore & some fields around it &
certainly came down to it in the Autumn as formerly
But the house of Blanmore may be considered during
the latter period of his life as a hired house while he
also had a hired house in Bolton Row residing three
fourths of the year in the latter & only one fourth in the
former. The succeeding to a Scotch estate would
clearly per se not change his domicil, but perhaps
joined to the occasional residence in Scotland it
may have some effet upon the question.
I have not time to enlarge more
at present & shall conclude with begging you
to write by return of Post as to the matters which require
an answer [¿] to the opinion being taken.
I shall be attending the Glasgow [¿]
[¿] by the time your answer arrives & as there
[¿] 56 leases for Trial then shall
not have much time to write at least at such
length


I am yours Faithfully
Archd. Campbell
