OLIPHANT papers – Disposition of George BARKER; to his grandchildren; 1784

For some context, and an index to these documents, please SEE HERE.

If you can help with the transcription of these documents please get in touch.

Please click on the images to see the scans at full resolution.

Here is a family tree of George BARKER, his daughters, and grandchildren;
George BARKER descendants tree Jan2016versionGeorge BARKER descendants tree Jan2016version
There is also an Outline and a Report of George BARKER’s descendants (up to 4 generations).

George BARKER’s Settlement (of the same date) is HERE.

OLIPHANT papers; envelope 1; document 2;

Cover; G-Barker_cover

Transcription of cover;

Disposition – George Barker – to His Children, 1784.

8th Oct 1789 [pro’] [registrate] – […] Robert Philp & – John Malcolm Baillies – David Anderson procurator

Booked

Page 1; G-Barker_page1

Transcription of page 1;

Know all men by these presents Me George Barker shipmaster in Kirkcaldy In order to prevent all disputes at my death am resolved to settle my affairs and make the following destination of my heritable subjects I hereby give grant & dispone to and in favours of George Thomas & David Dougall law- ful children procreate betw[.] the deceast George Dougall Shipmaster in Kirkcaldy and Agnes Barker his spouse my daughter also deceast equally among them and their heirs and assignees heritably & irredeemably all and [H]aill that tenement of land and yard there to belonging lately purchased by me from William Oliphant lying within the burgh of Kirkcaldy at the head of the new harbour and on the south side of the high street bounded betw[..] the lands of the heirs of Walter McRay on the east, the lands of the heirs of William Gray on the west, the sea flood on the south and the said high street on the north parts as also all and [H]aill that tenement of land purchased by me from Francis Beveridge laying in the said town of Kirkcaldy in the pans there of on the south side of the street bounded with the high street and void ground on the east and west, the sea flood on the south and the high street on the north parts thereof, as also my just and equal half of all an[d] [H]aill that tenement of land yard and pertinents acquired by my decease[ed brother and me from Elizabeth Barker lying in the town of Kirkcaldy in the [hans] thereof and north side of the street bounded with the tenement of Thomas Brown’s heirs on the west, the tenement of David La[ui]gs heirs on the east, the [Imutow] lands on the north and high street on the south parts and also all and [H]aill that peice of void ground purchased by me from Margaret Beuters spouse to Theodore Lyall weaver in Kirkcaldy upon which I have since built houses lying in the said town of Kirkcaldy on the south side of the street bounded with void ground on the east, the sea flood on the south, a [vennal] on the west, and high street on the north parts. And I give grant and disponer to and in favours of Christian, Robert, George & Mary Oliphant lawful children procreate bet[..] William Oliphant shipmaster in Kirkcaldy & Mary Barker my daughter his spouse both now deceast equally among them and their heirs and assignees heritably and irredeemably the just and equal [E]aster half of all and [H]aill that larger tenement of land high and laigh back and fore lying in the said town of Kirkcaldy on the south side of the street purchased by me from Mr Patrick Ross bounded by the house of James Meldroms heirs on the west, an common vennal on the east, the sea flood on …

Page 2; G-Barker_page2

Transcription of page 2;

… on the south & high street on the north parts as also the just and equal half of my just and equal half of all and [H]aill these two tenements of land of a long time ruinous with inner and outer yards all now turned into one entire yard inclosed on all sides and having a south dyke in place of the fare wall of the ruinous tenements being purchased from John Paterson of Kirkcaldy by my brother John and me lying in the said town of Kirkcaldy on the north side of the street bounded with the tenement & yard of Provost Kays heirs on the east, the lands of the Prime Gilt box on the west, [Initow] lands on the north and the high street on the south parts. And I give grant and dispone to and in favours of Christian & Janet Oliphant lawful children procreate bet[..] Henry Oliphant shipmaster in Kirkcaldy and the now deceast Christian Barker his spouse my third and youngest daughter and their heirs and assignees heritably and irredeemably the just and equal wester half of all and [H]aill the said larger tenement of land high and laigh back and fore lying and bounded as said is as also the other just and equal half of my just and equal half of all & [H]aill the sail two tenements of land now ruinous & inner and outer yards all now turned into one yard lying & bounded as said is. In the which several subjects above dispoued I bind and oblige me my heirs and successors to infeft and [s]eige my said grandchildren [m]ore saids for their differ- ent interests upon their own expences and that by resignation as after mentioned to be holden in free burgage Royal for payment of the burrow maills & service of burgh used and wout and for accomplishing of the said infeftment I hereby make & constitute

and each

of them jointly and severally my procurators for me and in my name purely and simply by staff & bastone to resign like as I hereby resign surrender and deliver the whole of the foregoing different & respective subjects all lying and bounded in manners above written which are here held as repeated in the hands of the Provost or any one of the Baillies of Kirkcaldy as in the hands of his majesty immediate lawful superior thereof in favors and for new infeftment of the same to be made given & granted to my said several grandchildren above named & their forsaids according to their several interests & proportions above specified which are also here held as repeated and that in such due and competent form as [effeirs] acts instruments and documents one or more in the pre[..]ifses to ask lift and raise & generally every other thing …

Page 3;  G-Barker_page3

Transcription of page 3;

… thing thereanent to do that I could do myself being personally present on which to the office of procuratory in such cases is known by law to appertain from ittew derate In like manner I hereby assign and make over to & in favors of my several grandchildren above named and their foresaids not only the whole rents mails and dutys that shall be due & resting at my death of the several subjects hereby disponed to them in manner above specified But also the respective writes & evident of & concerning the said subjects disponed and whole clauses therein contained with all that has followed or may follow on these writes surrogating & substituting my said several grandchildren & their foresaids in my full right title & place of the [premises] with power on my death to intro[milt] with uplift & discharge their rents & duties of the said several subjects above disponed & assigned [pursue] therefore as well as for implement & recovery of the said writes as accor[.] and in general to do every other thing there [a neut] as effectually as I could have done before granting these presents Reserving always to me not only my liferent of the whole subjects hereby disponed But also full power over the same and to do therewith as fully & effectually as if these presents had never been granted Dispensing with the not delivery of these presents in my own lifetime and declare the same a sufficient evident altho’ found lying by me or in the custody of any neutral person at my death any law or practice to the contrary notwithstanding and I hereby appoint the said Henry Oliphant to be tutor & [beurator] not only to his own children but also to the said children of his brother William for managing the subjects hereby disponed to them Declaring that he shall not be liable for omifsions but only for his actual intromission… Consenting to the Registration hereof in the Books of Councill & …. Burrow Court Books of Kirkcaldy or others competent for preservation and thereto constitutes

My Procurators In witness whereof these presents… consisting of this & the three preceeding pages of stamped paper (writte… by John Barker apprentice to William Drysdale Clerk of Kirkcaldy) are subscribed by me at Kirkcaldy the Eight day of # May One thousand seven hundred & Eighty four years Before # these witnesses; William Michie, taylor in Kirkcaldy, and the # said William Drysdale and John Barker ~

(signed) Wille: Drysdale, witness
(signed) William Michie, witness
(signed) John Barker, witness

(signed) George Barker

 

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