OLIPHANT papers – Betty or Elizabeth BAXTER

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.

See 2 more, closely connected documents (with additional notes) HERE and HERE.

OLIPHANT papers; envelope 1; document 10;

Cover; cover_Betty-Elizabeth

Transcription of cover;

Betty [or] Elizabeth BAXER

Inside – attached certificate; inside_attached-cert

Transcription of attached certificate;

I X Robert Jameson {x Allan Grant}, Messenger at Arms, by virtue of letters in supplement of the # Sheriff Depute of the Shire of Fife his Precept # [interponed] to the [summonds] therein mentioned # [where]of the foregoing is a full double to the will /- # which […] [there] are … # dated and signeted the twenty second day of December [barrent**] # at the instance of Robert Oliphant shipowner in Kirkaldy, Mrs # Janet Oliphant his wife, John Spittall merchant # in Kirkaldy and Alexander Forsyth writer in Edinburgh # tutors & curators nominated & appointed by the lately # deceased George Dougall Esq of Kirkcaldy to his infant # daughter Elizabeth Dougall during her minority [complainers] # in his Majesty’s name and authority, summon, warn, and charge you Betty or Elizabeth # Baxter mother of the said pupil #

to compear before the said Sheriff Depute or his substitutes at # Cupar #

within the ordinary court-place where they are in use to sit for the administration of justice, the # […] day of […] in the hour of cause, with continuation of # days, to answer at the instance of the said complainers in the matter and to the effect mentioned # in the said letters, with certification as effeirs. This I do, upon the twenty third day of # December One thousand eight hundred and twenty three years, before these witnesses, # Peter M’Niven, William Butter, George Dippie, James Thain, Charles Wilson, [William Forrest], # [Kenneth Morison], – indwellers in Edinburgh. # Rob Jameson

Inside – side 1; inside_side1_ed

Transcription of side 1;

Andrew Clephane Esq advocate Sheriff #
Depute of the Shire of Fife to #
[Maids] of officers of the said Shire #
[conly] and [seally] specially constituted #
Greeting Whereas it is humbly meant #
& [shewn] to me and my substitute #
by Robert Oliphant shipowner in #
Kirkaldy, Mrs Janet Oliphant #
his wife, John Spittal merchant #
in Kirkaldy and Alex Forsyth writer #
in Edinburgh  Tutors & curators nominated #
and appointed by the lately deceased #
George Dougall Esq of Kirkaldy to his #
infant Daughter, Elizabeth Dougall #
[conform] to Deed of conveyance #
executed by him [upon] the #
12th Oct 1820 & recorded in the Books of #
Council & session, as a probative writ, the #
5th of September 1823 whereby for the #
causes therein mentioned he the said #
George Dougall gave granted assigned #
and conveyed to & in favor of John #
Pratt manufacturer in Linktown #
of Kirkaldy (who declined to accept) – #
Alex Forsyth writer in Edinburgh, John #
Spittal, merch[ant] in Kirkaldy & #
Robert Oliphant shipowner there #
and the [acceptors] & [acceptors] of #
them & the [survivors] or survivor #
of those who might accept all #
& sundry his whole moveable #
Estate and Effects [Debts] & sums #
of money as therein mentioned #
to be held by his [said] trustees #
for the behoof* of the said Elizabeth #
Dougall his daughter during her #
minority, as in manner therein #
mentioned

Inside – side 2; inside_side2-reverse_ed

Transcription of side 2;

mentioned, and also [he] [herely] con-#
-stituted & appointed the said #
John Pratt who declines accepting #
and the said Alex Forsyth, John #
Spittal and Robert Oliphant; #
and also the said Mrs Janet #
Oliphant and such of [these] #
as should accept & the survivors #
& successor of them, to be the tutors #
& [educators] to his said Daughter; #
as the said deed of conveyance #
here [with] [produced] more #
fully leaves; And it being #
incumbent upon the [com-#
-planers] to give up [inventorie] #
of the said Elizabeth Dougall’s #
means and Estate as prescribed #
by act of Parliament anno 1672 #
Entitled “Act Anent Pupils #
“and Minors and their Tutors #
“and Curators” It is necessary #
thereto that the persons #
after named & designed #
nearest in kin to the said #
pupil on the father’s side #
and mother’s side [be] #
lawfully summoned #
to [con…] with the #
complaniers as tutors #
and curators forsaid #
in making up the said #
[Inventories] [Heerefore] it is #
my Will [x.. x..]

Notes on terms used in the text;

  • “Messenger at Arms” (Wikipedia). [Although I could not decipher the surname of “Robert Jameson” from this document, a bit of web-searching for “”Messenger at Arms” “Edinburgh”” revealed records for Robert Jameson, HERE, and for the death of Allan Grant (who’s name is crossed out) on 1st January 1824. HERE ]
  • “Sheriff Depute” (Wikipedia)
  • “barrent” (Wikipedia); third-person plural.
  • “behoof” (Wikipedia); meaning ‘benefit’ / ‘advantage’.

I’ll try to add a brief family tree to explain some of the people and relationships contained in this document.

George BARKER, b. 1704, married Christian BELL (or BETT) in 1732, and they had 3 daughters;

  • Mary BARKER, b. 1733, m. 1763 to William OLIPHANT (b. 1728).
  • Agnes BARKER, b. 1736, m. 1762 to George DOUGALL [1].
  • Christian BARKER, b. 1741, m. 1766 to Henry OLIPHANT (b. 1741).

Mary BARKER and William OLIPHANT had 5 children, including Robert OLIPHANT, b. 1765 (who is named in the document above)

Christian BARKER and Henry OLIPHANT had 4 children, including Janet OLIPHANT, b. 1777 (named in the document above, and who was married to her cousin Robert).

Agnes BARKER and George DOUGALL [1] had 3 sons, including George DOUGALL [2], b. 1763, who is the “father” named in this document.

A search of the IGI suggests that Elizabeth DOUGALL (the “daughter” named in this document), was christened. 30/7/1819, at St Cuthberts, Edinburgh, to George DOUGALL and an Elizabeth BAXTERS. [IGI batch no; C11987-7, Microfilm; 1066756  103059]

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