OLIPHANT papers – Settlement of George BARKER – in favour of 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 Disposition (of the same date) is HERE.

OLIPHANT papers; envelope 2; document 2;

Cover;

Settlement of George Barker, in favour of his grandchildren; 1784. Cover.

Transcription of cover;

Copy
Settlement
George Barker
In favour of
His Grandchildren
1784
8th October 1789 [prod… &]
registered […] John
Philp & John Malcom
Baillies. David Anderson
[…]
Booked

Inside (top of page);Settlement of George Barker, in favour of his grandchildren; 1784. Inside-top.Transcription of inside (top of page);

Know all men by these present, 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 moveables Do therefore give Grant assign and dispone one #
third part of my whole moveable and [per]sonal estate [G]oods and […] [Debts] and sums of #
money ([…] moveables and […] cloths included) that shall belong and be [resting] to me #
at my death to and in favour of the children equally of my daughter Mary with William #
Oliphant shipmaster in Kirkcaldy both now deceased the names of said children being #
Christian, Robert, George, and Mary Oliphant, and another third part of my said #
moveable and personal estate to and in favour of George, Thomas, and David Dougall #
equally being the children of my other daughter Agnes with George Dougall #
Shipmaster in Kirkcaldy both also now deceased, and the remaining third part of #
my said moveable and personal estate to and in favour of Christian and Janet #
Oliphant equally being the children of my other and youngest daughter now #
deceased with Henry Oliphant, Shipmaster in Kirkcaldy. [In…agating] and […] #
my said [several] Grandchildren above named in my [full] [sight] title and [place] of the #
[premesses] and [nominate] and [appoint] them to be my Executors according to the above #
dicision Dispensing with the [generality] of these presents and [admitting] the […] to #
be as [solid] and [effectual] as if my whole moveable subjects household furniture and #
debts had been specially moved herein and [I de..] and appoint [that] before any [division] #
of the funds hereby assigned take place by [virtue] hereof my death bed and funeral #
expences and all my debts shall be satisfied and paid as [well] as the sum of thirty #
pounds sterling to Agnes Bett […] in Kirkcaldy which I bequeath to her #

Inside (bottom of page);Settlement of George Barker, in favour of his grandchildren; 1784. Inside-bottom.

Transcription of inside (bottom of page);

for good […] [payable] within six months after my decease and also a debt of forty #
pounds Sterling and interest thereof from the [fifteenth] of […] Seventeen hundred and #
Twenty six [till] payment being money borrowed by me from my daughter Mrs Dougall #
and I gave […] [or] thoer [Voucher] And the remainder of my said moveable funds to be #
divided by a three part division in terms hereof. And in regard [that] during the #
lifetime of my said daughter Mary I advanced her and her husband William #
Oliphant to the extent of One Hundred and eleven pounds Sterling therefore and #
in order to make the Children of my daughter Agnes equal I give up and discharge #
in favour of the said three Children of my daughter Agnes a [debt] of [two thousand] #
[Merks] which I paid for them to the heirs of Robert [White] [Mariner] in Kirkcaldy [conform] #
to an [assignation] in my favour dated the [third] and sixth days of February [Seventeen] #
hundred and [Twenty] two Years which I order to be delivered up to my said three Grand- #
-children and I having claims upon my other daughter and Henry Oliphant to the [extent] #
of One hundred and Sixty four pounds Sterling which I [compute] to be [fifty] five #
pounds more than I have given my other two daughters or their families therefore and #
to make an equality I […] the share of my moveables falling to the share of #
the Children of the said Henry Oliphant [&] with the payment of the said [fifty] #
five pounds Sterling One half thereof to be paid to the Children of George Dougall #
and the other half to the Children of William Oliphant and I appoint that #
the said debt […] by me from Mrs Dougall and interest thereof shall #
be paid out of my funds [without] any [conformation] to her Children equally #
declaring that I have no other claims upon my said daughters their husbands #
or families then what is above specified and settled by these [presents] [Res…ing] #

Will Drysdale, witness
Will Michie, witness
John Barker, witness

(signed) George Barker

Back page; Settlement of George Barker, in favour of his grandchildren; 1784. Back-page.Transcription of back page;

always to me not only my life rent of the subjects hereby conveyed but also full and absolute #
power over the same and to use and dispose thereupon as effectually as if these [presents] #
had not been granted and I [dispensed] with the not delivery hereof in my own #
lifetime and declare the same to be as [valid] and effectuall as if delivered and a #
good deed [altho] found lying by me or in the custody of a [neutral] person at my death #
any laws or practice to the contrary [nor] with standing and I hereby appoint the said #
Henry Oliphant to be Tutor and Curator not only to his own two Daughters but #
also to the Children of his said Brother William Oliphant for managing the #
subjects hereby assigned to them declaring he shall not be liable for [Amissions] but #
also (for) his (actual) [Intebmissions]. Consenting to the registration hereof in the [Banks] #
of Council and Session [burrous] [court] Books of Kirkcaldy or others competent #
for [preservation] and therets I constitute. #

My [Procurators] in witness whereof these presents (written #
on stamped paper by William Drysdale town clerk of Kirkcaldy) are subscribed #
by me at Kirkcaldy the eight day of May One Thousand Seven hundred and #
eighty four years before these witnesses; William Michie, taylor in Kirkcaldy #
John Barker, apprentice to the said William Drysdale, and the said William #
Drysdale.

signed

William Drysdale, witness
William Michie, witness
John Barker, witness

(signed) George Barker

.

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