OLIPHANT papers – Agreement between the tutors of John Aitken, and Christian Barker

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Christian Barker [b.1741] (daughter of George Barker [b.1705]) was married 1st to Thomas Aitken [m.1763], then to Henry Oliphant [m.1766]. Her 1st son, John Aitken [b.1764] appears to have died prior to this document. Christian and Henry had 2 sons (who both died in childhood) and 2 daughters. After Christian Barker’s death in 1777, Henry Oliphant remarried and had another 8 children.

OLIPHANT papers; envelope 2; document 9;

Cover; coverTranscription of cover;

Agreement
betwixt
the tutors of John Aitken
and
Christian Barker
and her Husband
Dated – 1768
Reg’ – 17th Dec 1769

Page 1;

page-1_ed

Transcription of page 1;

(True copy) (first Page)
At Kirkcaldy the Seventh day of December One thousand #
Seven hundred and Sixty nine years In presence of Thomas #
Dougall and David Robertson present Baillies of Kirkcaldy #
sitting in Judgment in an [fin..] court [Compeared] #
George Douglass and George Robb Writers their as #
Procurators for the parties after named and given in #
the agreement under written. Desiring the same #
might be [insert] and [registrat] in the [Burrow] Court Books #
of the said burgh therein to remain for preservation #
conform to the clause of registration therein contained #
Which Desire the said Baillies found reasonable and #
ordained the same to be done accordingly and whereof #
the [tenor] follows. The Parties underwritten […] #
Andrew Inglis of Easter Bouhill Merchant in #
Kirkcaldy, George Barker shipmaster there, James #
Beveridge weaver in Links, John Sleans junior weaver #
in Kirkcaldy, Andrew Alexander sometime Merchant in #
Falkland now in Kirkcaldy and William Aitken #
merchant there Tutors Nominated by the now deceased #
Thomas Aitken merchant in Kirkcaldy to John Aitken #
his only child also now deceased (any three of these tutors #
being a quorum) On the one part and Christian #
Barker sometime spouse to the said Thomas Aitken #
and mothor to the said John Aitken, now spouse to Henry #
Oliphant shipmaster in Kirkcaldy with consent of her #
sad Husband and the said Henry Oliphant for himself #
and as taking burden on him for his said spouse On the #
other part Have agreed in manner following that is #
to say Whereas the said Thomas Aitken by his Disposition #
dated the twelth day of July Seventeen hundred #
and Sixty five and [registrate] in the [Burrow] Court Books #
of Kirkcaldy the Sixteenth day of September year forsaid #
granted and Disponed to the said John Aitken his only Son #
and child his whole heritable ##### and moveable #
subjects with the burden of paying to the said #
Christian Barker his spouse One hundred pounds #
Sterling
(signed) Will: Drysdale, clerk

Page 2; page-2_ed

Transcription of page 2;

(second page)
Sterling money out of the first and readiest of his moveable #
means and effects at the first term of Martinmass or Whitsunday #
after the death ot the said Thomas Aitken and also paying to #
her during all the days of her lifetime the legal interest of #
One third part of his whole moveable goods and [year] #
Debts and sums of money that should belong and be #
resting unto me at the time of his death, the above #
One hundred pounds Sterling being understood to make #
part thereof and the interest of that sum a part of #
her third and he hereby appointed the said persons #
Tutors and Curators for the said Child as the said #
Disposition more fully bears That the said Thomas #
Aitken having died in the month of September, Seventeen #
hundred and Sixty five several disputes arose betwext #
the said Tutors for behalf of their pupil and the said #
Christian Barker with [respect] to the extent of the #
said Thomas Aitken’s moveable effects and debts an #
to the [Commencement] of her life rent of the […] #
thereof and the [Baurd] wages to be paid her for [their] #
said pupil and the said Tutors having frequently #
met with the said Christian Barker and the said #
Henry Oliphant now her husband concerning #
these and other disputes did settle the [sum.] as #
underwritten In the first place it is hereby agreed #
that the sum of Six hundred pounds Sterling #
money inclusive of the said One hundred pounds #
Sterling payable to the said Christian Barker is #
the capital stock out of which her life rent is to #
be paid and of course that the sum of Two hundred #
pounds Sterling is the [ground] from which her #
life rent arises and that the legal interest of One #
hundred pounds is the sum to be paid her during #
her life. The One hundred pounds being her #
own property in terms of the said Thomas Aitken’s #
Disposition and already paid to her and discharged #
and it is hereby agreed that the said Christian #
Barker’s life rent of the said One hundred #
pounds Sterling should commence at the term of #
Whitsunday
Will: Drysdale, clerk

Page 3; page-3_edTranscription of page 3;

(third page)
Whitsunday Seventeen hundred and Sixty seven and shall #
be paid to her or her Assignees at the term of Whitsunday #
yearly during her lifetime out of the moveable effects #
and debts which belonged to the said Thomas Aitken #
and it is hereby further agreed that their shall #
be paid out of the said Thomas Aitken’s effects to the #
said Christian Barker and her said Husband #
the sum of Sixteen pounds Sterling money in full of #
the pupil’s board [wages] during the space he lived with #
the said Christian Barker and the said parties having #
nothing further to claim of one another with respect #
to the affairs of the said Thomas Aitken. They therefore #
mutually discharge each other their heirs [.] of all #
intromissions which they or either of them had with #
the effects of the said Thomas Aitken or which the one #
can lay to the charge of the other bygone preceeding #
the […] hereof and the said parties consent to #
the registration hereof in the Books of Council #
and Session [Burrow] court Books of Kirkcaldy #
or others competent for preservation and if necessary #
to receive execution thereon in form as effects and #
thereto they constitute George Douglass and George #
Robb writers in Kirkcaldy their [Brors] [..] In #
witness whereof these presents wrote by George #
Douglass, apprentice to William Drysdale, town #
clerk of Kirkcaldy upon Stamped paper are #
Inscribed by the said parties at Kirkliston the Thirteenth #
day of June One Thousand seven hundred and #
Sixty eight years before these witnesses the #
said William Drysdale and George Douglass #
both before design[ed] (signed) A.Inglis, George #
Barker, Will.Aitken, And.Alexander, Henry #
Oliphant, James Beveridge, John [Sleans], #
Christian Barker, Will: Drysdale, witness #
George Dougall, witness, Extracted upon #
this and the two preceeding pages By #
Will Drysdale
Clerk

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