OLIPHANT papers – copy of Discharge, granted by Christian Oliphant, George Beveridge, Janet Oliphant, & Robert Oliphant; 28th Feb 1821

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.

Christian and Janet Oliphant were the daughters of Henry Oliphant (by his first marriage, to Christian Barker). George Beveridge and Robert Oliphant were their respective husbands. Robert was also Henry’s nephew. HERE is a .PDF showing Henry Oliphant’s descendants.

See the “Henry Oliphant estate” tag for all the documents relating to his estate.

OLIPHANT papers; envelope 2; document 8;

Cover; coverTranscription of cover;

Copy of Discharge
granted by –
Christian Oliphant
Janet Oliphant
Rob’t Oliphant
Geo Beveridge
28th [Feb] [1821]

Page 1; page-1_edTranscription of page 1;

Be it known to all men by these presents that me Mrs #
Christian Oliphant otherwise Beveridge [spouse] of George #
Beveridge […] [Merchant] in Kirkcaldy and Mrs Janet Oliphant #
spouse of Rob’t Oliphant shipowner [there] Children [procreated] #
of the marriage betwext the deceased Henry Oliphant shipowner #
in Kirkcaldy and Mrs Christian Barker his first wife with #
the special advice and consent of our said husbands #
and we the said George Beveridge and Rob’t Oliphant for #
ourselves and as taking burden upon us for our said #
respective spouses in manner after mentioned #
Considering that the said deceased Henry Oliphant #
by his Trust Disposition and Settlement – dated the fifth #
day of December 1820 did for the causes therein mention- #
-ed and with and under the provisions and declarations #
therein expressed Give Grant Dispone ^ assign and Convey #
to and in favour of Geo: Dougall shipowner in Kirkcaldy, #
Rob’t Oliphant – his eldest son and to such other person #
or persons as they should assume into the said trust in #
virtue of the powers therein committed to them and to the #
survivor or survivors of them accepting the [major] part #
of them alive and accepting being always a quorum But #
Declaring that the said Trustees should act jointly so #
long as no other person is assumed into the said Trust #
us trustees for the ends [uses] and purposes therein and herein #
after mentioned All and sundry the whole heritable and #
moveable real and —- personal estate then #
belonging or which should thereafter belong or be add[able] #
and […ing] to the said Henry Oliphant at the time of his #
decease with the whole [writs] [litter] — [mucher] and #
instructions of his said heritable and moveable #
estate all us therein generally and [particularly] [described] #
But always with and under the burdens and [declarations] #
therein expressed and particularly with and under #
the burden of the liferent – right use and possession #
to Mrs Jannet Hutchison spouse of the said Henry #
Oliphant of that part of the heritable subjects

Page 2; page-2_edTranscription of page 2;

thereby disponed in which she stands infeft* – conform to the #
instrument of sasine* in her favour therein mentioned #
as also with and under this provision and declaration #
that the said Trustees should within twelve months #
after the decease of the said Henry Oliphant out of the #
first and readiest of his moveable means and effects #
lay out upon good heritable [on] personal security the #
sum of Eight hundred Pounds Sterling for [behalf] of #
each of us the said Christian Oliphant or Beveridge #
and Janet Oliphant taking bonds for the said sums #
payable to each of us in liferent and to the children #
procreated or to the procreated of our bodies equally #
amongst them share and share alike in fee But #
expressly excluding the jus mariti* of our respective #
husbands and declaring that the said sums should #
not be subject to their debts or deeds And also that #
the said sums should be [in full] to us the said #
Christian Beveridge and Janet Oliphant of all #
that we could ask claim or demand in and #
through the decease of our said father or in and #
through the decease of our said mother or of our #
Grandfather by the mother side in any manner #
of way And it is therby also declared that the said #
Trustees should be bound and obliged to divide #
the whole remaining part of the property heritable #
and moveable therby disponed amongst the other #
children procreated of the marriage betwext #
the said Henry Oliphant and the said Mrs Janet #
Hutchison his second spouse [..] Cecilia wife #
Alex’r Anderson Tenant in Chapel, Mary wife #
of Wm Thomson Blockmaker in Leith the said #
Rob’t Oliphant his eldest son and Alex’r, Henry, #
Wm & James Oliphant his other sons equally #
amongst them share and share alike, As the said #
[Trust] Disoposition and settlement containing

Page 3; page-3_edTranscription of page 3;

Procuratory of Resignation* and sundry other clauses #
and obligating in itself more fully hear and now #
seeing that the said Cecilia Anderson, Mary Thomson #
and Alex’r, Henry, Wm, & James Oliphant have made #
payment to each of us the said Christian Beveridge #
and Janet Oliphant of the sum of Two hundred #
and Twenty five Pounds Sterling making together #
the sum of Four hundred and Fifty Pounds Sterling #
in consideration of our granting these presents #
in manner underwritten of which sums we #
the said Christian Beveridge, George Beveridge #
Janet Oliphant & Oliphant for our respective #
rights and interests do hereby acknowledge the #
receipt renouncing all objections to the contrary #
Therefore we the said Christian Beveridge & #
Janet Oliphant with the special advice #
and consent of our said husbands and we #
the said George Beveridge and Rob’t Oliphant #
for ourselves and our own rights and interests #
and as taking upon us for our said respective #
spouses and all of us with one consent and #
assent do hereby not only Ratify and #
[approve] of the disposition and settlement #
before narrated [executed] by the said Henry #
Oliphant in the whole heads articles clauses #
tenor and contents of the same in so far as #
we are interested therein in any mannor of #
way but also we have Exonered & discharged #
as we do hereby for our several rights and #
interest foresaid exoner acquit and #
simpliciter* discharge the said Trustees #
and all others the heirs and representatives

Page 4; page-4_edTranscription of page 4;

of the said deceased Henry Oliphant of all claims #
and demands of every kind and description #
which we or any of us have or can pretend to #
have against the said deceased Henry Oliphant #
or against his estate heritable & moveable or #
the said Trustees or the Children above named #
of the said deceased Henry Oliphant or any others #
his heirs & representatives in any manner of #
way preceding the date hereof and particularly #
of all […] part of [year] legitim portion #
natural and share of [Executry] which we the #
said Christian Beveridge and Janet Oliphant #
or either of us can claim from them through #
the death of our said father, mother, or Grand- #
-father by the mother’s side respectively and of #
all action and execution competent or that #
may be competent – to us for the same saving #
always and excepting from these presents the #
foresaid provisions of Eight hundred Pounds #
Sterling settled upon us the Christian #
Beveridge and Janet Oliphant and our respective #
children by the Disposition and Deed of Settlement #
before narrated. And declaring that nothing #
herein contained shall be so [construed] as #
to extend to the said provisions in any manner #
of way. With and under which exception and #
declaration these presents are granted by us and #
shall be accepted by us & no otherwise which #
discharge above written we the said Christian #
Beveridge & Janet Oliphant with advice

Page 5 (inside cover); page-5_inside-coverTranscription of page 5;

and consent foresaid and we the said Geo Beveridge #
and Rob’t Oliphant for ourselves and our several #
rights and interests bind and oblige ourselves #
respectively our heirs executors and successors to #
warrant at all hands and against all [deadly] #
as law will. And all of us consent to the registra- #
-tion hereof in the books of Council & Session or #
any others competent therein to remain for #
preservation and that all necessary execution #
may [pass] upon in decree to be interponed #
hereto in common form for which purpose #
we constitue
Our [Prors]
In witness whereof these presents #
written upon this and the two preceding pages #
of paper legally stamped by John Lun, clerk #
to Henry Gordon Dickson writer to the signet #
are subscribed by all of us at Kirkcaldy the Twenty #
eighth day of February Eighteen hundred #
and Twenty one years before these witnesses #
Simon Dempter, merchant in Kirkcaldy and #
Alex’r Thomson, clerk to me the said Geo #
Beveridge

Simon Dempter, witness
Alex’r Thomson, witness

Christian Beveridge
George Beveridge
Janet Oliphant
Rob’t Oliphant

Notes on terms used in the text;

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