Category Archives: HUTCHISON


OLIPHANT papers – I, Robert OLIPHANT

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.

Closely connected to this document is Robert Oliphant’s “Trust Disposition and Settlement”.

OLIPHANT papers; envelope 2; document 5;

Front page; front pageTranscription of front page;

I Rob Oliphant, ship owner #
of Kirkcaldy, considering the un- #
-certainty of this Life & the propriety #
of settling my affairs so as to [prevent] #
dispute amongst my children #
after my death. Have valued all #
my Heritable & moveable property. #
which I hereby [Dispone] and Convey #
as follows first that my spouse #
Janet Oliphant [shall be] [liferented] #
in my [Heritable] property which #
[she is] […] in [this] 29 Dec 1825. & #
to [enjoy] all her [] lifetime & [to …] #
[rent] of [same]. also [the] [liferent] of #
[all] [my] [Household] furniture #
[silver] [plate] [x..] [x..]. also to be paid #
also a sum of £500 […] #
out of my [moveable] property [twenty] #
[appropriate] [for] [the] [purpose] –

Page 2; page-2Transcription of page 2;

pounds a year – every year during her #
life time – this annuity to be paid – The moveable property con- #
-sisting partly of [shipping] & money amounts #
to about Twenty eight hundred pounds #
I wish to be divided equally share & #
share alike amongst my children #
[…] Henry – William – Rob. – & George #
Christian – Mary & Janet Oliphant #
& should any of my sons wish to have #
their share on the shipping they may #
have it on my trustees [fixing] the value #
of [same] [at] the time [this] [takes] [place] – #
There is a sum of about Five hundred #
pounds [excluding] of the above £2800 for #
the twenty pounds a year for my wife #
Janet Oliphant

Page 3; page-3

Transcription of page 3;

[It is] [this] day [contracted] [&] formaly agreed on #
between Rob Oliphant shipowner in #
Kirkcaldy & His spouce Janet Oliphant #
who has at [present] [seven] Children alive #
(of their marriage which [took] place the #
5 Janu 1797) […] Henry, William, Rob, #
& George – sons Christian, Mary & Janet #
Oliphant. That in consideration of the [uncertainty] #
of this life & that no difference may [take] [place] #
[with] […] Children at either of our Deaths. #
we have this […] mutually valued our Property #
which is the whole Heritable & moveable #
amount to — £4800 – #

that Having [duly] [considered] [all] the [matter]. I [have] #
[life…]. my spouce Janet Oliphant in my #
Heritable property. [valued] at £1500 which #
she is […] [&] to [enjoy] Her life – also to [be] #
[paid] £400 – [all of] [my] moveable property which #
is to be [in] Her disposal [&] to be [divided] [on] her [death] #  
to my Children. equally […] […] […]

Page 4; page-4

Transcription of page 4;

[most] […] after the above […] [there] #
[will] remain about – £2800 – Which #
I [wish] to be [divided] amongst my […] #
Children when of age – & [at] the #
Death of their mother. [the] [heritable] #
Property [valued] [at] £1500 – [to be] #
divided equally – […] them to pay #
[each] of [their] [sisters] […] £200 #
[each] – [I] […] [this] […] [&] #
[…] [on] my trustees Mr John [Prack] #
G.Dougall – G.Oliphant – Hy.[Barker] #
[&] [my] [oldest] […] Hy.Oliphant

OLIPHANT papers – letter from Mr DOUGALL, to Betty 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 other documents (with notes) relating to George Dougall and Betty Baxter HERE and HERE.

OLIPHANT papers; envelope 2; document 4;

Cover; Miss Betty BaxterTranscription of cover;

Miss Betty Baxter

Mr Dougall
Betty Baxter

Letter; Inside letter to Betty BaxterTranscription of letter;

Kirkaldy, 27 Sept 1821
The [inclosed] is a copy of Deed of Settlement
in favor of my dear Eliza & in which I have also
made [provision] for you – the [original] [paper] is
inclosed in a tin box which is [left] [in] [possess-]
[-ion] of Mr Robert Oliphant and this copy was
with myself.
As this paper will only come to you
in the [event] of my death my request to you
is that you pay all the [care] & [attention] in
your [power] to my dear little darling Eliza
and let her want nothing that can tend to her
comfort while she is along with you
George Dougall

OLIPHANT papers – Memo re. Henry OLIPHANT, by his settlement

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

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This is one of several documents relating to the estate of Henry Oliphant.

OLIPHANT papers; envelope 2; document 3;


Transcription of memo;

[In] Henry Oliphant by his settlement directed #
his Trustees to [buy] out £800 [upon] good heritable or personal #
security for [behoof] of each of Mrs Beveridge & Mrs Rob’ #
Oliphant taking [bonds] for the same payable to each #
in life rent and to the Children [procreated] or to #
be [procreated] of their bodies equally amongst them #
share & share alike in fee exclude the fees […] #
of [mrs] Beveridge & [Mrs] Oliphant [..] #

My opinion is that the most simple and #
the best mode for the Trustees to carry the […] #
of the [trustee] into effect is that each of [Mrs] Beveridge & #
[Mrs] Oliphant should grant bonds either heritable #
Bonds or personal bonds with one or two responsible persons #
as sureties for the £800 these Bonds to be Conceived #
in the terms directed by the settlement; the Ladies #
with the consent of their husbands respectively #
beclaring that the security for the £800 [so] granted #
is accepted of in full of all they can ask or claim #
through their fathers decease or the decease of #
their mother or their Grandfather by the Mothers #
side in any manner of way.

The security ought to be such as the Trustees #
or any other prudent man [could] be inclined to #
accept of were it their own money they were #
laying out.

Signed, A Forsyth
Edinburgh, 3rd December 1821

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;


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

Transcription of cover;

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

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 #


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

(signed) George Barker


HUTCHISON family gathering – May 2015

During the May half-term week, 2015, the Hutchison family had a great time on our regular “big family holiday”. This has typically been held every two years in recent times. But this time was the second consecutive year that we’ve been to stay at a site in the Teifi Valley, south Wales (on the border between Carmarthenshire and Ceredigion). Finding places to stay that can accommodate such a large family group is very challenging, and this site fitted us very well.

The extended HUTCHISON family (4 generations) – whole group photo, dressed up as “pirates”, on the BIG family holiday, May 2015

The family group this time totaled 39 people; 4 generations; 27 adults, plus 2 teenagers, and 10 aged 10 or under. The young second cousins all had a great time running around together. A theme of “Pirates”  had been set for the week, and one evening we all dressed up for a “Pirate party” – partly as a birthday party for one of my cousins, who’s birthday it was that day, and also for the 4 other family members with birthdays in May. This is when we had a whole group photo.

During the week my gran gave little St John’s Gospels to various family members. These gospels are replicas of ones given to soldiers in the First World War, which were produced last year to mark the 100th anniversary of the war.

20150616_153923 20150616_153728 20150616_153832

These replica gospels were being given away through local churches and my gran had picked up 10 copies with the idea of giving one to each grandchild, with some details added about their Great-grandfathers who had served in the First World War. And she had tasked me with compiling those details to add to the gospels.

It was a challenge working out what to fit into such a small page space – the booklets are 11.5 cm (4 ½”) high x 7 cm (2 ¾”) wide! The details I was able to include – on a single extra page stuck inside the front of the booklets – were as follows;

  • William Oliphant HUTCHISON; b. 2/7/1889, Kirkcaldy, Fife. d. 5/2/1970, Kensington, London. Family were Corn Merchants in Kirkcaldy. He studied art at Edinburgh College of Art; 1909 – 1912. Served in the Royal Garrison Artillery during WW1, in Malta and in France, where he was severely wounded.
  • Ernest Garfield SWAIN; b. 20/8/1881, Leicester. d. 26/3/1968 (aged 86). Shoe and boot maker “E.G.Swain & Co.”, then Wholesale Confectionary for Clarnico & Co. Enlisted in the Leicester Regiment (TA) circa 1915. Appointed an officer; Second Lieutenant, Territorial Force, 4th Battalion (1/4th Battalion) The Leicestershire Regiment, on 21/11/1915. Deployed to France, where he suffered shrapnel injuries to his left leg and eye.

20150616_153613 20150616_153713 20150616_153753

Currently we’re not sure of the whereabouts of any of the medals that either of these two Great-grandfathers had (possibly somewhere in the wider families)! But I’ve had a search of the British Army medal index cards, on-line at the National Archives (UK), where I believe I’ve identified both their records, which I could order digital images of to gain some more details of their war service.

OLIPHANT papers – Mr BAXTER, Gray Street, Newington, 1825

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.

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To give a little background context to this document, the information that I have is that a George DOUGAL (or DUGAL) married Agnes BARKER in 1762, and I have note of them having 3 sons. Agnes BARKER had 2 sisters (Mary and Christian), who married brothers from the OLIPHANT family – both of whom are my direct ancestors.

EDIT; At first glance I took the surname to which this letter is addressed, to be “BARKER”! But having transcribed it, then looked closer at what it says, and done a little digging into other records, I’ve found that George DOUGAL and Agnes BARKER’s oldest son (also ‘George’), had a daughter (Elizabeth, chr.30/7/1819 at St Cuthberts, Edinburgh) outside of marrage, with an Elizabeth BAXTER. So this letter (and 2 other documents HERE and HERE) appear to relate to the custody of that child.

OLIPHANT papers; envelope 1; document 9;

Cover – address; cover_address

Transcription of cover – address;

Mr Baxter # Gray Street # Newington

inside – left page; inside-left

Transcription of inside – left page;

Edin. 17 Dec 1824. The Lords having corse #
[dered] [the] [mutual] memorials & whole [cause] #
before answer appoint the [trustees] of the #
said George DOUGALL to lodge a [con…] [.] #
[stating] [what] [sum] they propose to pay to the #
[pursuer] Elizabeth BAXTER in name of [Alim.] #
for Elizabeth DOUGALL in case she shall #
[persist] in [claiming] the custody of her the #
[con…] to be [prented] & […] on or #
before the […] day in the [needs] under an #
[amend] of Ten pounds sterling –

inside – right page; inside-right

Transcription of inside – right page;

Edin. 5 July 1825.
The Lords having resumed consideration of this #
cause and advised the [mutual] memorials for the #
parties with the [condescendance] for Mr DOUGALLs Trustees #
Defenders and the answers thereto for Mrs Elizabeth #
BAXTER [pursuer] they find the said Trustees Defenders #
liable to [furnish] to the pursuer as aliment for his [daughter] #
the yearly sum of One hundred & Fifty pounds stirling [&] #
that from George DOUGALLs death 26th August 1823 to #
be paid to her in advance and by half yearly payments #
as also in the yearly sum of Forty pounds sterling for the #
[rents] of a house and that by half yearly payments #
as also in the yearly sum of £40 sterling for the [rents] #
~~~ house and that by half yearly payments & [de~~~] #
~~~. Find the Trustees liable to the [pur…] #
in expences appoints an account to be given [in] #
and [comit] it when lodged to the auditor to [take] #
and report and [find] that all the expences [incurred] #
in the [discussion] are to be paid out of and charged #
by the Trustees against the Trust funds and also [find] #
the said [defenders] liable in such reasonable [forms] #
of expence as may be necessarily laid out or incurred #
in the education of the said Elizabeth BAXTER such sums #
to be paid on a regular account with sufficient vouchers #
being [exhibited] and that half yearly and […]. #
two words delete #
signed 8[th] July – [C] Hope [J.P.D.]

Back page; back

Transcription of back page;

Mr A Scott with Comp~ to MRS BAXTER begs to #
enclose copies of the Interlocutors [pronounced] by the #
court & signed ^ today in the [process] between her and Mr Dougall’s #
Trustees, – and to congratulate her upon the success- #
-ful termination of this cause. – [Mr.] will call upon #
[Mrs] B. some day soon.

17 George Street #
8 July 1825

Notes on terms used in the text;

OLIPHANT papers – Mr Hy. OLIPHANT Estate

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

OLIPHANT papers; envelope 1; document 8;

Front page; Mr-Hy-Oliphant_estate

Transcription of front page;

Mr H[enr]y. OLIPHANT Estate,
Heritable Property – £3100 –
. Shipping    –   4150 –
. cash    –   3168 –
[supposed dividend on …]    –    300 –
10,718 –

[Deduct …] of An[n]uity of           .
£120 [a] year for Mrs. O […]           .
[…] 10 [years] [purchase] […] 1200
amongst […] 9 children – 1057 [each]

 […] […] [of] [the] […] [support] [to] […] – £10,700 –
off the whole Heritable property £3100
Mr O [annuity] of £80 [a year] – 800


[lain] of the children of the first wife
[…] the father [at] his […] […] […]
only […] […] £600 –

– 820 –

[To] [each] of the eight children in the [way] […]
[first] [wife] [..] get cash – £747
[of] [the] half of [the] [sum] [of] £820 – 820


Back page; back-of_Hy-Oliphant_estate

Transcription of back page;

Should the [Heir] […] [the] [Heritable] [property] # [he] [must] – [….] [for] [the] […]

[Supposing] [this] […] […] (law) [the] [day] […] [by] […] # […] […] […]

OLIPHANT papers – Trust Disposition and Settlement by Robert OLIPHANT

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.

The “Robert OLIPHANT” who is writing here, and his wife Janet OLIPHANT, are my 4x gt-grandparents. Their daughter, Mary, married Robert HUTCHISON.

There is a closely connected document, by Robert Oliphant, HERE.

OLIPHANT papers; envelope 1; document 7;

Cover; cover2

Transcription of cover;

Trust Disposition and Settlement by Rob[ert] OLIPHANT, in favour of …

Page 1; R-Oliphant_dispo_page1_ed

Transcription of page 1;

Know all Men by these Presents that I # Robert Oliphant, shipowner in Kirkcaldy considering the # uncertainty of this life and the propriety of settling my # affairs so as to prevent disputes at my death amongst my # children have [resolved] to grant these [presents] in [manner] # under written. Therefore and for the love favour and # affection which I have and [bean] to my children [afternamed] # and designed and in consideration of the confidence # which I have in the Trustees after named and designed # I have given Granted and disponed like as I hereby with # and under the provisions and declarations after expressed # hereby give grant dispone assign and convey to and in # Favour of […] John Pratt, manufacturer, [Links], Alex[ander] Forsyth, # writer, Edinburgh, Geo[rge] Beveridge, [wood] merchant, Geo[rge] Oliphant, shipowner, [&] # Wm (William) Williamson ship[…]. and to such other person or persons as they shall # assume into this Trust in [virtue] of the powers herein # after committed to them and to the survivors or # survivor of them accepting the major part of them # alive and accepting being always a quorum. But # declaring that the said Trustees shall act jointly so # long as no other person is assumed into this Trust # as Trustees for the ends uses and purposes aftermentioned. #

All […] and heritages now belonging or which shall # hereafter belong to me with the […] […] and # evidences there of conceived in favour of me, my authors, # and predecessors and all that has followed or is [competent] # to follow thereon; As also all debts and sums of money # due and owing to me or which may be resting [owing] # to me at the time of my decease by bond, bill or # in any other manner of way with the [whole] vouchers # and instructions thereof and all that has or can follow # thereon with my whole shipping and moveable # property of whatever description the same may be # and particularly without prejudice to the foresaid # generality. All and Haill these Tenements of land # with houses and buildings erected thereon as […] # occupied ~

Page 2;  R-Oliphant_dispo_page2_ed

Transcription of page 2;

occupied by myself Bounded with the high street # on the South, the lands which belonged to Baillie # James Williamson thereafter to Alexander Gray on # the west, the lands formerly pertaining to the Sailors # Poor Box of Kirkaldy on the East and North parts # thereof. Also all and Haill these Roads of land # lying within the burgh of Kirkcaldy and parish thereof # now occupied by myself Bounded with the lands # belonging to Alex[ander] Ingrams heirs on the east, the # lands of David Landale on the West, St Mary’s # Well on the North, and the yard belonging to George # Davie and a yard formerly belonging to Mr Ferguson # of Raith now to myself [per] Desposition dated the # Twenty ninth day of October, Eighteen hundred and # twenty four, on the South parts thereof. Also all # and Haill that piece of enclosed ground commonly # called the coal yard, Bounded by the highstreet # on the south, the Roads of land afore mentioned # belonging to myself on the North, David # Landale’s property on the west and George # Davies property on the east parts thereof # acquired by me from Robert Ferguson Esq of Raith # and now occupied by myself. Also my right # of that entry leading to David Landale’s property # and my own which is mutual per his # letter dated the fourteenth January, Eighteen # hundred and Seventeen, Together with # all right Title and interest claim of # right property and [possession] which I my # authors and predecessors, heirs and successors # had have or any ways can have claim # or [pretend] to the said several subjects # and …

Page 3;  R-Oliphant_dispo_page3_ed

Transcription of page 3;

… and others in time coming But always with # and under the [burden] of the life rent right # use and [possession] to Janet Oliphant my wife of that # part of the said subjects in which she stands in [left] # in life rent conform to Instrument of Seisin [&] dated # the twenty ninth and recorded in the Burgh # Records of Kirkcaldy the Thirty first day of # December, Eighteen hundred and Twenty # one years. Declaring as it hereby expressly # provided for and declared that my said trustees # shall [be] [bound] as by [acceptation] here of they # bind and oblige themselves within Six # months after my youngest son shall be a # Major or … … years of age to divide my # whole property, heritable and moveable # hereby disponed amongst my children # [viz] the said Henry Oliphant my eldest son # William, Robert, and George Oliphant my # other sons and Mary and Janet Oliphant # my daughters amongst them share and # share alike equally and in the event of # my said children differing about the division # [so] to be made. Then and in that case my # said Trustees shall sell and dispose of # my whole heritable and moveable property # and divide its free proceeds among my said # children in like manner after deduction of # all necessary expences and in the event of any # of my said children [predeceasing] me their # nearest and lawfull heirs and assignees # shall succeed to the share or shares of my said # property which would otherwise have # […] upon them. And also declaring # that my said children shall pay the said # Janet Oliphant – their mother a [fee] # yearly …

Page 4;  R-Oliphant_dispo_page4_ed

Transcription of page 4;

… yearly annuity of £150 Pounds Stirling per annum # during all the days of her lifetime by equal portions # and shall secure the same heritably if required # by her so to do and over and above the life rent of the # subject in which she is already [in.e.t] as aforesaid # and the life rent of my whole household furniture # Books bed and table linen and household # [furnishing] which shall pertain to me at the time # of my decease begining the first terms payment # thereof at the first [term] of Martinmas or Whitsunday # after my decease for the [forsaid] [betwext] my death and # that term and the next terms payment thereof at # Martinmas or Whitsunday thereafter for the half # year preceding with the legal [interest] thereof # and a fifth part more of each terms payment of # liquidate penalty in case of failure and so on half # yearly [during] all the years of the said Janet Oliphant’s life # time. And moreover I hereby empower my trustees # or the survivors or survivor of them or quorum of them # to sell and dispone of the whole or any part # of the subjects as [shall] heritable as moveable # hereby conveyed to them and that either by # private sale or public sale and for that purpose # to execute articles of [route] or minutes of private # sale and thereafter to make grant subscribe # and deliver dispositions and convey [all …] to the # purchaser or purchasers and other writs # necessary containing all usual and necessary # clauses [binding] me, my heirs and successors in # absolute [ dice] of [such] sales as also to # take and receive from such purchaser or purchasers # such securities for payment of the price or prices # and to appoint such terms of payment thereof # as they shall think proper and to uplift and # discharge the said prices or produce of my said # effects …

Page 5;  R-Oliphant_dispo_page5_ed

Transcription of page 5;

… effects Declaring that the purchasers shall be no […] # concerned with the application of the prices that be # fully [exonered] by the simple discharge of my said # Trustees and I hereby authorise and empower my # said Trustees or survivors or survivor or quorum of # them to assume any person or persons as Trustees to # be joined with themselves in the management # of the affairs hereby committed to their care Declaring # that the said Trustees so to be assumed shall have the # same powers and privileges vested in them as are hereby # vested in the Trustees before named. Further I hereby # nominate and appoint the said Trustees my sale # executors and universal […tors] and [intromittors] # with my effects [debarring] all others there from And # Lastly I hereby declare that my said Trustees shall # not be liable for omissions but each for his own # actual intromissions only In which heritable # objects above conveyed I bind and oblige # myself and foresaids to Infeft and seise the said # Trustees and the survivors of survivor of them or their # assignees and that by Resignation as aforementioned # and for that purpose I hereby make and Constitute #

and each of them jointly and [severally] any lawful # and irrevocable procurators for me and in my name # to compear before the Provost or anyone of the Bailies # of the Burgh of Kirkaldy for the time being and [those] # with all due reverence and humility by staff and # Batton as use is to Resign and Surrender like [as] # I hereby resign and surrender up give over give and # deliver – All and Haill the foresaid [tenements] # of land and others laying within the Burgh # of Kirkaldy and [particularly] above described # In the hands of the said Provost or any one of the said # Baillies as in the hands of his Majesty immediate # lawful …

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Transcription of page 6;

… lawful [superior] there of. In favour and for [new] # [inseston..t] of the same to be made given and granted # to my said Trustees or to the survivors or survivor of them # or their assignees heritably and [irredeemably] in such # and competent form as effeirs But in Trust # a [livays] and with and under the declarations and prove- # -sions and for the ends uses and purposes herein mentioned.

Acts Instruments and Documents in the premises # to ask and take and [generally] every other thing […] # the same to do that I could do myself if personally # present or which [to] the of procuratory in such # cases is known to belong and pertain [promitten] [derato] # which tenements of land and others above disponed # with this right and disposition thereto and [Ins.stments] # to follow [here on] I Bind myself and foresaids to # [warrant] to my said Disponees and their foresaids at # all hands and against all mortals Moreover I # hereby assign any said Disponees and their foresaids # In and to the Rents [Maills] and Duties of the # said subjects from and after the time of my decease # and [voidents] rights titles and securities of the said # subjects with all that has [followed] or is [com-] # [-petent] to follow thereupon for ever which # assignation above written I Bind and oblige # myself and foresaids to [warrant] to my said # Disponees and their foresaids In so far as # concerns the rents from fact and deed only. # [Reserving] a [livays] my liferent right use # and possession of the whole property heritable # and moveable hereby conveyed with power # to alter innovate or cancel these presents # in whole or in part at any time I shall # think proper  And declaring…

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Transcription of page 7;

that any of my Children above named [giving] to # law or endeavouring to set aside or reduce # these presents upon any grounds or pretence # whatever shall be cut off with Five pounds # Sterling which my said Trustees are # hereby instructed to pay over to him her or # them in full of all they can ask or claim in # and through my [decease] Consenting to # the registration here of in the Books of Council # Session or other competent for preservation # and thereto Constitute my procurators.

In [witness] whereof these presents written upon # this and the six preceding pages of paper # by my son the said Henry Oliphant are # subscribed by me at Kirkcaldy this …

Some notes on terms used in the text;

OLIPHANT papers – Note of A. ANDERSON at the Glasgow Bank

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.

PDF-logo Attached is a .pdf of the Descendants of Henry OLIPHANT (b. 1741), which I hope helps to explain the relationships in the document below.

George BEVERIDGE, Robert OLIPHANT, William THOMSON, and Alexander ANDERSON, were all sons-in-law of Henry OLIPHANT. Robert was also Henry’s nephew.

Robert OLIPHANT (Jr), Henry, William and James OLIPHANT, were the surviving sons of Henry OLIPHANT, by his second wife, Janet HUTCHISON (or HUTCHESON).

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

OLIPHANT papers; envelope 1; document 6;

Cover;  note-cover

Inside; note-inside


Note of Mr A. Anderson […] at Glasgow Bank
1827 – May 1st; Principal sum due at Bank […] Note ; £1045 –  2s – 8d ;  —- . —- . —-
Interest calculated up to 15 May ; £45 – 13s – 4d ;  —- . —- . —-
—————- ; ——————
£1090 – 16s – -d ;  —- . —- . —-
one half of which is ; —- . —- . —- ; £545 – 8s – -d

Mr Geo[rge] Beveridge’s one eighth prop[ortion] ; £ 68 – 3s – 6d ;  —- . —- . —-
Rob[ert] Oliphant’s —-“—- —-“—- —–“—– ; £ 68 – 3s – 6d ;  —- . —- . —-
Mr Thomson’s  proportion  ; £ 81 – 16s – 2 7/8d ;  —- . —- . —-
Rt. (Robert) Oliphant [Jr]’s  ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Henry Oliphant’s heir’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Wm. (William) Oliphant’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Ja. (James) Oliphant’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
================ ; —————–
; £545 – 8s – -d

Mr Ferguson gave up to Mr Anderson the [composition] of £3/6 […]
upon this one half of the cash acc[ount] but […] it [and] upon the
understanding that his friends would do the same in order to
benefit his family. Rob[ert] and Wm. (William) Oliphant have no [obligations]
as to this altho they will be under the [necesity] of [paying] Mr Thomson’s
proportion without the [smallest] chance of [over] […] [back]
a farthing as he [has] [not] the means Mr […] [states] that
Mr Ferguson would be ready with his half at [Whit sunday]
and it is […] able that a settlement should be made
finally at that [point] as in the [care] of his death [are]
Bank[…] [happening] amongst the [parties] it [will]
become much [harder] generally – The allocating of the
[composition] […] […] it is [de…able] to […] […]
it will be allo[acted] –

OLIPHANT papers – “Dear Brother” letter

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.

OLIPHANT papers; envelope 1; document 5;

This is a short letter, with no date, on one side of a single side of paper, thought I suspect that there may have been more to the letter on additional sheets which are missing!

Letter; 5_Dear-Brother_letter


Dear Brother
I have read your letter of the 2nd [inst]
which I have [shown] to [our sister] Mrs
Oliphant and she & I have [consulted] with
our husbands on the subject […].

Me certainly thinks that the [sums]
[destine] for [me] by [our] father’s settlement
are [much] [less] than [we] were entitled
to [expect]. And therefore [before] dealing
[out] [r……] whether we will […]
[approve] [of] them, we are advised that
it [will] be [proper for] us to see a state
of [our] father’s affairs [as] they stood
at our mother’s death and [……]
at his own death. This state we
request you will have the goodness
to make up as accurately as you can
and [furnish] us with your earliest
convienience. Mr Oliphant, who
joins me in best wishes yo you, sees &
approves of this letter as […] […]
[sent…] as well as those of [……]