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; Transcription 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; Transcription 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;

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;

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 – 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.

Please click on the images to see the scans at full resolution.

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;

Transcription of cover – address;

Mr Baxter # Gray Street # Newington

inside – left page;

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;

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;

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;

• Aliment (Wikipedia)
• Interlocutor (Wikipedia); an order of any Scottish Court.