Tag Archives: Barker

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

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 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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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

.

OLIPHANT papers – Betty or Elizabeth 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 more, closely connected documents (with additional notes) HERE and HERE.

OLIPHANT papers; envelope 1; document 10;

Cover; cover_Betty-Elizabeth

Transcription of cover;

Betty [or] Elizabeth BAXER

Inside – attached certificate; inside_attached-cert

Transcription of attached certificate;

I X Robert Jameson {x Allan Grant}, Messenger at Arms, by virtue of letters in supplement of the # Sheriff Depute of the Shire of Fife his Precept # [interponed] to the [summonds] therein mentioned # [where]of the foregoing is a full double to the will /- # which […] [there] are … # dated and signeted the twenty second day of December [barrent**] # at the instance of Robert Oliphant shipowner in Kirkaldy, Mrs # Janet Oliphant his wife, John Spittall merchant # in Kirkaldy and Alexander Forsyth writer in Edinburgh # tutors & curators nominated & appointed by the lately # deceased George Dougall Esq of Kirkcaldy to his infant # daughter Elizabeth Dougall during her minority [complainers] # in his Majesty’s name and authority, summon, warn, and charge you Betty or Elizabeth # Baxter mother of the said pupil #

to compear before the said Sheriff Depute or his substitutes at # Cupar #

within the ordinary court-place where they are in use to sit for the administration of justice, the # […] day of […] in the hour of cause, with continuation of # days, to answer at the instance of the said complainers in the matter and to the effect mentioned # in the said letters, with certification as effeirs. This I do, upon the twenty third day of # December One thousand eight hundred and twenty three years, before these witnesses, # Peter M’Niven, William Butter, George Dippie, James Thain, Charles Wilson, [William Forrest], # [Kenneth Morison], – indwellers in Edinburgh. # Rob Jameson

Inside – side 1; inside_side1_ed

Transcription of side 1;

Andrew Clephane Esq advocate Sheriff #
Depute of the Shire of Fife to #
[Maids] of officers of the said Shire #
[conly] and [seally] specially constituted #
Greeting Whereas it is humbly meant #
& [shewn] to me and my substitute #
by Robert Oliphant shipowner in #
Kirkaldy, Mrs Janet Oliphant #
his wife, John Spittal merchant #
in Kirkaldy and Alex Forsyth writer #
in Edinburgh  Tutors & curators nominated #
and appointed by the lately deceased #
George Dougall Esq of Kirkaldy to his #
infant Daughter, Elizabeth Dougall #
[conform] to Deed of conveyance #
executed by him [upon] the #
12th Oct 1820 & recorded in the Books of #
Council & session, as a probative writ, the #
5th of September 1823 whereby for the #
causes therein mentioned he the said #
George Dougall gave granted assigned #
and conveyed to & in favor of John #
Pratt manufacturer in Linktown #
of Kirkaldy (who declined to accept) – #
Alex Forsyth writer in Edinburgh, John #
Spittal, merch[ant] in Kirkaldy & #
Robert Oliphant shipowner there #
and the [acceptors] & [acceptors] of #
them & the [survivors] or survivor #
of those who might accept all #
& sundry his whole moveable #
Estate and Effects [Debts] & sums #
of money as therein mentioned #
to be held by his [said] trustees #
for the behoof* of the said Elizabeth #
Dougall his daughter during her #
minority, as in manner therein #
mentioned

Inside – side 2; inside_side2-reverse_ed

Transcription of side 2;

mentioned, and also [he] [herely] con-#
-stituted & appointed the said #
John Pratt who declines accepting #
and the said Alex Forsyth, John #
Spittal and Robert Oliphant; #
and also the said Mrs Janet #
Oliphant and such of [these] #
as should accept & the survivors #
& successor of them, to be the tutors #
& [educators] to his said Daughter; #
as the said deed of conveyance #
here [with] [produced] more #
fully leaves; And it being #
incumbent upon the [com-#
-planers] to give up [inventorie] #
of the said Elizabeth Dougall’s #
means and Estate as prescribed #
by act of Parliament anno 1672 #
Entitled “Act Anent Pupils #
“and Minors and their Tutors #
“and Curators” It is necessary #
thereto that the persons #
after named & designed #
nearest in kin to the said #
pupil on the father’s side #
and mother’s side [be] #
lawfully summoned #
to [con…] with the #
complaniers as tutors #
and curators forsaid #
in making up the said #
[Inventories] [Heerefore] it is #
my Will [x.. x..]

Notes on terms used in the text;

  • “Messenger at Arms” (Wikipedia). [Although I could not decipher the surname of “Robert Jameson” from this document, a bit of web-searching for “”Messenger at Arms” “Edinburgh”” revealed records for Robert Jameson, HERE, and for the death of Allan Grant (who’s name is crossed out) on 1st January 1824. HERE ]
  • “Sheriff Depute” (Wikipedia)
  • “barrent” (Wikipedia); third-person plural.
  • “behoof” (Wikipedia); meaning ‘benefit’ / ‘advantage’.

I’ll try to add a brief family tree to explain some of the people and relationships contained in this document.

George BARKER, b. 1704, married Christian BELL (or BETT) in 1732, and they had 3 daughters;

  • Mary BARKER, b. 1733, m. 1763 to William OLIPHANT (b. 1728).
  • Agnes BARKER, b. 1736, m. 1762 to George DOUGALL [1].
  • Christian BARKER, b. 1741, m. 1766 to Henry OLIPHANT (b. 1741).

Mary BARKER and William OLIPHANT had 5 children, including Robert OLIPHANT, b. 1765 (who is named in the document above)

Christian BARKER and Henry OLIPHANT had 4 children, including Janet OLIPHANT, b. 1777 (named in the document above, and who was married to her cousin Robert).

Agnes BARKER and George DOUGALL [1] had 3 sons, including George DOUGALL [2], b. 1763, who is the “father” named in this document.

A search of the IGI suggests that Elizabeth DOUGALL (the “daughter” named in this document), was christened. 30/7/1819, at St Cuthberts, Edinburgh, to George DOUGALL and an Elizabeth BAXTERS. [IGI batch no; C11987-7, Microfilm; 1066756  103059]

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; 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 – Disposition of George BARKER; to 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 Settlement (of the same date) is HERE.

OLIPHANT papers; envelope 1; document 2;

Cover; G-Barker_cover

Transcription of cover;

Disposition – George Barker – to His Children, 1784.

8th Oct 1789 [pro’] [registrate] – […] Robert Philp & – John Malcolm Baillies – David Anderson procurator

Booked

Page 1; G-Barker_page1

Transcription of page 1;

Know all men by these presents 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 heritable subjects I hereby give grant & dispone to and in favours of George Thomas & David Dougall law- ful children procreate betw[.] the deceast George Dougall Shipmaster in Kirkcaldy and Agnes Barker his spouse my daughter also deceast equally among them and their heirs and assignees heritably & irredeemably all and [H]aill that tenement of land and yard there to belonging lately purchased by me from William Oliphant lying within the burgh of Kirkcaldy at the head of the new harbour and on the south side of the high street bounded betw[..] the lands of the heirs of Walter McRay on the east, the lands of the heirs of William Gray on the west, the sea flood on the south and the said high street on the north parts as also all and [H]aill that tenement of land purchased by me from Francis Beveridge laying in the said town of Kirkcaldy in the pans there of on the south side of the street bounded with the high street and void ground on the east and west, the sea flood on the south and the high street on the north parts thereof, as also my just and equal half of all an[d] [H]aill that tenement of land yard and pertinents acquired by my decease[ed brother and me from Elizabeth Barker lying in the town of Kirkcaldy in the [hans] thereof and north side of the street bounded with the tenement of Thomas Brown’s heirs on the west, the tenement of David La[ui]gs heirs on the east, the [Imutow] lands on the north and high street on the south parts and also all and [H]aill that peice of void ground purchased by me from Margaret Beuters spouse to Theodore Lyall weaver in Kirkcaldy upon which I have since built houses lying in the said town of Kirkcaldy on the south side of the street bounded with void ground on the east, the sea flood on the south, a [vennal] on the west, and high street on the north parts. And I give grant and disponer to and in favours of Christian, Robert, George & Mary Oliphant lawful children procreate bet[..] William Oliphant shipmaster in Kirkcaldy & Mary Barker my daughter his spouse both now deceast equally among them and their heirs and assignees heritably and irredeemably the just and equal [E]aster half of all and [H]aill that larger tenement of land high and laigh back and fore lying in the said town of Kirkcaldy on the south side of the street purchased by me from Mr Patrick Ross bounded by the house of James Meldroms heirs on the west, an common vennal on the east, the sea flood on …

Page 2; G-Barker_page2

Transcription of page 2;

… on the south & high street on the north parts as also the just and equal half of my just and equal half of all and [H]aill these two tenements of land of a long time ruinous with inner and outer yards all now turned into one entire yard inclosed on all sides and having a south dyke in place of the fare wall of the ruinous tenements being purchased from John Paterson of Kirkcaldy by my brother John and me lying in the said town of Kirkcaldy on the north side of the street bounded with the tenement & yard of Provost Kays heirs on the east, the lands of the Prime Gilt box on the west, [Initow] lands on the north and the high street on the south parts. And I give grant and dispone to and in favours of Christian & Janet Oliphant lawful children procreate bet[..] Henry Oliphant shipmaster in Kirkcaldy and the now deceast Christian Barker his spouse my third and youngest daughter and their heirs and assignees heritably and irredeemably the just and equal wester half of all and [H]aill the said larger tenement of land high and laigh back and fore lying and bounded as said is as also the other just and equal half of my just and equal half of all & [H]aill the sail two tenements of land now ruinous & inner and outer yards all now turned into one yard lying & bounded as said is. In the which several subjects above dispoued I bind and oblige me my heirs and successors to infeft and [s]eige my said grandchildren [m]ore saids for their differ- ent interests upon their own expences and that by resignation as after mentioned to be holden in free burgage Royal for payment of the burrow maills & service of burgh used and wout and for accomplishing of the said infeftment I hereby make & constitute

and each

of them jointly and severally my procurators for me and in my name purely and simply by staff & bastone to resign like as I hereby resign surrender and deliver the whole of the foregoing different & respective subjects all lying and bounded in manners above written which are here held as repeated in the hands of the Provost or any one of the Baillies of Kirkcaldy as in the hands of his majesty immediate lawful superior thereof in favors and for new infeftment of the same to be made given & granted to my said several grandchildren above named & their forsaids according to their several interests & proportions above specified which are also here held as repeated and that in such due and competent form as [effeirs] acts instruments and documents one or more in the pre[..]ifses to ask lift and raise & generally every other thing …

Page 3;  G-Barker_page3

Transcription of page 3;

… thing thereanent to do that I could do myself being personally present on which to the office of procuratory in such cases is known by law to appertain from ittew derate In like manner I hereby assign and make over to & in favors of my several grandchildren above named and their foresaids not only the whole rents mails and dutys that shall be due & resting at my death of the several subjects hereby disponed to them in manner above specified But also the respective writes & evident of & concerning the said subjects disponed and whole clauses therein contained with all that has followed or may follow on these writes surrogating & substituting my said several grandchildren & their foresaids in my full right title & place of the [premises] with power on my death to intro[milt] with uplift & discharge their rents & duties of the said several subjects above disponed & assigned [pursue] therefore as well as for implement & recovery of the said writes as accor[.] and in general to do every other thing there [a neut] as effectually as I could have done before granting these presents Reserving always to me not only my liferent of the whole subjects hereby disponed But also full power over the same and to do therewith as fully & effectually as if these presents had never been granted Dispensing with the not delivery of these presents in my own lifetime and declare the same a sufficient evident altho’ found lying by me or in the custody of any neutral person at my death any law or practice to the contrary notwithstanding and I hereby appoint the said Henry Oliphant to be tutor & [beurator] not only to his own children but also to the said children of his brother William for managing the subjects hereby disponed to them Declaring that he shall not be liable for omifsions but only for his actual intromission… Consenting to the Registration hereof in the Books of Councill & …. Burrow Court Books of Kirkcaldy or others competent for preservation and thereto constitutes

My Procurators In witness whereof these presents… consisting of this & the three preceeding pages of stamped paper (writte… by John Barker apprentice to William Drysdale Clerk of Kirkcaldy) are subscribed by me at Kirkcaldy the Eight day of # May One thousand seven hundred & Eighty four years Before # these witnesses; William Michie, taylor in Kirkcaldy, and the # said William Drysdale and John Barker ~

(signed) Wille: Drysdale, witness
(signed) William Michie, witness
(signed) John Barker, witness

(signed) George Barker

 

OLIPHANT papers – document by John PEAL, Edinburgh, 6th April 1799

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.

George Beveridge (to whom the original copy of this letter was addressed) was married to Christian Oliphant (b.1770), who was the oldest child of Henry Oliphant (b.1741) and Christian Barker (b.abt.1741, d.1777). After Christian Barker’s death, Henry Oliphant remarried, to Janet Hutchison, and they had several children. This document appears to be advice on how Henry Oliphant’s estate should be shared between the children of his 2 marriages. See the “Henry Oliphant estate” tag for all the documents relating to his estate.

OLIPHANT papers; envelope 1; document 1;

Cover;  cover_Jn-Peal_Apr1799
Transcription of cover;

[Law Opinion]; by Jn Peal; Edin[burgh] 6th April 1799

Enclosed letter by John PEAL;  cover-letter_Apr1799

Transcription of letter;

Copy of a letter addressed to Mr George [Beveridge] in which the [following] was inclosed. 

——————————————–

Edin[burgh] , 6th April 1789

Dear Sir,
~   I duly received your’s of the 3rd [Mar]
and feel obliged to you for the [good] opinion you
[entertain] of me which I shall study to [deserve].

~   The regular way for your friend would have
been to apply for the [opinion] of Council on points of
Law that being their special [promice] – I have [however]
as you [desire] stated what [occurs] to me upon [the]
[business] which may perhaps satisfy your friend
in the matters he wishes to [be] [informed] of ~

~   In place however of [trusting] to [speculative]
[points] of law I should advise [your] friend to two things
first to [procure] a settlement with the children of the
first marriage for their mothers [executory] and get
their discharge otherwise I can forsee that one day
or other it will come to a [bond] of contention and produce
much family uneasiness. In the [next] place I should
advise him to execute a [rational] settlement of both his
heritable and moveable property in such manner as
he thinks fair & just. But if he consults his families
interest he will not attempt to [frame] any deed
himself otherwise he may lay the foundation of a
law plea which deeds executed by [ignorant] people
[seldom] fail to produce ~ if you or he choose to
make a [step] over I shall [converse] with you on the
business [at] large when more can be done in an
hour than by a long correspondence

[I remain]
[your …]
Dear Sir
John Peal

Page 1;  page-1_ed

Transcription of page 1;

1
In the state [of] the family as represented the # father has children by two marriages – his property # consists partly [of] heritable [&] partly of moveable subjects # and he has [entered] into no contract of marriage with # either of his wives.

The rule of succession if # left to the [operation] of law [stands] thus – on the # death of his first wife the moveable property # divided into three parts – two parts remain with the father during his life the remaining third # part fell to the children of the marriage # equally – as the nearest of kin to the mother # and if these children are of age they could # insist against the father for immediate # payment of this third share – it will be # [adverted] that it is the free produce after # all [debts] are deducted – the father can’t deprive # his children of this legal right by any subsequent # deed or testament he may make if they should # find it for their interest to insist upon such # legal right.

Should the father die intestate # the eldest son [whether] of the first or second # marriage or in the case of his predeceasing his …

Page 2;  page-2_ed

Transcription of page 2;

2
… his father leaving children his heir will take # the heritable property; or [if] the heir finds it more # for his interest he may [call..] with the younger # children that is put the [whole] heritable and # moveable property together [and] take an equal # share with the other children.

The Fathers moveable property # will divide into three parts the widow will take # One Third the Children of both mariages take # another third as nearest [of] kin and they also # take the remaining third being the [deads] part # It will be noticed that the Children of the first # marriage have the right formerly mentioned as # Flowing for their deceased mother over and above # their equal share on the fathers death.

There is nothing to prevent the # father from leaving his heritable property by # regular deed executed while in health and of a # sound mind in any manner he pleases. But a # deed of that nature executed after having contracted # or […ing] under the desease of which he dies ~ # should he die within sixty days of executing the # deed without being at Kirk or Market is liable # to be reduced at the instance of the heir [at] Law.

The Father may also settle his # Moveable property by Testament at any time …

Page 3;  page-3_ed

Transcription of page 3;

3
… in his life to a certain extent at least but he # cannot as before noticed affect the right of the # Children of the first marriage of their mother’s # share nor can he affect his widows right to # a third of the moveables nor the portion # called legitim falling to his children In # short he can only properly test upon a # third of the moveables or the dead’s part.

This seems to answer all the # questions put except whether a holograph # Will or Testament is good whether [we are] on # Stamp paper or not – There is no doubt # that a deed [strictly] of a Testamentary nature # may be good though wrote upon unstamped # paper but a very little difference in words # will take a deed out of that line when # it would not be good [write] stamped # which might require a heavy penalty # It is therefore highly imprudent to run the risk.

I holograph Deed is certainly # good but attended with this disadvantage # that without witnesses it does not prove # its own date, which in some cases might # come to be a serious inconveniency.

It may be proper to notice further …

Page 4;  page-4

Transcription of page 4;

4
… further that in the division of moveables the # widow has no share where the money is lent # out upon a Bond bearing interest nor had # the deceased wife any right which she could # transmit to her Children in Bonds belonging # to the husband where from the conception # of them executors were [secluded] which # is sometimes the case nor will the younger # Children have any right to such Bonds # they will go to the heir if the Father dies # intestate. But upon these he may dispose # as pleases during his life.

Notes; The document is on 2 sheets of paper, both embossed ” 1816 “, and with a shield design (on other sheets of paper among this group of documents, the same shield design appears along with the wording; “W Cadell & Co”).

OLIPHANT papers – receipt bundle

This post contains the details of a bundle of 35 receipts, dated 1843, that are part of one of two envelopes of old documents relating to the OLIPHANTs of Kirkcaldy in Fife.

To see my index of the other documents in these envelopes, please CLICK HERE.

There are 35 receipts;
Most are dated 1843.
Most are billed to Mrs Oliphant.
They are listed here in the order in which they were found bundled.

(Click on the receipt images to view as slide shows at a larger scale. To exit a slide show, click the “X” in the top left corner.)

  1. Paid 31st July 1843; £ -/2/- ; to John [Skinner?]
  2. dated 24th October 1843; £3/18/4 ; to Alex McLean
  3. dated 1843; £ -/8/- ; to Robert Hutchison & Co.
  4. dated 1843; £ -/12/6 ½ ; to Mr Thomson
  5. dated 1843; £ -/11/2 ; to Jacob [Fawcett?]
  6. Paid 17th Oct 1843; £ -/14/6 ; to Robert Hutchison & Co.
  7. Paid 20th March 1843; £ 1/15/- ; to [Mrs?] Davie
  8. dated 5th Oct 1843; £ -/5/3 ; to The Fife Sentinel (newspaper)
  9. dated 1843; £ -/8/- ; to Mr Thomson
  10. dated 1843; £ -/6/6 ; to Mr A Strange
  11. dated 25th March 1843; £ 1/-/- ; to Kirkcaldy Burgh
  12. dated 1843; £ 2/17/5 ; to Tho. Dryburgh re “Assessed Taxes”
  13. dated 19th July 1843; £ -/3/6 ; to Mr Morton
  14. paid 3rd July 1843; £ 1/6/3 ; to Kirkcaldy China Store
  15. paid 7th July 1843; £6/10/- ; to Allardice & Sclanders
  16. paid 11th July 1843; £-/4/7 ; to J & J Baxter, Glass Cutters
  17. paid 26th Sept 1843; £-/14/11 ; to George Hepburn, Grocer
  18. paid 17th Oct 1843; £-/8/- ; to J Meldrum
  19. paid 3rd Jan 1843; £-/4/- ; to John Skinner
  20. 1843 [3 receipts]; £-/13/9 [total]; to James Steel, Haberdasher.
  21. paid 5th Dec 1843; £3/19/- ; to Andrew Fleming & Co.
  22. paid 17th July 1843; £3/5/1 ½ ; to Meldrum sisters
  23. paid 17th Feb 1843; £-/-/10 ; to John Anderson
  24. dated 1843; £-/11/5 ; to Alex Hutchison
  25. dated 1843; £-/7/6 ; to Alex Hutchison
  26. dated 1843; £-/8/7 ; to Alex Hutchison
  27. dated 1843; £1/10/- ; to Richard Smith
  28. paid 4th Jan 1843; £3/5/- ; to Alex Russell & Son
  29. paid 2nd Jan 1843; £-/15/4 ; to Robert Brownlee
  30. paid 9th Jan 1843; £-/11/6 ; to Miss Slate
  31. paid 9th Jan 1843; £2/5/4 ; to Miss Slate
  32. £-/18/4 ; to ?
  33. dated 1843; £-/16/5 ; to Alex Hutchison
  34. May 1842; £1/-/- ; Burgh Tax, Kirkcaldy
  35. May 1842; £2/17/5 ; Assessed Taxes

I’m adding my scanned images of these receipts as several small galleries (due to the number of images). For most of the receipts I have two images – front and back (labeled “a” & “b”). Click on any receipt image to view that gallery as a slide show at a larger scale. Fuller transcriptions of the receipts are included as captions to the images. From the slide show you can open full resolution views of the scanned images.

HUTCHISON ancestors

6generation_ancestor_chart_braces

In no particular order I’m making several posts to show my known ancestors, in a “pedigree view”, starting each pedigree with one of my great-grandparents (for people’s personal privacy I will not give details of the more recent generations).

The Roman Numeral in front of a name indicates the generation (counting backwards) and the number of “great”s that you need to add to describe their relationship to me. i.e.

  • “-i-” = my “great-grandparent”,
  • “-iv-” = my “4x-great-grandparent”.

Click the numeral to link to any posts tagged with that individual’s name, or to all the posts tagged with that surname (if the individual person doesn’t have a tag).

If someone’s name is highlighted as a hyperlink, you can click that link to an external webpage with information about that person. I generally favour entries on Wikipedia, though other sources may come up if there is nothing on Wikipedia, or if the alternative offers better information.

Here are the HUTCHISONs of Kirkcaldy in Fife (also including the OLIPHANTs, BARKERs, and others).

 

-v-[ Jonh HUTCH(E)SON, b. ???, d. ???, m. 20/06/1773, Kirkcaldy

-iv-[ Alexander HUTCHISON, b. ../../1772, Kirkcaldy, d. ???, m. 09/08/1804, Kirkcaldy, Fife.

-v-[ Isabel BETT (or BEATT), b. ???, d. ???

-iii-[ Robert HUTCHISON, b. 07/09/1806, Kirkcaldy, d. 07/11/1883, Kirkcaldy, m. 18/04/1837, Kirkcaldy.

(See a portrait painting of Robert HUTCHISON, HERE ]

-v-[ Robert BINNIE, b. ???, d. ???, m. 21/05/1768, Cramond, Mid Lothian.

-iv-[ Joanna BINNIE, b. ../../1782, Cramond, Mid Lothian, d. ???

-v-[ Janet GEDDES, b. ???, d. ???

-ii-Henry William HUTCHISON, b. 15/04/1849, d. ../../1922, m. ???

-vi-[ Robert OLIPHANT, b. abt 1696, Kirkcaldy, d. ../../1772, Kirkcaldy, m. ???

-v-[ William OLIPHANT*, b. abt 1728, Kirkcaldy, d. ../../1777, Kirkcaldy, m. 11/04/1763

-vi-[ Janet BELL (or BUTT), b. ???, d. ???

-iv-[ Robert OLIPHANT, b. 02/09/1765, d. ???, m. 03/01/1797, Edinburgh.

-vi-[ George BARKER, b. ../../1704, d. ???, m. 28/12/1732

-v-[ Mary BARKER*, b. ../../1733, Kirkcaldy, d. ../../1775, Kirkcaldy.

-vi-[ Christian BELL (or BETT), b. ???, d. ???

-iii-[ Mary OLIPHANT, b. 25/04/1808, d. ../../1852

-v-[ Henry OLIPHANT*, b. ../../1741, d. ???, m. 01/12/1776

-iv-[ Janet OLIPHANT, b. 19/10/1777, d. ???

-v-[ Christian BARKER*, b. ../../1741, d. 02/12/1777

-i-[ (Sir) William Oliphant HUTCHISON, b. 02/07/1889, Dysart, Fife, d. 05/02/1970, Cambridge, m. 15/11/1918, Edinburgh, to Margery WALTON. [See WALTON ancestry HERE]

-iii-[ John KEY, b. ???, d. ???, m. 25/04/1845

-ii-[ Sarah “Hannah” KEY, b. ../../1850, d. ../../1938

-iii-[ Sarah WHITE (or WHYTE), b. ???, d. ???

* Notes; William OLIPHANT (b. abt 1728), and Henry OLIPHANT (b.1741) were brothers. Their respective wives, Mary BARKER (b. 1733), and Christian BARKER (b. 1741) were sisters.

PDF-logo
Click here to download as a PDF file;
HUTCHISON ancestors – Jan2014version

I can go back 2 further generations from Robert OLIPHANT (b. abt 1696), and 1 further generation from George BARKER (b. 1704). But that gets a bit leggy in this format, in a WordPress post! So I’ll stop at 6 generations.

* Sources;

Hutchison family tree – compiled circa 1987, by Douglas HUTCHISON (C.B.E.), of Bolfracks, Aberfeldy, Perthshire.

OLIPHANTs of Kirkcaldy – Tree compiled by James Hunter MacGregor (genealogist), June 1917, now in the library at St Andrews University, Fife. Comissioned by Mary Christian HUTCHISON, dau. of Robert HUTCHISON and Mary OLIPHANT. Thanks to Roddy OLIPHANT for finding this document and sharing it over the internet with the current descendants of the Kirkcaldy OLIPHANTs. Also to the other relatives, particularly Anne HAENGA and Gordon McCONNELL (both in New Zealand), for their input – correcting some errors in James Hunter’s origional work, and adding new details. Several long forum threads between us can be found on the OLIPHANT GenForum at Genealogy.com

A letter to me from Robin HUTCHISON (my Great Uncle) in Aug 2004 with various notes, including a transcribed extract from Mary WHITE’s Diary, circa 1867 – “kept while she was visiting her scottish relatives” around Kirkcaldy in Fife.

Family notes – kept by Priscilla HUTCHISON in a notebook/diary titled “A Diary of Edinburgh”.

International Genealogical Index (IGI) – My own searches of the index, used mainly to double-check other sources. Not to be fully relied on by itself. Given the chance I like to look at the OPR microfilms (from which the IGI is transcribed), which tend to contain many more details than the IGI.

My apologies if I’ve missed any particular sources or credits that I should have given. I believe that these are my major sources.

Names and locations of interest

In this post I’m going to try and list all the surnames and locations that are of interest to me on this site. I expect to come back to add to or edit this list from time to time. [See the Names of Interest pages for updates].

SURNAMEs here are written in CAPITAL LETTERS.

Place names are written with just the first letter in Capital. These places might be individual houses or farms, the parish, village, or town where someone lived or worked, or a wider geographical area.

Alternative spelling variations will be shown in italics. These will appear (in brackets) following what I consider to be the main spelling, or themselves followed (in brackets) by the main spelling.

I will attempt to use all these names as “Tags” in any posts that relate to that name.

So, in no particular order;

HUTCHISON, OLIPHANT, & BARKER – all in Kirkcaldy, Fife.

WALTON, & HENDERSON – in Renfrewshire, Scotland

SWAIN, TWITE

MAWER – in Sibsey, Lincolnshire.

WALKER – in Kirkliston, West Lothian.

JOHNSTON – in Bathgate, West Lothian.

FLINT – in West Lothian

BARRON (vari.; BARON) – in Mid Lothian / West Lothian.

CADZOW (vari.; KADZOW) – in Lanarkshire, Scotland.

ELLIOTT

FRY – from Wiltshire / Bristol.

EYRE – from London.

BUCKNALL – in Stroud, Gloucestershire.

OLIPHANT papers index

Several years ago I looked through a bundle of old family papers from the 1700 & 1800’s relating to ancestors of mine; the OLIPHANTs of Kirkcaldy, in Fife, Scotland. There are two old brown paper envelopes, labeled “Oliphant papers”, each containing a number of documents, which I set to work on, cataloging, scanning, and beginning to transcribe them.

I will post the scanned images in future posts here, with some attempt to transcribe them; each document in its own post. Before that I’m posting (below) my basic index list of those documents. I will hyperlink from this index to the posts containing the scanned images once I post them.

In the following posts about these OLIPHANT papers, transcribed text (when available) will appear in a Maroon colour below each scanned image. I will use [square brackets] where I’m not totally sure of the original handwriting, but can make a good stab at interpreting it, or where I want to add a little extra, e.g. to expand on a handwritten abbreviation (so that everyone understands it).

[…] – means that I’m very unsure of the original word! So have a look at the original image, and let me know if you think that you can decipher it. :) Thanks.

# – (hash-tag) in my transcription indicates a change of line in the original text.

I aim to “tag” these posts with as many names as I can, of the people, places, etc, that appear in the original document. That should help to make these documents findable in search-engines by anyone who might be interested in their contents.

You will also see below this index, some notes I made about embossed marks that appear on many of the sheets of paper (but which do not show up in the scans!). I would be interested in whether anyone can tell me more about these markings.

The titles in the index are usually based on the first few words in the document.

Envelope 1;

  1. Document by John Peal, Edinburgh, 6th April 1799 [note 1]
  2. Disposition of George Barker; to his grandchildren, dated 8th May 1784
  3. the late Mr Henry Oliphant; Property [note 2]
  4. Proprietors of […] East Half, of [Big] House on the Head of the Harbour; settled 15th November 1823 [note 3]
  5. Dear Brother [short letter; no date; might be a missing second part!]
  6. Note of A. Anderson … at the Glasgow Bank; 1827 [note 4]
  7. Trust Disposition and Settlement by Robert Oliphant
  8. Mr Hy. Oliphant estate [note 5]
  9. Mr Baxter, Gary Street, Newington; 1825
  10. Betty or Elizabeth Baxter [note 6]

Some notes about the paper in Envelope 1;

  1. 2 sheets of paper both embossed ” 1816 “, and with a shield design (as for “W Cadell & Co” – see notes 3 & 6 ).
  2. Paper embossed ” 1808 “.
  3. Paper embossed; ” W CADELL & Co ,  1821 “, and with a shield design.
  4. Paper embossed ” 1824 “.
  5. Paper embossed; ” C WILMOTT & Co ,  1818 “.
  6. Paper embossed; ” W CADELL & Co ,  1821 “, and with a shield design.

Envelope 2;

  1. Bundle of 35 receipts; dated 1843
  2. Settlement by George Barker; in favour of his grandchildren; 8th May 1784 (copy) [note 1]
  3. Memo; re Henry Oliphant, by his settlement, 3rd Dec 1821 [note 2]
  4. Letter from Mr Dougall, to Betty Baxter, 27th Sept 1821 [note 3]
  5. I Robert Oliphant; dated 29th December 1825 [note 4]
  6. Andrew Ingram; Letter to Henry Oliphant; 13 January 1808
  7. Proprietors of the East half of Big House on Head of the Harbour; 6th May 1823 [note 5]
  8. Copy of Discharge, 28th Feb 1821 [note 6]
  9. Agreement between the tutors of John Aitken, and Christian Barker; 1768 [note 7]
  10. Receipt for church repairs; dated January 1830.

Notes about the paper in Envelope 2;

  1. Paper embossed ” 181? ” (possibly 1810?), and with a shield design (as for “W Cadell & Co”).
  2. Paper embossed with a shield design.
  3. Paper embossed; ” C WILMOTT  ,  1818 “.
  4. Paper embossed; ” J WHATMAN , TURKEY MILL , 1820 “.
  5. Paper embossed; ” T  ,  1821 “, and with a shield design.
  6. Paper embossed; ” 1821 “, and with a shield design.
  7. Paper embossed; ” 1816 “, and with a shield design.