Old WALKER papers – Lease of Kilpunt – 1884

This is one in a series of blog post about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. You can see a list of the papers that have been posted onto AFamilyHistoryBlog HERE.

This document is a lease agreement (or “Tack”), dated 12th and 13th May 1884, made between the Earl of Hopetoun, John Adrian Louis Hope (landlord), and my paternal Gt-Gt-Grandmother, Margaret Johnston (or Walker) (tenant), for the farm at Kilpunt, Kirkliston, Mid Lothian, following the death of Margaret’s husband, James Walker, in 1881.

James Walker and Margaret Johnston (both born in 1818) had married at Bathgate, West Lothian, in February 1847. James had lived at Kilpunt from at least that date (if not earlier!). The Walker family appears to have been farming the land at Kilpunt since earlier in the 1800’s, having combined it with the neighbouring farm of Hiddlefaulds, where they had lived since 1745.

No doubt, after James Walker’s death, much of the day-to-day farm work would have been done by his son (my Gt-Grandfather), Thomas George Walker, who is a signed witness to the lease, and who inherited the lease when Margaret died in 1890.

Recently, while I was transcribing this document, I came across a document on-line, dated 1888 (so within the duration of this lease), where the Earl of Hopetoun leased land at Kilpunt for a railway line. This puts into context the need in this agreement for clauses about roads, railways, canals, etc. See that pdf document HERE. Note the map on page 6 of that PDF file. The route of the railway runs right through the site of Hiddlefaulds farm, where the Walker family had lived for around 100 years before moving into Kilpunt farmhouse in the 1840’s. The 25 inch Ordnance Survey maps available through the National Libruary of Scotland, show Hiddlefaulds on a map surveyed in 1893, but the railway in its place on a revised map of 1895.

Please click on the images below to view at full resolution. Transcribed text appears in a Maroon colour below each image. At the bottom I’ve made some notes about the document.

Cover; Transcription of cover;

Tenants copy
Lease
between
The Earl of Hopetoun
and
Mrs Margaret Johnston or Walker
Of the Farm of Kilpunt

Dated 12th and 13th May 1884

Entry Martinmas ———– 1880
Duration ——————- 19 (Yrs)
Expiry Martinmas ———- 1899

Rent £ 565 – 2s – 6d

Page 1; Transcription of page 1;

Stamps;

FIVE SHILLINGS
SCOTLAND 16/05/84 (1884)
DUPLICATE OR COUNTERPART
ORIGIONAL STAMPED WITH
THREE POUNDS
SCOTLAND 26/05/84 (1884)

Text;

It is Contracted and Agreed between The Right Honorable John Adrian Louis, Earl of Hopetoun, heritable proprietor of the Lands and others aftermentioned on the one part, and Mrs Margaret Johnston or Walker, residing at Kilpunt, Widow of the late James Walker, farmer there on the other part, Considering that the said James Walker at the time of his death on sixth May Eighteen hundred and eighty-one had arranged with the said Earl of Hopetoun for a renewal of his tenancy of the farm of Kilpunt for Nineteen years from the term of Martinmass Eighteen hundred and eighty – And that although the new Lease proposed for said period was prepared and sent to him about the time of his death, that event took place before the Lease was completed and [executed] – And that by Mutual General Disposition and Settlement between and executed by the said James Walker and the said Mrs Margaret Johnston or Walker, dated fifth August Eighteen hundred and forty seven, and recorded in the Books of Council and Session, twenty-first May Eighteen hundred and eighty one, the said James Walker made over to the said Mrs Margaret Johnston or Walker everything he should die possessed of and that in virtue thereof she has, as the ^said deceased’s heir of provision and with the concurrence of the Trustee on his Sequestrated Estate and of the said Earl of Hopetoun, between carrying on the Farm since her husband’s death and is [desirous] that said Lease should be made out and completed in her name; Therefore the said Earl of Hopetoun has Set and in consideration of the Yearly Rent and other Conditions aftermentioned hereby Lets to the said Mrs Margaret Johnston or Walker, and her heirs, whether of line or provision but always without division and excluding Assignees legal or conventional, and sub-Tenants of every description All and Whole the said farm of Kilpunt in the Parish of Kirkliston, and County of Linlithgow as at present possessed by the said Mrs Margaret Johnston or Walker, and extending in all to Two hundred and fifty-three Acres, three hundred and eighty decimal parts of an acre or thereby Imperial Measure, which extents without being warranted shall for the purposes of this Lease be held to be correct; And that for Nineteen Years from and after the said term of Martinmas Eighteen hundred and eighty, which is hereby declared to have been the term of Entry under this Lease; With and under this express condition that if the said Mrs Margaret Johnston or Walker or Heirs succeeding to this Lease become Bankrupt by virtue of the Bankrupt Laws or execute a Trust Conveyance of her or his property for behoof of her or his Creditors or allow one year’s Rent to run into arrear and sequestration therefor to be awarded then and in every such case this Lease shall at the Proprietor’s option be null and void and he shall have right to assume possession of the Premises and the said Margaret Johnston or Walker obliges herself and her aforesaid to renounce possession and consents that Summary Diligence pass for removing herself or Heirs therefrom and that without prejudice to all legal remedies competent under the Act of Sederunt Seventeen hundred and fifty-six or otherwise. But declaring that the termination of this Lease under any of the foregoing conditions shall not import an acquittance or discharge of the obligation on the Tenant or her foresaids for Rent or additional Rent incurred previous to the time that she or they shall be required to remove from the subjects hereby Let. Nor shall any acquittance or discharge of any Rent or additional Rent due by the said Tenant or her foresaids under this Lease import a discharge or abandonment of any right to terminate this Lease under any of the foregoing conditions unless expressly discharged, it being hereby declared that it shall be in the power of the said Proprietor or his heirs and assignees to enforce any of the conditions herein written at any period unless he or they shall have expressly discharged them. And the said Proprietor binds himself and his foresaids to expend the Sum of Three hundred and fifty pounds Sterling in further improving the – Buildings and fences of said Farm – it being declared that this outlay shall be made at the sight and under &

J Hopetoun
Margaret Walker

Page 2;
Transcription of page 2;

Page Second

under the direction of the Factor to the said Proprietor – (the said Sum of Three hundred and fifty pounds with the sum of Two hundred and fifty pounds already so expended making together Six hundred pounds the Sum agreed to be so expended under the arrangements with the said deceased James Walker) Reserving always to the (said) proprietor and his foresaids from the subjects hereby Let as follows videlicet Reserving always the whole Mines, Metals, Minerals, and fossils, Coal, Marl, Clay, Gravel, Sand, Sandstone, Limestone, and Slate Quarries, on the subjects hereby Let with full power to search for, [worle], win, smelt, burn and manufacture, and to carry off the same and to sink pits, form levels, make Roads, Railroads, Canals, erect Buildings and Machinery, and carry on all works within the subjects hereby let which they may think proper and to resume the land they may think necessary for these purposes. Reserving also full power at all times to take off land from any part or parts of the subjects hereby Let for the purpose of planting or for the purpose of [fencing] or letting on Building Leases or for making, altering or widening Roads or for making Railroads or Canals or pieces of water Declaring that the Proprietor or his foresaids shall be bound always to keep properly enclosed any lands resumed for any of these purposes, at his own expense, and that the said Ten:ant shall receive for any land so resumed an abatement from the Rent in the proportion that the extent of Ground resumed [be as to] the extent of the whole subjects hereby Let. And also shall receive payment of the value of any crop which may be growing on, or unexhausted manure in the ground when resumed as the same shall be ascertained by arbitration. Reserving also to the Proprietor and his foresaids all the Woodlands and Grass in the Plantations, and all Plantations, Woods and Trees whatsoever now or that may hereafter be upon the subjects hereby Let with liberty to prune, cut and carry away the same, and to replant the land from which the same may be taken, the Tenant being indemnified only in the event of these operations occasioning damage to any growing crop, but not otherwise, as the same shall be ascertained by arbitration. And reserving also to the Proprietor and to those to whom he may give authority the use of all the existing roads on the subjects hereby Let. And reserving also power to make such additional communication Gates in the fences as they may think fit they being bound to uphold the same. Reserving also to the Proprietor, with the exception of the Tenant’s Right to kill Ground Game under the provisions of the Ground Game Act, Eighteen Hundred and Eighty, the whole Game with power to the Proprietor or those whom he may authorise to shoot, hunt, or sport, the Tenant being bound to preserve all Game from all others and to turn off all intruders Reserving also power to straighten Marches and excamb Lands with the neighbouring Proprietors and Tenants and also to make new Drains or Levels for water, the damage sustained by the Tenant in such operations being settled by arbitration, and for payment of which the proprietor shall be liable. Reserving also power at all times to enter upon the subjects hereby Let to ascertain how far the Tenant has fulfilled the obligations undertaken by her under the Reservations and Conditions contained in these presents and also if the Houses, Fences, Gates, or Drains should fall into disrepair reserving power to the Proprietor to put the same into proper order, and charge the Tenant with the expenses thereof unless she execute such repairs within one month after being required by written notice. Which Tack the said Proprietor under the Reservations and Conditions before and after mentioned binds and obliges himself his Heirs and Successors to warrant to the said Mrs Margaret Johnston or Walker, and her Heirs at all hands For which causes and on the other part, the said Mrs Margaret Johnston or Walker obliges herself and her Heirs, Executors, and Successors, to pay to the said John Adrian Louis, Earl of Hopetoun, and his Heirs and Assignees, or to his or their Commissioners, Factors, or Chamberlains, in their name, at their respective residences within the County of Linlithgow yearly, the money Rent following namely the sum of Five Hundred and Sixty-five Pounds, Two Shillings and Sixpence. Declaring that  &

J Hopetoun
Margaret Walker

Page 3;
Transcription of page 3;

Page Third

that the said Rent shall be payable at two terms in the year Martinmas and Whitsunday as follows at the term of Martinmas yearly the sum of Two hundred and eighty two Pounds, Eleven shillings and Threepence and at the term of Whitsunday yearly the balance of the said Rent, beginning the first terms payment at Martinmas in the year Eighteen Hundred and Eighty-one, and the next term’s payment at WhitSunday Eighteen Hundred and Eighty two in full of the first year’s Rent for crop and year Eighteen Hun:dred and Eighty one, and so forth yearly and termly thereafter during the whole years of this Lease (except in so far as already paid) with a fifth part more of each term’s Rent of liquidate penalty in case of failure and the legal interest of each term’s Rent from the respective terms of payment during the non-payment thereof. But notwithstanding the terms of payment before specified to pay the whole Rents which shall be due for their possession of the subjects hereby Let at or previous to the term of Martinmass Eighteen Hundred and Ninety-nine at which term this Lease expires. And further to keep and maintain one Hound or Pointer or other Dog when required by the Proprietor or his – Factor without any allowance therefor. And further to pay all Public and Parochial Burdens payable by Tenants by law. And further to pay at the rate of Six and one half per centum per annum upon all outlay by the said Proprietor upon the subjects hereby Let which the said Tenant may ask and the said Proprietor agree to after the date of these presents (the foresaid sums of Three hundred and fifty pounds and Two hundred and fifty pounds excepted), and also to perform all carriages free of charge connected there with or connected with the Houses and Buildings presently erected or hereafter to be erected on the subjects hereby Let both which stipulations as to interest and carriages shall be understood in all cases whether expressed or not. And further to make good to the Proprietor his foresaids any loss or damage by Fire to the whole or any of the Houses and Buildings now or hereafter to be erected on the subjects hereby Let and for further security thereof the Tenant binds and obliges herself and her foresaids at their own expense to keep always insured in name of the Proprietor and Tenant or their respective foresaids for their respective rights and interests the said whole Houses and Buildings pre:sently erected or hereafter to be erected on the subjects hereby Let against loss or damage by Fire to the extent of three-fourths of their value, and also to keep at all times insured as aforesaid against loss by Fire the whole Crop and Stocking of the said Farm to the extent of their full value all as the same may be ascertained from time to time by arbitration, and these in one of the Established Fire Insurance Offices and to exhibit to the said Proprietor or his foresaids or to his or their Factor at the term of Martinmas yearly when the first portion of each year’s Rent is payable, Receipts for the payment of the premium due at that term of Martinmas yearly for the said several Insurances for the Twelve months succeeding. Declaring that the said Proprietor or his foresaids shall if so inclined have power to make the said Insurances to be effected in name of the Proprietor and Tenant or their respective foresaids, as said is and that the said Tenant or her foresaids shall in that event be bound to repay yearly to the said Proprietor and his foresaids the annual Premium for said Insurances at said term of Martinmas yearly and that the first sums paid by the said Tenant or her foresaids at or after the said term of Martinmas yearly shall be held to be applied in repayment of the said Insurances even although the Receipt or Receipts granted therefor shall bear that the money was paid to account of Rent. And further the Tenant, subject to the expenditure of the foresaid sum of Three hundred and fifty pounds yet to be made by the Proprietor, accepts the Houses and Fences as being in a good and tenantable state. Moreover the said Tenant obliges herself to maintain and leave in a good and tenantable condition the whole Houses, Drains, and Watercourses, Fences and Gates now on or hereafter to be erected on said Farm, except such as the Proprietor has herein before become bound to keep up and maintain and also the Proprietor paying one-half of the cost of repairing Fences bounding the &

J Hopetoun
Margaret Walker

Page 4;
Transcription of page 4;

Page Fourth.

the Plantations and maintaining at his sole expense the Fences surrounding the land which may be resumed as aforesaid. Further the Tenant binds herself to preserve and protect the whole trees now growing on the subjects hereby Let or which may be hereafter planted, and if she fail to do so she – binds herself to pay the damage which may be incurred by her fault or negligence as the same – shall be ascertained by arbitration. And further the Tenant binds and obliges herself to accept of such Lands as may be received under an excambion provided such Lands lie contiguous to the Farm and in like manner the Tenant obliges herself to give up any Lands which may be given away in an excambion leaving all questions as to deductions or increase of Rent arising out of such changes to be settled by arbitration. And further the said Tenant binds and obliges herself to reside on the subjects hereby Let, and in the event of her death the Heir of the said Lease Shall constantly reside on the subjects hereby Let. And further the said Tenant binds and obliges herself to make no alterations on the Houses and Buildings hereby Let to her without the – leave in writing of the said Proprietor or his Factor for the time being. And with regard to the cultivation and Management of the said farm the Tenant binds and obliges herself and her foresaids to cultivate and manage it according to the rules of good husbandry and to maintain the lands in a clean and fertile condition. And particularly without prejudice to these general conditions that not more than two fifth parts of the arable lands of the said farm shall be in anyone year in White Crops declaring that Peas or Beans (except Beans properly manured with twenty tons of farm yard manure per acre, drill sown and laboured as greencrop) and Turnip Seed and […] shall in all cases be counted as part of the acreage under White Crops in any year, that not less than one fifth part of the arable lands shall be in any one year in Pasture Grass and shall be in whole fields and not in separate or detached portions of fields that not more than one-fifth part of the arable lands shall be in any one year cut for Hay that all lands that shall be in any one year in Summer Fallow or Turnips or Potatoes or other Green Crop shall be in that year well and sufficiently manured and in order thereto that not less than one-half of the lands that shall be in Summer Fallow, Turnips, or Potatoes, or other Green Crop in any year shall be – manured in that year with not less than twenty-five tons of well-rotted farmyard dung per Imperial acre and should any portion of the remaining half of the said lands have a smaller quantity than the twenty-five tons of well rotted farm-yard dung per Imperial acre applied to it the deficiency shall be made up by an application of City Manure or of approved Artificial Manures at a cost of Four Pounds Ten Shillings per acre in value of said City or Artificial Manures to be applied to each acre of the said remain:ing half of the lands in proportion to the deficiency in the quantity of farm-yard manure applied. Declaring that at the termination of this Lease no part of the said farm shall be left in Summer Fallow the – Proprietor declining to pay for Summer Fallow that in the last year of this Lease the Proprietor or Incoming Tenant shall have power to sow Grass Seed in such parts of the lands as have been in Summer Fallow or in Green Crops in the preceding year provided the same be sown along with the Spring Crop or within eight days thereafter, or if with the Wheat Crop not later than the month of April and in order thereto the Tenant in possession hereby binds herself (and her foresaids) to give six days notice in writing to the Proprietor or Incoming Tenant before beginning to sow her last Spring Crop and failing their or either of them sowing the Grass Seeds as aforesaid the said Tenant in possession hereby binds herself to do so with ten pounds of good White and Red Clover Seed and one bushel and half a bushel of Perennial Rye Grass Seed to the Imperial acre or with such kinds and quantities of Clover and Grass Seed as the Pro:praetor or Incoming Tenant may direct and for the cost of which Seed and for the sowing allenarly she shall be paid as the value thereof shall be ascertained by arbitration and in either event the said Tenant in possession shall be bound to harrow and roll in the same, in a proper manner without – charge &

J Hopetoun
Margaret Walker

Page 5;
Transcription of page 5;

Page Fifth.

charge, and further shall be bound not to cut or pasture with stock of any kind or otherwise injure the lands so sown down after the last Crop has been reaped. And further the whole Dung or Manure produced on the farm shall be annually applied to the lands hereby Let and expressly in the last year of this Lease the whole Dung made on the farm previous to Whitsunday of the said last year shall be applied to the lands hereby let. And further the Tenant shall leave to the Landlord or Incoming Tenant the Dung made after the term of Whitsunday in the said last year of this Lease for which she shall be paid one-half its value as the same may be ascertained by arbitration. And it is expressly stipulated that if the Tenant depart from these regulations she and her foresaids shall pay the sum of Ten Pounds Sterling of additional Rent for each acre treated or cropped differently from the mode before specified and that at the time when the Rent of the year is paid with like penalty and interest on failure which additional Rent – shall not be considered as penal but pactional the Proprietor permitting such deviations for this additional Rent. And further the said Tenant binds herself to deliver to the Proprietor or his Factor when asked a statement signed and certified by her showing the number of acres of the whole lands hereby Let with the apportionment in any year of said acreage into White Crops, Hay, Green Crops, or Fallow and Pasture. Moreover the said Mrs Margaret Johnston or Walker obliges herself and her foresaids to remove from the said farm at the expiration of this Tack without warning or process of removal, or otherwise to pay the sum of Ten Pounds Sterling of Rent per acre for each years possession thereafter and proportionately for a shorter period at the times and with penalty and interest as before mentioned and also to perform the whole other conditions in this Tack. And whereas several references are herein made to arbitration the parties oblige themselves in such cases to enter into submission to some one person of skill mutually chosen as arbiter and failing an agreement as to the choice of an arbiter the parties agree to refer the choice of an arbiter to the Sheriff of the County of Linlithgow, and it shall not be competent to bring the decision of the arbiter under revision in any Court whatever. And the said parties oblige themselves and their foresaids to Implement this Tack to each other under the penalty of Four Hundred Pounds Sterling to be paid by the party failing to the party performing or willing to perform over and above performance. And they consent to the – Registration hereof for preservation and execution. In Witness Whereof these presents written on this and the four preceding pages of paper to be duly stamped by William Lyon Mackenzie, Clerk to James Hope, Writer to the Signet, are, together with a duplicate hereof subscribed by the said Margaret Johnston or Walker, at Kilpunt aforesaid, the twelth day of May Eighteen hundred and eighty-four before these witnesses; James Law, Farmer, East Mains, Broxburn, and Thomas George Walker, residing at Kilpunt aforesaid; and by the said Earl of Hopetoun at Edinburgh the thirteenth day of said – month of May, and year last mentioned, before these Witnesses; William Lennox, Clerk to the said James Hope, and the said William Lyon Mackenzie.

William Lennox, witness
W.L. MacKenzie, witness
Tho. G Walker, witness
Robert G Keir, witness
James Law, witness
Tho. G Walker, witness

J Hopetoun
Margaret Walker

Notes;

John Adrian Louis Hope was the 7th Earl of Hopetoun, and 1st Marquess of Linlithgow.

Terms used in the text;

• “Act of Sederunt”; in Scots law – see Wikipedia.
• “allenarly”; meaning “solely”, or “only” – see Wiktionary.
• “excamb”/”excambion”; in Scots law, excambion is the exchange of land – see Wikipedia.
• “Factor”; a property manager or estate manager – see Wikipedia.
• “Martinmas” & “Whitsunday”; Scottish term days – see Wikipedia
• “Tack”; a lease agreement – see http://www.dsl.ac.uk/entry/snd/tack_n2
• “videlicet”; meaning “namely”, “that is to say”, or “as follows” – see Wikipedia.

The Walker family;

• James WALKER, b. 24/01/1818, at Hiddlefaulds, Kirkliston, the son of John Walker & Isobel Neil. d. 06/05/1881, at Kilpunt. Married; 23/02/1847, at Bathgate, to;
• Margaret JOHNSTON, b. btw. Apr & Sept 1818, daughter of John Johnston & Margaret Young. d. 15/09/1890 (see the JOHNSTON family tree HERE).

Their children;

• John Johnston WALKER, b. 21/01/1848, d. 19/11/1891, in New Zealand (no issue).
• Margaret Young WALKER, b. 19/10/1849 (twin), d. 13/5/1891 (no issue).
• James WALKER, b. 19/10/1849 (twin), d. 4/5/1851 (at 18 months).
• Isabella Neil WALKER, b. 03/05/1852, d. 08/11/1916, m. 07/06/1894 – Thomas ALLAN (no issue).
• Jemima Janet WALKER, b. 30 Mar 1854, d. 24/12/1892 (no issue).
• Mary WALKER, b. 09/02/1856, d. 25/6/1903, m. John BRASH (1 daughter).
• Thomas George WALKER, b. 04/03/1858, d. 19/10/1951, m. 19/06/1894 – Helen Black CADZOW (7 children)
• Elizabeth Barron WALKER, b. 07/10/1860, d. 14/10/1882 (no issue).

A back of an envelope note of date of James Walker & Margaret Johnston’s wedding, and DoB of their children, written (I suspect) by their son – Thomas George Walker.

For futher details see A history of the WALKER family.

Front of the envelope, addressed to Thomas George Walker, at Kilpunt. Postmarked 31st December 1891.

 

Old WALKER papers – Lease of Hiddlefaulds farm – 1813

This is one in a series of blog post about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. Please see a list of these papers HERE.

This document is a lease agreement (or “Tack”) made in 1813 between the Earl of Hopetoun, James Hope Johnstone (landlord), and my paternal ancestor, James Walker (tenant).

James Walker was born in Kirkliston, in August 1731 – so would be about 82 years old at the time that this lease was agreed. So it is likely that his son, John Walker (b. Jan. 1772) was running most of the day-to-day work on the farm by this time!

For an earlier (and much simpler) lease of Hiddlefaulds, agreed with James Walker in 1775, see HERE.

James Walker, and his wife, Janet Flint, both died in 1817 and are buried in Kirkliston churchyard. Their son, John Walker, is recorded in the Kirkliston parish registers as having “irregularly” married Isabel Neil, in May 1816, with their first daughter being born in August of that year!

At some point (it appears during John Walker’s time) the family also took on the tenancy of the neighbouring farm at Kilpunt.

Due to the nature/condition/size of this document, I have photographed, rather than scanned, most of the pages.

Please click on the images to see the scans at full resolution. Transcribed text appears in a Maroon colour below each scanned image. At the bottom I’ve made some notes about the document.

Cover; Transcription of cover;

Tack
The Earl of Hopetoun
to
James Walker
Of the farm of Hiddlefaulds
for Nineteen years from
Martinmas 1813
————
[Comp #]

Page 1;

Transcription of page 1;

It is Contracted and Agreed Between the Right Hon-#
-orable James Hope Johnstone Earl of Hopetoun Heritable Proprietor #
of the Lands and other aftermentioned upon the One part And James #
Walker Tenant in Hiddlefaulds upon the other part in manner #
following That is the said Earl hereby Lets and in Consideration of the #
Tack Duty and other [prastations] aftermentioned and under the conditions #
after specified Let to the said James Walker and his heirs of line and if #
only daughters to the Eldest without division without prejudice to the #
said James Walker and his heirs to settle the said lease upon any of his #
or their children and under such burdens as they may think proper #
Including all Assignees legal and conventional direct or indirect and #
also Including all subtenants without a special written permission #
from the said Earl or his Heirs and successors But Declaring as it is #
hereby expressly Provided and Declared that any Assignation Conveyance #
or sublease contary to the foresaid stipulation shall be void and null #
and of no force or effect And that immediately upon any such Assignation #
Conveyance or sublease of this Lease contary thereto being granted by the #
said James Walker of his foresaids or anywise attempted to be so #
granted by then it shall be lawful to and in the power of the said #
Earl and his foresaids to enter into possession of the farm with the #
whole Houses and pertinents hereby let And that the Lease hereby granted #
shall from henceforth cease and determine and become void and null #
without any declarator or other process of law in the same manner as #
if it had never existed or been entered into. All and Whole the #
farm of Hiddlefaulds being part of the Barony of Kilpunt with #
the House yards parts and pertinents thereto belonging all as presently #
possessed by the said James Walker himself Lying in the Parish of #
Kirkliston and County of Linlithgow. And that for the space of #
Nineteen years from and after the term of Martinmas Eighteen hundred #
and thirteen which is hereby declared to have been the term of the said #
James Walker his entry thereto in virtue hereof Reserving always #
to the said Earl and his heirs and successors full power and liberty to #
work win sell dispose of and carry away the Coal Lime, Freestone, Marle #
and in general all other Mines Metals and Minerals within the said #
lands hereby set And to  make Roads and Aqueducts and to do every thing #
necessary for these purposes the said Earl and his foresaids always #
satisfying the said James Walker and his foresaids for any damages #
that may be thereby done to the surface of the Ground at the sight of #
neutral men mutually chosen But it is Declared that the said James #
Walker and his foresaids shall have liberty to work Lime Stone within #
the lands hereby set for the use of the same and Houses thereon but not #
for sale or any other purpose whatever. Also Reserving to the said #
Earl and his foresaids full power and liberty to Straight marches and #
to excamb Lands either with the neighbouring Proprietors or with his #
own Tenants at the sight either of the Judge Ordinary or of neutral men #
they
David [Robertson] Williamson
James Walker

Page 2;

Transcription of page 2;

Page Second
the indemnification to the Tenant to be paid either in land or in money #
as the same shall appear most equitable to all concerned. Also Reser- #
-ving to the said Earl and his foresaids full power and liberty to cut and #
carry away all timber now growing or to be planted on the said lands #
and the said James Walker and his foresaids shall have no claim for #
any allowance when the same is done betwixt the first of November #
and the first of May And if any damage is occasioned at any other #
time the said James Walker and his foresaids shall be indemnified #
therefor at the sight of neutral men mutually chosen Also Reserving #
to the said Earl and his foresaids full right and liberty at any time #
during the Lease to resume possession of part of the said Lands for the #
purpose of Planting not exceeding the extent of three acres And the value #
of the land so resumed shall be determined by neutral men mutually #
chosen and shall be allowed to the said James Walker and his #
foresaids And it is Declared that where the Fences of the Plantations #
become fences to the Tenant and useful to the Lands then the said #
James Walker and his foresaids shall be bound to be at half the #
expense along with the Earl in keeping the said fence in repair #
Also Reserving to the said Earl and his foresaids full power and #
liberty to [fowl] or Hunt upon the Lands either by himself, Gamekeepers #
or their having special liberty but always so as not to [injure] any #
Sown or planted crop and the said James Walker and his foresaids #
shall be bound to preserve the Game from all others Also Reserving #
to the said Earl and his foresaids full right and liberty at all times #
during the Lease to inspect and examine the state and condition of the #
farm the Houses and fences And if any of them shall be found in #
disrepair the said Earl and his foresaids shall have power to require #
the Tenant in writing to do what is necessary by way of repair And #
in case the Tenant shall fail to do so within One month after such #
notification the Earl and his foresaids shall have liberty to cause the #
said repairs be executed And the expense thereof Certified by the factor #
of the said Earl without further proof the said James Walker and his #
foresaids shall be bound to pay at the next term along with their Rent. #
Also Reserving to the said Earl and his foresaids full right to #
resume possession of the said lands and others in case the said James #
Walker of his foresaids shall become legal Bankrupts in terms of the #
Act 1696 or of the 33rd of His present Majesty [Cap] 74 or of any #
other subsequent Act of the same nature Or if the said James #
Walker or his foresaids shall execute any voluntary Trust Conveyance #
of their Estate in favour of their Creditors on account of inability to pay #
their debts or although no such Conveyance is executed if they possess #
the Lands only nominally and account to their Creditors or their #
Trustees for the profits of the same, Or if the said James Walker or #
his foresaids shall allow a [Sequestration] to be applied for and #
obtained for payment of the Rent due the said Earl and his foresaids #
shall
David [Robertson] Williamson
James Walker

Page 3;

Transcription of page 3;

Page third
shall be entitled to enter to the possession of the said lands and others #
at the first term of Martinmas after any of the above events shall #
take place And in such cases the said James Walker hereby obliges #
him and his foresaids to renounce possession of the said lands and #
others hereby Set And Consents that Summary diligence shall pass #
for removing all concerned from the lands and thereby enable the #
said Earl and his foresaidsto set the said Lands of new to any other #
person they chose without prejudice always of the remedies provided #
in favour of Landlords either by the Common Law or the Act of #
[Sed…t] 1756 Declaring always that if the said James Walker #
or his foresaids from any of the foresaid Causes shall be unable to #
pay their Rent or to keep the farm the said Earl and his foresaids #
upon obtaining possession thereof shall be obliged to allow them #
the value of such improvements and [meliorations] of which they may #
not have reaped the benefit which allowance shall be ascertained #
by two neutral men mutually chosen Which Tack under the #
Reservations and Declarations before Written the said James Hope #
Johnstone, Earl of Hopetoun Obliges him his Heirs and Successors #
to warrant at all hands For the which Causes And upon the other #
part the said James Walker Binds and Obliges him his heirs Executors #
and representatives whomsoever to content and Pay to the said #
James Hope Johnstone, Earl of Hopetoun his Heirs and Assignees #
of to his or their factors or chamberlains in their name yearly and #
each year during the whole space foresaid of this present Tack the #
Sum of One hundred and Eighty Pounds Sterling and Twelve #
[Kain] Hens or in the [option] of the said Earl and his foresaids One #
Shilling and Sixpence Sterling for each Hen if not demanded but in #
case of their being demanded and not delivered the said James #
Walker and his foresaids shall be obliged to pay [five] Shillings Sterling #
for each undelivered Hen Begining the first years payment of #
the said Money Rent at the term of Candlemas and Lammas #
Eighteen hundred and fifteen by equal portions And that for [crops] and #
year Eighteen hundred and fourteen And of the [Kain] at the terms #
used and want or of the Conversion thereof in the option of the said #
Earl and his foresaids along and together with the said money Rent #
And so [furth] yearly and termly thereafter during all the years of #
this Tack except the Rent of the last year which it is expressly #
agreed upon and declared shall be fully and completely paid up #
at the expiry of this Lease or the said James Walker’s removal from #
the farm with One fifth part more of penalty in case of failure and #
the legal interest or Annual Rent after the respective terms at which #
the same shall become due during the nonpayment thereof Also #
to deliver to the said Earl and his foresaids yearly when required #
between Yule and Candlemas after reaping the Crops Twenty Three #
Bolls
David [Robertson] Williamson
James Walker

Page 4;

Transcription of page 4;

Page forth
Bolls of Oat Meal by Weight of Eight Stones Troy per Boll the beet #
of the growth of the said Lands [feed] only excepted And to Carry and #
transport the same to Hopetoun House or any place within Twelve #
Miles thereof all upon their own proper charges and expenses It being #
hereby Declared that the said James Walker and his foresaids shall #
get allowance out of the Rent beforementioned of the value of the said #
Meal at the rate of the highest fiars of the County of Linlithgow. #
As Also to keep and maintain One of the said Earl’s Hounds or Pointers #
during all the years of this Tack without any Allowance on that account. #
And the said James Walker Binds and Obliges himself and his foresaids #
to Labour the lands hereby Let according to the rules of good husbandry #
And not to wear out or deteriorate the same by undue labouring or #
improper management And particularly without prejudice to the #
said generality that the said James Walker and his foresaids shall #
not be at liberty to take more than two successive white crops from #
the same ground without the intervention of a Summer fallow or #
Green crop And never to take a wheat crop except after a summer #
fallow or Green crop Dunged And further the said James Walker #
Binds and obliges himself and his foresaids to have in each year #
during the last four years of the Lease not less than twelve acres in #
Hay and Pasture of which not more that Six acres shall be in #
Hay And also to have in each of the said last four years Eight Acres #
or […]in Summer fallow or Green crops Dunged Which Summer #
fallow or Green Crop shall along with the Succeeding Crops of Grain #
be laid down with [Grass] seeds of a proper Assortment and quantity #
for pasture or Hay and the land so laid down the said James Walker #
and his foresaids shall not be at liberty to break up again during #
the Lease not take more than One crop of Hay from the same [ground] #
And it is Declared that during these last four years the said #
James Walker and his foresaids shall not be at liberty to take two #
successive White crops without the intervention of a summer fallow #
or Green Crop Dunged But in case of the Grass [seeds] sown with #
Summerfallowed Wheat having failed they shall in that case #
(apon stating the same to the Factor of the said Earl and upon his #
being satisfied thereof) have liberty to plough up the same the #
ensuing year and to take a crop of Barley to be sown down with #
Grass Seeds. And further that in the last year of the Lease at #
any time between Martinmas and Candlemas the said Earl or the #
incoming Tenant shall have power to take Land for Summer #
fallow or Green Crop not exceeding the extent of twelve acres the #
said land to be restricted to that proportion of the Farm which in #
the due and ordinary course of management shall fall to be in #
Summerfallow or Green Crop at the time all lying in one and the #
same~
David [Robertson] Williamson
James Walker

Page 5;

Transcription of page 5;

Page fifth
same field if that can be effected And all the Dung of the proceding #
Crop shall be kept for the same in so far as the same shall not be #
used by the Tenant for any Horse hoed Drilled Crop for that year #
the said James Walker and his foresaids always receiving such #
indemnification for the summerfallow of Green Crop and Dung #
as _ shall be determined by neutral men One to be chosen by #
each _ party. It being understood that in case the Earl or the #
incoming Tenant shall not take ground for Summerfallow the #
last year of the Lease the Tenant shall be allowed an indemnifica- #
-tion for the Summerfallow or Green Crop he is bound to have for #
that year as the same shall be valued by neutral men mutually #
chosen And Further in case where it may be proper the Earl #
or the incoming Tenant shall have liberty to Sow Grass Seeds #
with all or any of the White Crops provided the Grass Seeds are #
Sown along with the Spring Crops or within Eight days thereafter #
If with Wheat Crop not later than the month of April And the #
said James Walker and his foresaids shall be bound to harrow #
and cover then in properly and reaping the crop to preserve #
the said grass from injury and not to allow any Cattle to pasture #
thereon either during Harvest or afterwards the said James Walker #
and his foresaids being to get allowance for any damage they #
may sustain thereby at the sight of neutral men mutually chosen #
And in Reguard the Rents herein beforementioned were fixed #
and Agreed upon on the faith that the ground should be managed #
in manner beforementioned Therefore in case the said James #
Walker or his foresaids shall Contravene the foresaid Stipulations #
respecting the management of the Farm or any of them the said #
James Walker Binds and Obliges himself and his foresaids to pay #
an additional Rent of Five Pounds Sterling per acre for each acre #
of ground which they shall so mislabour or not have in Hay #
and Pasture or in summerfallow or Green Crop as beforementioned #
or shall not allow to be summerfallowed or Sown with Grass Seeds #
by the said Earl or the incoming Tenant with the last Crop #
under this Lease and to be harrowed and Covered in as said is #
And the said James Walker binds and Obliges himself and his #
foresaids to pay the said additional Rent for each year during #
their possession after the respective Contraventions at the terms #
and under the penalty before Covenanted with regard to the said #
Stipulated Rents. And it is Declared that although an #
additional Rent is hereby Covenanted in case of Contravention #
which in all cases is to be considered as pactional and not #
penal yet the said Earl and his foresaids shall nevertheless be #
at liberty if they think proper to prevent the overlabouring or #
mismanagement~
David [Robertson] Williamson
James Walker

Page 6;

Transcription of page 6;

Page sixth
mismanagement of the said lands and to insist for damages #
in the ordinary way and in such manner as accords with the #
law. And the said James Walker Binds and Obliges himself #
and his foresaids to to consume the whole [praw] and fodder of all #
kinds upon the said lands that shall grow thereon during all the #
years of this Tack except the last year of their possession but #
they shall be at liberty to sell Hay at any time they shall think #
proper during the Lease As Also to lay all the Dung upon #
the said lands that shall be made thereon during all the years #
of this Tack except that of the last year which or so much thereof #
as they shall not at their removal have laid upon the lands #
they shall be obliged to sell to the said Earl and his foresaids #
or the incoming Tenant at such price as shall be fixed by #
neutral men to be mutually chosen. And Further the said #
James Walker having accepted of the whole Houses and Fences #
in the condition he was obliged to leave them by his former~ #
agreement Binds and Obliges him and his foresaids to repair #
uphold and maintain the whole of the Houses presently upon #
the Farm with what others they may build thereon during all #
the years of this Tack in a good and sufficient tenantable condition #
and to leave them in the like good and sufficient tenantable #
condition at their removal all upon their own proper charges #
and expenses. And in case the said James Walker and his #
foresaids shall build any additional Houses for their own #
conveniency the said Earl agrees to allow them Timber of the #
growth of his Plantations for Roofing and Flooring for the same #
under the direction of his Factor And they shall be obliged to #
keep and leave the said Houses in the condition beforementioned #
And to repair uphold and maintain the whole Fences and #
Gates of the Inclosures in a good and sufficent fencible condition #
during all the years of this Tack And to leave them in the like #
good and sufficent fencible condition at their removal all upon #
their own proper charges and expenses with power to the Tenant #
to claim the benefit of half Dyke with the neighbouring #
Proprietors or the Earl’s Tenants of his adjoining Farms. And #
the said James Walker Binds and Obliges himself and his #
foresaids to preserve the whole Trees planted or to be planted #
on the said Lands And in case of damage incurred by the #
tenants fault or negligence to indemnify the said Earl and his #
foresaids as the same shall be determined by neutral men #
As Also to Insure the Houses built or to be built from [loss] #
by~
David [Robertson] Williamson
James Walker

Page 7;

Transcription of page 7;

Page seventh
by fine in such Insurance Office as shall be approved of by the #
said Earl or his foresaids And to pay the premium and tax on #
the same regularly during the Lease And in case of any accident by #
fire to assign and transfer the Policy to the said Earl and his #
foresaids with power to recover the money arising therefrom #
which is to be applied in repairing the loss sustained And if this #
shall be neglected the Earl or his foresaids shall be entitled to #
take out Policies and to charge the said James Walker and his #
foresaids with the expense of the same together with the Annual #
premium and fare. As Also the said James Walker Binds and #
Obliges himself and his foresaids to pay the half or legal proportion #
of the Schoolmasters Salary [effiering] to the said lands and such other #
burdens as may be imposed on Tenants by law Declaring always #
that the said James Walker and his foresaids shall have no right or #
claim against the said Earl for any damages on account of Roads #
either public or parochial being carried through the Lands without #
prejudice however to any claim Competent against the County or #
Public funds. Declaring also that the said James Walker and his #
foresaids shall have right if requisite to the possession of the Barns #
and Barn yard until the term of Candlemas following the last crops #
for the purpose of threshing out the same And the said James Walker #
Binds and Obliges himself and his foresaids to flitt and Remove #
themselves families Servants Cattle and Effects furth and from #
the Lands Houses and [others] hereby Let at the expiry hereof #
without any warning of removing or other process of Law And #
in case he or his foresaids shall not flitt and remove themselves #
from the lands and others hereby Let at the expiry hereof but #
shall continue to possess by tacit relocation or in any other manner #
of way without a new bargain formally reduces into writing #
Then it is hereby Stipulated and agreed that so long as they shall #
continue to possess after the expiry hereof they shall be holden and #
Obliged as the said James Walker hereby Binds and Obliges himself #
and his foresaids to pay an yearly Rent of Five hundred and #
forty Pounds Sterling for the said lands and others in lieu and in #
place of the Rent herein before stipulated And that over and above #
and besides fulfilling the whole other forastations and conditions #
hereby incumbent on the Tenant. And Lastly the said James #
Hope Johnstone Earl of Hopetoun and the said James Walker #
hereby Oblige themselves and their foresaids to perform and fulfil #
their respective parts of the premisses to each other and the party #
failing to pay to the party observing or willing to observe their #
part thereof the sum of One hundred Pounds Sterling of liquidate #
penalty attour performance And they consent to the Registra~ #
~tion hereof in the Books of Council and Session or of any other proper #
courts~
David [Robertson] Williamson
James Walker

Page 8;

Transcription of page 8;

Page eighth
court for preservation And if necessary that Letters of Homing on #
Six days Charge and all other legal execution may pass upon a [Decrect] #
to be interponed hereto in usual form And Constitute

Their Procurators for that #
purpose In Witness whereof these presents written upon this and #
the Seven preceding pages of Stamped Paper by William Murrary #
clerk to John Kerr factor to the said Earl Are subscribed as follows #
[…] By the Honorable David Robertson Williamson one of the Senators #
of the College of Justice on the part of the Right Honorable the Earl of #
Hopetoun in virtue of a commission to that effect dated the Nineteenth #
day of April, Eighteen hundred and thirteen years and Registered in #
the Books of Council and Session the twentieth day of August thereafter #
At Lawers the Sixteenth day of September Eighteen hundred and #
fifteen years before these witnesses, Peter Small and James Kemp #
both his servants And by the said James Walker at Hiddlefaulds #
the twenty Second day of September and year foresaid before #
these witnesses, Thomas Cunningham his servant and the before #
mentioned William Murray ~

Peter Small – witness
James Kemp – witness
Thomas Cunningham – witness
Wm Murray – witness

David Robertson Williamson
for The Earl of Hopetoun

James Walker

Notes;

• “Tack”; a lease agreement – see http://www.dsl.ac.uk/entry/snd/tack_n2
• Martinmas & Candlemas; Scottish term days – see Wikipedia

…

Old WALKER papers – Disposition of John Lishman to Isobell Gray, his spouse

This is my seventh blog post in a series about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. See a list of these papers HERE.

Below is one of several documents from an envelope labeled “Old Wills etc. of the Walker family”, which is part of a box full of family papers that I received from my aunt at a family gathering in January 2014. The contents of this envelope all date from the 1700’s.

I have already posted those documents that are by, or speak directly about my Walker ancestors. In this, and the following documents, I am unsure of the nature of the connection to the Walker family. Please see my notes at the bottom.

This is a Disposition by John Lishman to his wife, Isobell Gray. John was a witness to the marriage contract of my ancestors; William Walker and Elizabeth Barron, in 1728.

Please click on the images to see the scans at full resolution. Transcribed text appears in a Maroon colour below each scanned image. At the bottom I’ve made some notes of my own about the document.

Cover; Transcription of cover;

Disposition and
assignation

John Lishman
to
Isobell Gray, his
spouse

======
1749
======

 155
 200
 520
 140
 220
——–
1235
 276
——–
1511

213
 63
——-
276

Page 1; Transcription of page 1;

Be it known to all men by these presents me John Lishman tenent in Craigie for as much as #
there was no contract of marriage betwixt me and Isobel Gray my Spouse the time of our ~ #
marriage that we have no children existing thereof And that the said Isobel Gray my spouse #
by her frugality and industry has been very Instrumentall in acquiring what means and effects #
we are possest of Therefore and for the love favour and affection that I have and bear to my #
said spouse and other grave and weighty considerations moving me Wilt ye me to have given #
granted assigned and disponed Like as In case she shall survive me and with and under #
the reservation and provision aftermentioned I by these presents Give grant assign and dispone #
from me my heirs executors and all others my assignoys To and in favours of the said Isobell #
Gray my spouse her heirs executors and assigneys whatsoever All and sundry debts and sums #
of money one addebted and resting or that shall be one addebted and resting to me the time #
of my decease by bond bill ticket accompt decreed paction promise or any other way whatso #
ever together with the haill voutchors and instructions of the said debts haill tenor and ~ #
contents thereof and all that may follow thereupon As also all and sundry my cropt and cornes #
of all kinds and denominations; haill Instruments of husbandry and labour with all goods gear and #
horss, nolt sheep household plenishing and furniture outsight and insight gold silver banknotes #
and all other moveables and execurtory as well heirship as others of whatsoever kind quality #
name of denomination the same be presently pertaining and belonging to me or that shall #
pertain and belong to me the time of my death Dispensing with the generality of these #
presents and declaring the same to be as sufficient valid and effectual in favours of my sd #
spouse and her foresaid As if every particular debt and haill other effects above Disponed had been #
herein specially and particularly in sort and disponed or as if the same had been disponed #
conform to a signed inventory And for that one I surrogat and substitute my said spouse and – #
her forsaids in my full right and place of the promisses for ever In case she survive me ~ #
with full power to her and them to ask crave receive intromelt with and uplift sell use and #
dispose upon the moveables and executry in my own possession and if need bees to call and #
pursue the debitors in the sums of money foresaid and to obtain decreets and use all maner of diligence #
for recoverie thereof compone transact and agree thereanent and upon payment to grant #
receipts and discharges which shall be sufficient and generally all and sundry other things #
necessary [aneul] the promisses to do and [exorce] amply and freely That I could do in my #
own lifetime or before granting this present Disposition and assignation which with #
and under the […] and provision after mentioned I bind and oblige me my heirs executors #

Page 2;

Transcription of page 2;

and successors whatsoever to warrand to my spouse and her foresaids from my own property #
fact and deed allennerly done or to be done in prejudice hereof Reserving nevertheless #
to me my own liferent use and enjoyment of the haill promisses during my lifetime #
And full and free power to me at any time or upon sickbed or the paynt of death to alter #
innovat recall or change these presents in haill or in part as freely in all respects as if these #
presents has never been made or granted But in case these presents be not so changed and #
recalled by me and be found either in my own custody or in the keeping of any other – #
person for my behoove I declare the same shall be held and repale a delivered and valid #
evident in favours of my said spouse notwithstanding of any law or practisce in the #
contrary And in that case by her using and accepting of these presents she shall be bound #
and obliged to pay and [defray] all my sickbed and funeral charges servants fees and all #
other my just and Lawful debts Consenting to the registration hereof in the books of #
Council and session or other Judges books competent therein to remain for preservation #
To which effect I constitute.
My [prors..]: In witness whereof (Written upon stamped paper by #
Robert Blair Clerk of Queensferrie) I have subscrived these presents. Att Queensferry #
the Twenty fifth ~ day of March – One Thousand Seven hundred and #
fourtie nine years before these witnesses. Edward Ramage – ye merchant in #
Queensferrie and the said Robert Blair

John Lishman

Edward Ramage, junior witness
Robt: Blair, witness.

Notes;

Craigie; a farm laying southeast of South Queensferry, and northeast of Kirkliston village.

John Lishman (Leshman/ Leishman/ Lieshman); I have found a record from the parish registers of a marriage in Dalmeny, on 4th July 1705, between John Leechman and Isobel Gray. John Leishman was a witness to the marriage contract of my ancestors; William Walker and Elizabeth Barron, in 1728. I don’t have any firm evidence for a family relationship, but a suspicion that John Leshman might be a cousin of William Walker.

Parish records for Walkers in the Corstorphine area (compiled by Norman Walker) include a marriage between a Robert Walker and Janet Leshman, on 11th June 1691. They then had one daughter, Janet, christened on 16th July 1693. Could they also be the parents of my ancestor, William Walker? And could Janet Leshman be a sister or aunt of John Lishman?

If anyone knows of evidence that can prove (or disprove) my theories here, I would be very interested to see it. If you do, please leave a comment below, or use the Contact Page to get in touch. Thanks.

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; Transcription of cover;

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

Page 1;

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;

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; Transcription 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

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 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; 

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; 

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; 

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; 

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