Old WALKER papers – Discharges from the heirs of John Lishman, to William Walker

This is my ninth 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 previously posted all those documents that are by, or speak directly about my Walker ancestors. I am now posting some documents where I am unsure of the nature of the connection to the Walker family. Please see my notes at the bottom.

This is the second of two “Discharges” to William Walker (my ancestor) from the heirs of John Lishman, and he widow – Isobell Gray. I have previously posted John Lishman’s Disposition. 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 people and places in the document.

Cover; Transcription of cover;

Discharges
the airs of John Lishman
to
Walker
——-
1754
——-

Inside, left page; Transcription of inside, left page;

I Archbald Kleland indueller in Roustoun Mains grants #
me to have receved from William Walker tennant in Hidlefolds #
full and Compleat payment of fifty merks Scots money given #
in Legacy to my spous Margraet Mitchell by Isobl Gray relex #
of the Deceesed John Lishman [lett] tennant in Craigiey and #
therfor I Archbal Cleland and my heirs do warrand this my #
discharge to William Walker and his hiers and all proseedings #
detted the 26th day of Jun 1754 years at Edn. before these #
presance and Discharges the said William Walker and #
all Proceding the [death] by me.   Archbold [Clie]

I David Lishman indueller in Eidn. grants me to have receved #
from William Walker tennant in Hiddlefolds full and Compleat #
payment of one hundred pounds Scots monie given in legacy to me #
by Isobl Gray relex of the diceesed John Lishman [lett] tennant #
in Crgiey and therfor I David Lishman and my hiers do #
warrand this my Discharg to William Walker his hiers #
and all proseedings [detted] the 26th day of Jun 1754 years befor #
thes presance and Descherges the said William Walker and #
all proceding [these] [Death] by me David his mark D Leshman

Inside, right page;

Transcription of inside, right page;

I Isoble Alexander spous to the discesed Andreu Lonnie #
indueller in Ednburgh grant me to have receved from #
William Walker tennent in Hiddlefolds full and Compleat #
payment of fifty merks Scots given to me in legacy by Isoble #
Gray relex of the diseced John Lishman Lett tennant in Craigiey #
and therefor I Isoble Alexander and my hairs do warrend this my #
Discharg to William Walker and his hairs and all prosidings #
dated the 26th day of Jun 1754 years at Edinburgh before #
thise presane and Discharge the said William Walker and #
all Proceding the [Death] by me Isoble her mark x x Alexander

I Jean Alexander spous to the dicised Thomas Jack #
indueller in Whithous grants me to have receved from #
William Walker tennant in Hidlefolds full and #
Compleat payment of fifty merks Scots given to me in #
legacy by Isobel Gray relex of the dicesed John Lishman #
Lett tennant in Craigie and therfor I Jean Alexander and #
my hiers do warend this my Discharg to William Walker #
and his hiers and all prosedings deated the 26th day of #
Jun 1754 years at Edn. befor these presenee #
and Discherges the said William Walker and all Proceding thes #
Death by me – Jean – her mark x x Alexander.

Notes;

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

Roustoun Mains; is (I think) Royston Mains, in the Granton area of Cramond, Edinburgh.

Whithous; this might be where Whitehouse Road is, in Cramond, Edinburgh.

People;

Searches of the IGI transcriptions of parish registers reveal some extra details about some of the people named in this document;

Archibald Cleland (or Kleland) married Margaret Mitchell at Kirkliston, on 18th Oct 1729. See HERE. They appear to have 6 children christened at Kirkliston, between 1730 and 1747. See HERE.

Andreu Lonnie and Isoble Alexander; The IGI has two remarkably similar records –

• Andrew Aucherlonie m. Isabell Alexander, at Cramond, on 16th May 1719.
• Andrew Auchterlony m. Isabel Alexander, at Saint Cuthberts, Edinburgh, on 3rd Jun 1719.

These two records are so alike that I think they must be for the same couple. Andrew and Isobel also appear to have 6 children, christened between 1720 and 1735; the first in Corstorphine, and the rest at St Cuthberts, Edinburgh. See HERE.

Thomas Jack and Jean Alexander married at Corstorphine on 30th May 1723. They too appear to have had 6 children, christened between 1724 and 1739; the first at Corstorphine, and the rest at St Cuthberts, Edinburgh. See HERE.

There are presumably family relationships between all these couples, and the other individuals named in this document. I presume that Isobel and Jean Alexander were sisters. But in most cases I have yet to work out what the relationships were exactly.

Old WALKER papers – Discharge from Thomas to James Walker – 1766

This is my third blog post in a series about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. I will compile 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. This one is the “Discharge” from Thomas Walker to his older brother James. This is in response to the “Disposition” (Will) of their father, William Walker (dated 1763) which I have previously posted -> HERE.

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;

Discharge from
Thomas to
James Walker ___

Inside; Transcription of inside;

I Thomas Walker tennent in Overtown and second son of #
William Walker tennent in Hiddelfolds whereas my said #
father by his latter will Dated one thousand seven hundred and #
sixty three years did verbely give to me and put me in possesion #
of the whole stocking Corns Cattle and utincels belonging to the #
said farm of Overtown as also the household plenishing as the whole #
of the above was then possesed by himself and that in Lieu and in #
full of my Receipt Declaration or Discharge for the same and my #
said father and my Brother James Walker Being now [Desir-] #
[-cous] that in Consideration of the premises I should give them the #
Discharge underwritten.

I therefor by these presents Exoner and discharg the said William #
Walker my father and the said James Walker my brother and #
there hairs Executors and successors of all further Claim or Dema- #
nd that is or may be Compelant to me against them or either #
of them Either in my said father’s lifetime or att his Death as #
portion natural Excutor or any other manner of way.

And consents to the Regestration hereof in the Books of #
Council and session or any other juges book Competant therein #
to Remain for preservation and thereto I Constitute —

My […] in witness #
whereof I have written and subscribed ther presents on stamped #
paper att Muristown the fourtenth day of June one thousand seven #
hundred and sixty sis years before these witnesses William Flint #
tennant in Muristown and James Bachon Wiright in Elestermure #
-house

Thomas Walker

William Flint, witness
James Bachon, witness

Notes;

Locations;

I’m not sure where Muristown or Elestermure are! The spellings are doubtful! I suspect that the “mure” in each name might actually be “muir” (which is common in the area). “Muristown” might perhaps be “Murieston”, laying south of Livingston, between Mid & West Calder! It anyone can help to decipher these names, please get in touch. Leave a comment below, or use the Contact Page to get in touch.

Family;

James Walker (named above) married Janet Flint in May 1766 (one month before the date of the document above). Might the “William Flint”, named as a witness above, be a relation of Thomas Walker’s sister-in-law? (I don’t know!)

 

 

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

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

If you can help with the transcription of these documents please get in touch.

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

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

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

OLIPHANT papers; envelope 2; document 8;

Cover; Transcription of cover;

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

Page 1; Transcription of page 1;

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

Page 2; Transcription of page 2;

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

Page 3; Transcription of page 3;

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

Page 4; Transcription of page 4;

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

Page 5 (inside cover); Transcription of page 5;

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

Simon Dempter, witness
Alex’r Thomson, witness

Christian Beveridge
George Beveridge
Janet Oliphant
Rob’t Oliphant

Notes on terms used in the text;

• “infeft” (top of p.2); Collinsdictionary.com/infeft
• “sasine” (top of p.2); Wikipedia.org/Seisin
• “jus mariti” (p.2); Legal-Dictionary/Jus-mariti
• “Procuratory of Resignation” (top of p.3); TheLawDictionary.org/procuratory-of-resignation
• “simpliciter” (bottom of p.3); Dictionary of the Scots Language / simpliciter