This is one in a series of blog posts about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. You can see a list of these papers HERE.
Photo of John Johnston WALKER, taken (I think) shortly before he left for New Zealand in 1869.
Having mentioned him, and included his photo, in a previous piece, I want to post a bit more about this 2x Gt-Uncle, John Johnston WALKER. To my present knowledge, at least on the WALKER side of my family, John is the closest relative to my direct ancestry (i.e. a son/daughter, brother/sister, uncle/aunt) to have emigrated from the British Isles.
What little I know about him is mostly contained in the WALKER family history, first written by my Granddad (John’s nephew) in the 1950’s. I copy the little section written about John, here;
John Johnston Walker was born 21st January 1848. He went to New Zealand in 1869 [aged 21] and was manager of a large Sheep Station at Edendale until 1877, when he decided to start on his own, and took up a virgin block of land on the Otamakapua Block. In 1891 he went to Feilding to have treatment for a severe attack of fever and was treated by a Doctor Charlton without success, and died on 19th November 1891. On his retirement from the sheep station, where he was most popular, he was presented with a very handsome gold watch and chain.
I’m not 100% sure about the locations mentioned, particularly “Edendale”, of which I can find 3 identified places with that name, around New Zealand! (Search for “Edendale”, HERE)
On a trip to New Zealand in 2013, my uncle, David, visited Feilding and took the following photos (note; these are scans of the prints I have from him);
Hotel in Feilding town centre
Entrance to Feilding Cemetery
Gravestone of John Johnston WALKER
Colse-up of John Johnston WALKER’s gravestone
The gravestone at Feilding cemetery reads;
“In Memory of
John J. Walker,
born at Kilpunt, Linlithgowshire,
Scotland.
Died at Feilding, N.Z., 19th Nov. 1891,
Aged 44 Years”
John’s death is also recorded on a gravestone in Kirkliston churchyard, West Lothian, Scotland, along with his parents, infant brother, and 3 of his sisters.
I have found just one document about John Johnston WALKER among the WALKER family papers; a letter home from him, responding to news of his father’s death in 1881. (See below for transcription and notes).
Page 1; Transcription of Page 1 (right side);
Lyndhurst* July 15th 1881 My Dear Mother, I am in receipt of ~ Tom’s letter conveying the ~ sad news of my Father’s death. ~ It is certainly a very solemn ~ [invitation] we have received ~ from Him with whom we ~ have to do. I feel the loss ~ very much for your sake ~ & for mine but we must ~ bow ourselves submissively ~ before Almighty God and ~ say ‘Thy will be done’.
Regarding the estate of ~ my late Father, I do not ^[think] it ~ would be prudent to advise ~ you, as I lack a knowledge ~ of circumstances. One thing ~
Page 1 (left side);
and that is ? would Kilpunt ~ be worth keeping seeing so ~ much money has been lost ~ by farming it of late years. ~ So far as I am concerned ~[treat] me as if I was not, at ~ the same time if I can help ~ you in any way depend upon ~ me. I too have lost [heavily] ~ at farming. two years ago – ~ £800 went. but what of ~ that.
If Tom is inclined to farm the ~old place so as to keep the ~ family together let him do ~ so. But before [signing] any ~ lease, don’t forget to be pre~pared against foreign com~petition.
Now Tom*, I as your elder ~ brother would kindly advise
Page 2; Transcription of Page 2 (left side);
to look well to our Mother’s ~ ## comfort & happiness & ~ also to that of our sisters. ~ Don’t go hunting, or pleasure ~ seeking, but seldom: remem~ber we must try to discharge ~ our late Father’s debts, for ~ I think it is a duty of ours ~ if we com by [God’s] help ~ perform.
Some one here sent word ~ I was ill. He was mistaken ~ I kindly bid you ad[..] ~ [m…le_] Am writing in ~ haste to post for mail_
Yours Aff-ly J. Walker P.S. Will write next mail for sure___ put in [p…ite] for me
Page 2 (right side);
address as formerly-
*Notes; I’m not sure of the location given at the top of the letter! There is a “Lyndhurst” west of Christchurch, on the east side of South Island. (See NZ Topo Map ).
* “Tom” – was John’s youngest brother; Thomas George WALKER (my Great-Grandfather).
Searching the internet, I have found two other documents of interest;
This morning there died at Buckingham Palace, (Mr Worsfold’s boardinghouse). a settler named John Johnston Walker, who was one of the first selectors on the Otamakapua Block. Some months ago he came to Feilding for medical treatment as he was suffering from fever. Dr Charlton was unremitting in his attention and managed to cure his patient so far, but Mr Walker suffered a relapse, and lung disease rapidly developed. From the beginning Dr Charlton held ont no hopes of recovery, and the deceased was quite prepared for the fatal termination of his complaint. Mr and Mrs Worsfold showed every possible kindness and provided all that was necessary to insure the most perfect comfort of the invalid. The funeral will take place tomorrow at 10:30 am.
Second; in just the last few days (Dec. 2016) I’ve found details of John Johnston WALKER’s Will in New Zealand’s Probate records, available through FamilySearch.org. (I am unsure of FamilySearch’s copyright policy, so I won’t copy the images here! But I will add links to the page images – please click on the numbers – and I type up my own transcription of the text);
A This is the last Will and Testament of me ~ John Johnston Walker of Otamakapua in the ~ Provincial District of Wellington and Colony of ~ New Zealand. Farmer. I appoint Ernest Albert ~ Barton of Feilding in the Provincial District of ~ Wellington, Bank Agent (hereafter called “my ~ Trustee”) to be the Executer and Trustee of this ~ my will. I give devise and bequeath the ~ whole of my Real and personal property of ~ whatsoever nature or kind and wheresoever ~ situate including amongst other things my ~ interest in a perpetual Lease, moneys at the ~ Bank on deposit and open account into my ~ Trustee Upon trust that my Trustee shall sell ~ call in and convert into money the same or such ~ part thereof as shall not consist of money and ~ shall with and out of the monies produced by ~ such sale calling in and conversion and with ~ and out of such part of my personal Estate as ~ shall consist of money pay my funeral and ~ testamentary expenses and debts and shall stand ~ possessed of the residue of the said monies in ~ [burial] for my Uncle Thomas Johnston* of No.25 ~ Athol Gardens*, Glasgow, Scotland absolutely.
In Witness whereof I have to this my last Will ~ and Testament – set my hand this twenty fourth ~ day of September one Thousand Eight hundred ~ and ninety one.
Signed by the above named John ~ Johnston Walker as his last Will ~ and Testimony in the presence of ~ us both being present at the ~ same time who at his request ~ in his presence and in the ~ presence of Each other have ~ here[unto] subscribed our names ~ as witnesses.
This is the paper [w…] marked “a” referred [to] in the ~ Affidavit of Ernest Albert Barton […] this 29th day of ~ December 1891 Before me ~ […(signature)…] ~ A Solicitor of the Supreme Court of New Zealand.
In addition to the Will, there are 7 further images of related Supreme Court documents, which are worth a look at, but which I won’t transcribe here because they seem to yield few additional details of note!
*Note; “John JOHNSTON” was a brother of John Johnston WALKER’s mother, Margaret. I think that “Athol Gardens” might be “Athole Gardens, Glasgow, G12 9BQ”
I would be interested to find more details about John Johnston WALKER; like where he lived/travelled in New Zealand, and the passenger records for when he moved out there in 1869 (which I’ve started having a little look for, but not yet found anything!).
If you know of anything more about John Johnston WALKER, that you could direct me towards, then please leave a comment below, or use the Contact Page to get in touch. Thanks.
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 AFamilyHistoryBlogHERE.
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
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
“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.
This is one in a series of blog post about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. See a list of these papers HERE.
This inventory, dated “August 1840”, appears to have been made following the death of John Walker (my paternal 3x Gt-Grandfather).
John was born in Kirkliston on 13th January 1772, and married Isobel Neil in May 1816. Following the death of his parents in 1817, John continued to farm at Hiddlefaulds, in Kirkliston parish, where his father had agreed a new 19 year lease in 1813.
It appears that at some point, during John Walker’s time, the family took on the tenancy of the neighbouring farm at Kilpunt. Post Office Directories from the time, still name “John Walker” as living at Hiddlefaulds, circa 1843, with a Mrs Keir at Kilpunt. But by the time of the 1851 census, John Walker’s son, James, is living at Kilpunt.
Hiddlefaulds & Kilpunt shown on Ordnance Survey map, 6 inch:1 Mile, 1st edition, Linlithgowshire – Sheet 6, published 1856. (click image to link to the map at http://maps.nls.uk )
(Click HERE for a modern Google Maps view of the same area.)
Here is a close-up of Hiddlefaulds from the 25 inch to 1 Mile map of the same date;
Hiddlefaulds on Ordnance Survey map, 25 inch:1 Mile, 1st edition, Linlithgowshire Sheet VI.15, published 1856. (click image to link to the map at http://maps.nls.uk )
The document below appears to be the only evidence that I have for the date of John Walker’s death. So far I have been unable to find a tombstone for him, or for his wife, Isobel, who I believe died in 1860.
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;
Inventory and Appraisment of Effects on Hiddlefaulds and Kilpunt which belonged to the Late Mr Walker 1840 =======
Page 1; Transcription of page 1;
Inventory and Appraisment of Effects on # Hiddlefaulds and Kilpunt which belonged to # the late Mr Walker farmer at Hiddlefaulds # August 1840
Dining Room
£ /s /d
1
7 Chairs at 5[.]
1 /15 /-
2
1 Dining table
– /15 /-
3
[…] & […]
– /5 /-
4
2 […] […]
– /3 /-
5
2 Bottles with a little Whisky
– /8 /-
6
12 Tumblers & 12 Glasses
– /10 /-
7
3 […] pots & [set] of china
– /10 /-
8
2 […] […]
– /1 /-
9
2 salt dishes & 2 mustards
– /1 /6
10
6 Toddy Ladles
– /3 /6
11
1 [Doz*] small plates
– /1 /6
12
1 Jar with a little Whisky
– /2 /6
13
Old […]
– /- /6
14
A [looking] Glass
– /5 /-
15
A Barometer
– /6 /-
16
2 [arnamentats]
– /7 /-
17
Carpet & Hearth rug
– /- /6
18
Portrait
– /1 /6
19
Chest of Drawers
1 /10 /-
20
2 [kinfe] […]
– /7 /-
21
[First] [bed] Room
22
2 [bed] [Ticks]
– /12 /-
23
3 old chairs
– /5 /-
[carried forward]
£ 8 /10 /6
Page 2; Transcription of page 2;
[First] Bed Room continued Brought over
£8 /10s /6d
24
1 Round Table
– /3 /-
25
[Basin] [Stand] [..]
– /1 /6
26
[brumb] cloth
– /2 /-
27
A [Map]
– /2 /-
28
[Fishing] [roll]
– /- /3
29
An old Wardrobe
– /6 /-
30
2 Close beds
– /15 /-
Milk House
31
Milk House & dairy [utensils]
1 /10 /-
32
5 [Doz*] bottles
– /7 /6
33
1 load Oat meal
2 /5 /-
Eastern Bed Room
34
2 small boxes
– /3 /-
35
2 knife boxes
– /2 /-
36
4 old chests
1 /10 /-
37
20 [pair] home made Blankets
5 /- /-
38
20 – [shawers] (ditto)
3 /10 /-
39
40 [pair] sheets
10 /- /-
40
2 [Doz*] Towels
– /3 /6
41
6 Table cloths
2 /2 /-
42
Bed Tick with [Bobles] and Pillows
– /12 /-
Servants Bed Room
43
1 [common] [bell] with [curtains]
– /9 /-
44
1 old [B…] […]
– /2 /6
45
[B…] & [Chese] in [Ditto]
– /4 /-
46
Trunk
– /5 /-
47
Box
– /2 /3
48
2 [sheets] of Wollen [fam]
– /3 /-
49
3 (ditto) Linen
– /4 /6
50
2 (ditto) Tow
– /3 /-
51
2 old Band Bales
– /9 /3
52
1 ” [Hardrefer]
– /5 /-
53
1 ½ [Doz*] [bottles]
– /2 /3
[carried forward]
£39 /6 /-
Page 3; Transcription of page 3;
Servants Bed Room continued
£39 /6s /-d
54
2 pair Brass Candlesticks
– /7 /6
55
1 small Copper kettle
– /2 /6
Parlour
56
old Sofa
– /3 /-
57
6 old chairs
1 /4 /-
58
[…] cloth and Rug
– /3 /-
59
1 small Mahogany Table
– /12 /-
60
1 — Common — (ditto)
– /2 /-
61
[Grate] & [Fire] Irons
– /3 /6
62
small round Table
– /1 /-
63
2 [close] [Beds]
– /9 /-
64
2 [Bed] [Ticks] with Bolsters & Pillows
– /18 /-
65
[Bed] covers
– /12 /-
66
[Tea] Trays
– /3 /-
Lobby
67
1 Old eight day clock
1 /- /-
68
A Gun
– /8 /-
69
3 Saws
– /3 /6
70
Old crockery
– /3 /-
71
2 [Doz*] knifes & forks
1 /7 /-
72
2 ” kitchen spoons
– /4 /6
73
1 ” […] (ditto)
– /4 /6
74
1 ” silver Tea spoons
2 /2 /-
75
1 pair sugar Tongs
– /3 /6
Horse Harness & Implements of Husbandry
6 sets cart & Plough harness
6 /- /-
1 set old harness
– /10 /-
1 […] & Riding Sadle
1 /10 /-
2 Old [briads]
– /1 /6
Straw Barn
1 […] chest
– /5 /-
14 Hoes
– /7 /-
[carried forward]
£58 /16 /-
Page 4; Transcription of page 4;
Straw Barn continued
£58 /16 /-
4 Rakes
– /3 /-
2 [Forks] & 1 […]
– /3 /-
1 Large Hammer
– /2 /-
7 Bays with corn dust
– /10 /-
30 Empty Bays
2 /- /-
3 Stands Hay Ropes
– /12 /-
1 Old Thrashing Mill
5 /- /-
1 pair [Fanners]
1 /5 /-
2 [Thrashing] Tubs
– /6 /-
1 [Firm]
– /- /6
Boiler House
1 Boilers
1 /5 /-
3 [Grapes]
– /4 /6
1 Broken Table
– /- /9
Live Stock
7 Work Horses
77 /- /-
1 Riding – (ditto)
18 /- /-
4 Milk Cows
36 /- /-
4 – [2] year old [stots]
42 /- /-
15 – Milk calves
9 /- /-
2 – 1 year old (ditto)
3 /- /-
2 – 1 year old colts
14 /- /-
Kilpunt
Manure in Court Yard
6 /- /-
3 Broad Swine
2 /5 /-
16 pigs
4 /- /-
2 [..akes]
– /2 /6
1 Turnip barrow
– /4 /-
1 Thrashing Mill
30 /- /-
1 Pair [Tanners]
3 /10 /-
[N..les] & other Barn utensiles
– /15 /-
6 [blon] Carts
27 /- /-
3 Pair wood Harrows
1 /7 /-
[carried forward]
£344 /11 /3
Page 5; Transcription of page 5;
Brought forward
£344 /11 /3
3 Wood Ploughs
2 /2 /-
1 Iron Plough
1 /10 /-
1 Grubber
1 /1 /-
1 Wheel barrow
– /4 /-
3 Thraw crooks
– /1 /6
2 Stone Rollers
1 /5 /-
3 Ladders
– /9 /6
Old Straw
2 /10 /-
1 Water Barrel
– /7 /6
Manure at Hiddlefaulds
2 /5 /-
2 Hand barrows
– /2 /4
5 Geese
– /10 /-
1 [Doz*] [Fowls]
– /15 /-
1 old cart frame
– /2 /6
Growing Crops at Hiddlefaulds, and Kilpunt_
14 Acres
Barley
84 /- /-
11 “
Oats
88 /- /-
11 “
Turnips
99 /- /-
8 “
Oats
68 /- /-
8 “
Barley
60 /- /-
2 “
[Tares]
10 /- /-
4 “
Potatoes
38 /- /-
10 “
Wheat
80 /- /-
7 “
(ditto)
66 /3 /-
2 “
(ditto)
18 /- /-
7 “
Barley
64 /15 /-
5 “
Oats
37 /10 /-
1
Old Bean Stalk
3 /- /-
4
Loom Carts
4 /4 /-
£1078 /8 /7
[Gwrril]
Page 6; Transcription of page 6;
[I] [wrrie] 31st August 1840. All the articles # writen upon the Five preceeding pages have # been inspected and appraised by me # licenced Auctioneer here, for the purpose of # asertaining the legacy duty, and to the # best of my Judgment this is a fair # valuation amounting to One Thousand # and Seventy eight pounds eight shillings and # seven pence Sterling. Robert Gray.
Notes;
* “Doz” ; I think means a “dozen” (or 12).
The only item in this inventory that I believe I can identify with any certainty is the “Old eight day clock”, in the Lobby (no.67, on p.3). I can’t confirm the age of this clock! But it is said to have been passed down the Walker family line since William Walker (who married Elizabeth Barron in 1728).
This is my tenth 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 Disposition is by John Samuel, in Newhouses – which is a near neighbour to the west of Hiddlefaulds, and southwest of Kilpunt. I don’t know of any direct family relationship to my Walker family. As far as I can tell, the Samuel and Walker families were just neighbours.
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;
Disposition John Samuel To Spouse & Children ====== 1798 ======
Page 1; Transcription of page 1;
Know all Men by these presents me John Samuel # Wright in Nuehouses Kinpount having resolved to # setle my Means and Effects in my own Lifetime # So as to prevent All Contraversies thereanent after # my decease Do therefore by these presents for certain # considerations me moving Asign Dispone & make # over from me and all others my heirs and successors # To and in favours of Janet Black my spouse In # Liferent for her liferent use only / Incase she survives me /# and continues my widow and To John, Thomas, Walter, # Marion, and Elizabeth Samuels my children of my first # marriage to each of them One Pound Sterling # at the first term of Martinmas or Whitsunday # after her decease and To Henry, David and # Margaret Samuels my Children of the present, # Existing mariage all Goods Gear debts & sums of # Money Corns Cattle outsight & insight and Every Other # thing of what ever kind presently pertaining & belonging # adebted & Owing to me or which shall pertain & belong # and be addebted & Owing to me the time of my Decease # by what ever Person or persons Dispensing whth # the Generality hereof and Admitting these presents to # be as valid and Effectual to all Intents & purposes # As if every particular hereby conveyed were herein # ingrossed reserving Nevertheless to my self my life:- # -rent right of the premissice & full power & Liberty # to use and dispose thereof at pleasure and to alter or # Inovate these presents in whole or in part as I shall # think proper Surrogating & substituting My said spouse # and Children according to their respective rights # and Interests of Liferight and fee above mentioned # with and Under the faculty & reservation foresaid / in # my full right & Place of the Promissies / with / #
John Samuel
Page 2; Transcription of page 2;
Page second
with power to them respective According to their # said rights Immediately after My Death to Intromit # with use and dispose upon the whole subjects hereby # conveyed and generally to do every other thing # Anent the premissies as fully & freely in all respects # as I could have done myself in my lifetime and # I hereby nominate and Appoint Henry Black resident # at Burnside & John Black, gardener at Kinpunt sole # Executors of this my Will & Testament And I hereby # Declare that these presents shall be a Good and Valid # Deed in their ffavours Tho found lying by me at my # Death of found in the custody of any other Person # In case it is not altered be me by another deed # Consenting to the registration hereof in the Books # of Council and Session or any Other judges books # competent therein to remain for preservation there # Letters of [Homing] and all other Execution needfull # My pass hereon in form as Effeirs And these to # ——- [constitute] My # Prorators I witness whereof I have subscribed these # presents written upon this and the preceeding page # of Stamped paper by John Miller schoolmaster # of Uphall at Newhouses Kinpount this fifteenth # day Of October, One thousand Seven hundred and # Nintey Eight years before these witnesses # James Walker, farmer at Hiddlefaulds and # the said John Miller, writer hereof —
John Samuel
James Walker, witness John Miller, witness —
Notes;
Nuehouses (or Newhouses); lay on Newhouses Road, about where “The Astor” now sits – just north of the M8 motorway. It was west of Hiddlefaulds, and southwest of Kilpunt (“Kinpount”).
Searching the IGI transcriptions of parish registers suggests that John Samuel first married Marion Fraser, in Kirkliston on 10th Dec. 1757, and had the following children christened;
John Samuel – chr. 11/4/1760
Thomas Samuel – chr. 6/12/1761
Walter Samuel – chr. 28/5/1764
Jean Samuel – chr. 28/8/1768 (might this be the “Marion” named in the document above?)
Elizabeth Samuel – chr. 2/5/1773
The IGI then shows the marriage between John Samuel and Janet Black, in Kirkliston on 10th Dec. 1785. They had the following children christened;
Henry Samuel – chr. 6/5/1787
David Samuel – chr. 17/1/1790
Margaret Samuel – chr. 25/3/1792
If you could shed any more light on the family of John Samuel in Newhouses, Kirkliston, please leave a comment below, or use the Contact Page to get in touch. I would be particularly interested in anything more that might show the relationship between the Samuels, and the Walkers in Hiddlefaulds. Thanks.
Among WALKER family papers there is a fabulous, printed family tree titled “GENEALOGICAL CHART OF THE JOHNSTON FAMILY, BATHGATE”. This tree begins with James JOHNSTON, “at and previous to the year 1692. Farmer (at) East Mains of Ballencrieff, Dykeside, and Nethermuir, Bathgate (West Lothian)”, and his wife; Elizabeth SMITH.
Ballencrieff, Dykeside, and Nethermuir are farms that lay just north of the town of Bathgate.
The tree covers 7 generations of the JOHNSTON family and their descendents. It appears to have been compiled by an Alexander CUTHBERT, who had married into the JOHNSTON family in 1888. Although no date is given for when this tree was compiled, the last date it contains is the death of a John JOHNSTON (a banker in Bathgate) in October 1906.
(Google Books has an entry for this publication HERE, giving a publication date of 1909.)
While the earlier generations were farmers, the tree shows that (partly through marriage) some in subsequent generations became involved in printing and publishing in Falkirk (owners of the Falkirk Herald newspaper and the origins of the Johnston Press), and in banking in Bathgate.
I have scanned this tree (see image below). The tree is on a large sheet – 26 ¼ x 16 ½ inch (66.8 x 41.8cm), so this image is a combination of 6 x A4 scans stitched together in Photoshop.
Please click on the image to view the scan at full resolution.
A full “Genealogy report“, containing additional details about people.
Most of the information in these files comes directly from this original printed tree. Some of this is collaborated by other family documents. I have also done my best to check it against records that are accessible on microfiche, or in a transcribed form online (e.g. parish registers, censuses, etc.), and to add any extra details that I find from those sources.
This tree forms part of my WALKER ancestry which you can find out more about HERE.
If you share a connection with this tree, please do leave a comment below, or get in touch via the Contact page.
John’s death is also recorded on a gravestone in Kirkliston churchyard, West Lothian, Scotland, along with his parents, infant brother, and 3 of his sisters.
Transcription of Page 1 (right side);
Transcription of Page 2 (left side);
A Family History Blog 