Tag Archives: father

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.

IMG_7620-edBelow 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.

IMG_9490-croppedPlease 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; Discharge_Thomas-to-James-Walker_cover_300dpi

Transcription of cover;

Discharge from
Thomas to
James Walker ___

Inside; Discharge_Thomas-to-James-Walker_page-1-ed_300dpiTranscription 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!)

 

 

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OLIPHANT papers – Betty or Elizabeth BAXTER

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

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

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

See 2 more, closely connected documents (with additional notes) HERE and HERE.

OLIPHANT papers; envelope 1; document 10;

Cover; cover_Betty-Elizabeth

Transcription of cover;

Betty [or] Elizabeth BAXER

Inside – attached certificate; inside_attached-cert

Transcription of attached certificate;

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

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

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

Inside – side 1; inside_side1_ed

Transcription of side 1;

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

Inside – side 2; inside_side2-reverse_ed

Transcription of side 2;

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

Notes on terms used in the text;

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

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

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

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

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

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

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

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