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

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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

OLIPHANT papers – Memo re. Henry OLIPHANT, by his settlement

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This is one of several documents relating to the estate of Henry Oliphant.

OLIPHANT papers; envelope 2; document 3;

Memo;

Transcription of memo;

[Memo]
[In] Henry Oliphant by his settlement directed #
his Trustees to [buy] out £800 [upon] good heritable or personal #
security for [behoof] of each of Mrs Beveridge & Mrs Rob’ #
Oliphant taking [bonds] for the same payable to each #
in life rent and to the Children [procreated] or to #
be [procreated] of their bodies equally amongst them #
share & share alike in fee exclude the fees […] #
of [mrs] Beveridge & [Mrs] Oliphant [..] #

My opinion is that the most simple and #
the best mode for the Trustees to carry the […] #
of the [trustee] into effect is that each of [Mrs] Beveridge & #
[Mrs] Oliphant should grant bonds either heritable #
Bonds or personal bonds with one or two responsible persons #
as sureties for the £800 these Bonds to be Conceived #
in the terms directed by the settlement; the Ladies #
with the consent of their husbands respectively #
beclaring that the security for the £800 [so] granted #
is accepted of in full of all they can ask or claim #
through their fathers decease or the decease of #
their mother or their Grandfather by the Mothers #
side in any manner of way.

The security ought to be such as the Trustees #
or any other prudent man [could] be inclined to #
accept of were it their own money they were #
laying out.

Signed, A Forsyth
Edinburgh, 3rd December 1821

OLIPHANT papers – Mr Hy. OLIPHANT Estate

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

OLIPHANT papers; envelope 1; document 8;

Front page;

Transcription of front page;

Mr H[enr]y. OLIPHANT Estate,
Heritable Property – £3100 –
. Shipping    –   4150 –
. cash    –   3168 –
[supposed dividend on …]    –    300 –
———
10,718 –

[Deduct …] of An[n]uity of           .
£120 [a] year for Mrs. O […]           .
[…] 10 [years] [purchase] […] 1200
9518
amongst […] 9 children – 1057 [each]

 […] […] [of] [the] […] [support] [to] […] – £10,700 –
off the whole Heritable property £3100
Mr O [annuity] of £80 [a year] – 800 –

3900
6800

[lain] of the children of the first wife
[…] the father [at] his […] […] […]
only […] […] £600 –

– 820 –
5980

[To] [each] of the eight children in the [way] […]
[first] [wife] [..] get cash – £747
[of] [the] half of [the] [sum] [of] £820 – 820

£1157

Back page;

Transcription of back page;

Should the [Heir] […] [the] [Heritable] [property] # [he] [must] – [….] [for] [the] […]

[Supposing] [this] […] […] (law) [the] [day] […] [by] […] # […] […] […]

OLIPHANT papers – Note of A. ANDERSON at the Glasgow Bank

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Attached is a .pdf of the Descendants of Henry OLIPHANT (b. 1741), which I hope helps to explain the relationships in the document below.

George BEVERIDGE, Robert OLIPHANT, William THOMSON, and Alexander ANDERSON, were all sons-in-law of Henry OLIPHANT. Robert was also Henry’s nephew.

Robert OLIPHANT (Jr), Henry, William and James OLIPHANT, were the surviving sons of Henry OLIPHANT, by his second wife, Janet HUTCHISON (or HUTCHESON).

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

OLIPHANT papers; envelope 1; document 6;

Cover; 

Inside;

Transcription;

Note of Mr A. Anderson […] at Glasgow Bank
1827 – May 1st; Principal sum due at Bank […] Note ; £1045 –  2s – 8d ;  —- . —- . —-
Interest calculated up to 15 May ; £45 – 13s – 4d ;  —- . —- . —-
—————- ; ——————
£1090 – 16s – -d ;  —- . —- . —-
one half of which is ; —- . —- . —- ; £545 – 8s – -d

Mr Geo[rge] Beveridge’s one eighth prop[ortion] ; £ 68 – 3s – 6d ;  —- . —- . —-
Rob[ert] Oliphant’s —-“—- —-“—- —–“—– ; £ 68 – 3s – 6d ;  —- . —- . —-
Mr Thomson’s  proportion  ; £ 81 – 16s – 2 7/8d ;  —- . —- . —-
Rt. (Robert) Oliphant [Jr]’s  ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Henry Oliphant’s heir’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Wm. (William) Oliphant’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
Ja. (James) Oliphant’s   ——-“——   ; £ 81 – 16s – 2 5/8d ;  —- . —- . —-
================ ; —————–
; £545 – 8s – -d

Mr Ferguson gave up to Mr Anderson the [composition] of £3/6 […]
upon this one half of the cash acc[ount] but […] it [and] upon the
understanding that his friends would do the same in order to
benefit his family. Rob[ert] and Wm. (William) Oliphant have no [obligations]
as to this altho they will be under the [necesity] of [paying] Mr Thomson’s
proportion without the [smallest] chance of [over] […] [back]
a farthing as he [has] [not] the means Mr […] [states] that
Mr Ferguson would be ready with his half at [Whit sunday]
and it is […] able that a settlement should be made
finally at that [point] as in the [care] of his death [are]
Bank[…] [happening] amongst the [parties] it [will]
become much [harder] generally – The allocating of the
[composition] […] […] it is [de…able] to […] […]
it will be allo[acted] –

OLIPHANT papers – the late Mr Henry OLIPHANT; Property

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

OLIPHANT papers; envelope 1; document 3;

Cover;

Transcription of cover;

The late
Mr Henry
Oliphant
Property

Inside;

Contents of inside page;

A number of figures, some presumably values of property. Total sum; £10,138.

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

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

OLIPHANT papers; envelope 1; document 1;

Cover; 
Transcription of cover;

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

Enclosed letter by John PEAL; 

Transcription of letter;

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

——————————————–

Edin[burgh] , 6^th April 1789

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

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

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

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

Page 1; 

Transcription of page 1;

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

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

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

Page 2; 

Transcription of page 2;

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

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

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

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

Page 3; 

Transcription of page 3;

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

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

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

It may be proper to notice further …

Page 4; 

Transcription of page 4;

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

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