Tag Archives: marriage

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

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

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.

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

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

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; Disposition-of-John-Lishman_1749_cover_300dpiTranscription of cover;

Disposition and
assignation

John Lishman
to
Isobell Gray, his
spouse

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

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

213
 63
——-
276

Page 1; Disposition-of-John-Lishman_1749_page-1_300dpiTranscription of page 1;

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

Page 2; Disposition-of-John-Lishman_1749_page-2_300dpi

Transcription of page 2;

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

John Lishman

Edward Ramage, junior witness
Robt: Blair, witness.

Notes;

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

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

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

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

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Old WALKER papers – Contract of marriage betuext William Waacker and Elizabeth Barron

This is the first in a series of posts about old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. I will compile a list of these papers HERE.

IMG_7620-edIn January 2014 (just after I began this blog), I came home from a family gathering with an old wooden box from my aunt, stuffed full of old WALKER family papers. Many of these papers date from the 1800’s and early 1900’s. But I’m going to start by posting the contents of one particular envelope – labeled “Old Wills etc. of the Walker family”. The contents of this envelope all date from the 1700’s, and I’m going to start with the oldest document of them all – probably the oldest of any document that I’ve yet handled. It’s a marriage contract is dated “17th May 1728”.

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. Then there are some notes of my own at the end.

Cover; Marriage Contract cover_300dpiTranscription of cover;

Contract of mariage
betuext

Wiliam Waacker
and
Elizabeth Barron

Page 1; Marriage contract - William Walker & Elizabeth Barron - page 1 - 300dpiTranscription of Page 1;

At Carshall the seventeen day of may on[e] thousand seven hunder and #
tewentie eight years it is appointed matrimonially contracted —- — #
and finnally ended betuext the parties following they are to say William #
Waacker in Punchunla, he for himself
     and Elizabeth Barron, lafull daughter to the deceast Thomas #
Barron in Carshall with special advice and consent of her sd brother Thomas #
on the other part in manner following that is to say ye sd William Waacker #
and Elizabeth Barron have accepted & be their presents accepts and take each other #
to be their lawfull spous & faithfully promises to solemnieze the mariage with all #
conveninl speed & sollemneity requisit in Contemplation of the which #
mariage the sd William Waacker hereby binds & oblidges him his heirs execur- #
-or succors To provid and have in readiness of his oun proper means & effects all and #
haill the soume of four hundereth — — — merks scots money & [shail] #
betuext and the term of martimess next to come and to take and add the soum to #
the locher underwritten to be payed by the sd Thomas Barron taking the burden upon his #
for his sd sister Elizabeth the soum of three hundereth merks scots money making in hail #
the soume of seven hundereth merks money forsaid and to wear #
Imploy and bestow the same upon houses lands or @rent and to take the rights and #
securities therof in favers of himself and his fuller spoues the longest liver of them #
tuo in conjunct fie & and lifrent and to the children to be procreat be- #
-tuext them in fie whilk feleazeing on third part of the sd soum of #
Seven hundereth merks to be disposed of all the pleasur of the first decea- #
sser he or she and the other two pararts to the surviver their hairs #
exers or asigness and how oft the sd soum beis uplifted the sd William #
Waacker binds & and oblidges him his hair and successers aas oft #
of new again to Imploy the samen to the effect above writen and #
[..]ever lands heritages tenements good gear of oyers the sd #
William Waacker shall happen to conquise or suceed to dureing #

William Walker
Elizabeth Barron
Thomas Barron

Page 2; Marriage-contract_Wm-Walker-&-Eliz-Barron_P2_300dpiTranscription of Page 2;

And whatever lands heritages tenements goods gear or oyers the sd William #
Waacker shall happen to conquise or suceed to dureing the sd marriage #
He binds and oblidges him and his fore[sd] to take the rights and seccuriets yr of #
to himself and his fuller spous the longest lived of them two in lifrent #
and to the children of the marraige in fie whillks felleazeing on thrid #
part therof to the pleasure of the first deceaser & the other two #
to the surviver their hairs exer or asaigness.

For the which causes on the other part the sd Thomas Barron hereby binds #
and obledges himself to contend and pay to the sd William Waacker or Elizab- #
-eth his fuller spous the soum of three hundred merks scots money & that #
betuixt the date hereof and the term of martimess next to come in name #
of locher with his sister and for more seccurity both and all parties consents #
to the registration hearof in the books of counsell and sesion or any oyer #
Judges books comelent within this Kingdom to have the strength of ane #
decreet Enerponed thereto that letters of horning on six day warning #
and others needfull may pass hereon in form as effairs and constituts #

     Their presence in wittness hereof both the sd parties #
have subscrived their with their hands (writen by James Barron brother #
to [ye] sd Elizabeth upon stampt paeper befor both place day moneth and #
year of god above written befor these wittnesses, John Lieshman in #
Craigie, James Waacker in Corstorphin rige, Thomas Honis- #
-sun in Douphington, Thomas Harde in West Craiges, John #
Barron wright in Portsbrugh, James Barron writer hereof #

William Walker
Elizabeth Barron
Thomas Barron

John Lishman, witt
James Waker, witnes
Thomas Honison, witness
Tho Hardie, witness
John Barron, witness
James Barron, witness

Notes;

Terms used in the text;

  • solemnize;     http://www.thefreedictionary.com/solemnized
  • Scots Merk; =14 shillings (originally 13s 4d, or ⅔ of a Scottish pound). For more details, see Wikipedia, or TheReformation.info.
  • martimess = Martinmass; see Wikipedia
  • oyers ? (I’m not sure what is meant here!)
  • Waacker – the writer of the text clearly mis-spells the Walker surname repeatedly. It is “Walker” because that’s how William Walker signs himself on both pages.
  • wright; probably a carpenter, a worker of wood – Wikipedia.

Locations;

NLS - Armstrong map 1773 - Kershall & GogarI believe that “Carshall” (named at the beginning of the document) lay N.W. of Gogar Mains, on the south side of Gogar Burn – about where the carpark of Edinburgh airport now sits!). Old maps from the National Library of Scotland use several different spellings, including; Kersshall, Kershall, Claywalls, & Clay Was. Parish registers of the time record Thomas Barron as a “tenant in Clay-walls”.

NLS - Thomson Atlas 1832 - Puncheon-law & KirklistonLikewise “Punchunla” appears on these old maps with several different spellings – the most regular (I believe) being “Punchinlaw” or “Puncheonlaw”. It lay on the south side of the road which runs N.E. out of Kirkliston towards Cramond and Dalmeny. It appears to have been part of the Carlowrie estate.

“Douphington” (which I believe is Dolphington) and Craigie lay further up the same road as Puncheonlaw. On the maps they appear due north of Carshall/Kershall.

West Craiges (or West Craigs) lays East of Gogar, towards Corstorphine village.

“Corstorphin rige” (or Corstorphine Rigg”) lay north of East Craigs, and west of Clermiston.

Portsbrugh; probably Portsburgh – the area of central Edinburgh, south of the castle – Wikipedia.

Witnesses;

Thomas, James, & John Barron are Elizabeth Barron’s brothers. I’ve not found out anything else about James or John! But from Corstorphine parish registers (which I’ve viewed on microfilm, and from IGI transcriptions) I have details of Thomas Barron, “tenant in Claywalls”, marring Anne Bartholomew (or Bartleman) on 17th February 1727, and having 5 children christened between 1729 and 1744.

James Walker in Corstorphine – I don’t know where he fits in! He is presumably a relative of William Walker – most likely a brother! I am aware of a well recorded Walker family living in the Corstorphine area, dating back to the early 1600’s (I obtained details from a visit to the Corstorphine Heritage Centre in 2008). (Also see HERE). I suspect there is a link here somewhere! I have just found a transcribed record HERE of James Walker in Corstorphine Rigg, married to Isabel Dowie, with a son, John, chr.19/12/1730. A number of other records of these names appear to show their marriage in Cramond in Nov. 1729, and a number of children christened in several different parishes.

John Lieshman in Craigie – I don’t know if he’s a relative. The envelope labeled “Old Wills etc. of the Walker family” also contains the Disposition of John Lishman, and the “Discharges” by his heirs in response (which I will post to the site later). William Walker appears to have been John Lishman’s executor. The surname “Leshman” appears in a family tree of “Walkers in Corstorphine”, so John Lieshman might be a cousin of William Walker!

Thomas Harde in West Craiges – When I googled “Baron family Gogar” I found this publication in Google Books. Originally published in 1890, “Some Old Families”, by Hardy Bertram McCall contains a chapter on the Hardie family (p.51), including Thomas Hardie “tenant of West Craigs” (who is a witness in the document, above). Thomas Hardie grew up at Gogar Mains, and his mother was a “Janet Baron” (shown in a Baron family tree in Some Old Families, p.53). So although its not shown in McCall’s tree, it looks highly likely to me that Thomas Hardie would be a cousin of Elizabeth Barron.

Thomas Honison in Dolphington – I have no other details about him! The surname may be mis-spelt!

I would be really interested in any other information that anyone may have about the people mentioned above, particularly if it can prove (or disprove) any family relationships to William Walker and Elizabeth Barron. Please leave a comment below, or use the Contact Page to get in touch.

Currently William Walker is my earliest known ancestor in the direct male line (my 5x Great-Grandfather – see HERE ), and I’d love to have more evidence for my assumption that Elizabeth is related to the Baron family recorded by Hardy Bertram McCall in “Some Old Families”.

OLIPHANT papers – I, Robert OLIPHANT

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.

Closely connected to this document is Robert Oliphant’s “Trust Disposition and Settlement”.

OLIPHANT papers; envelope 2; document 5;

Front page; front pageTranscription of front page;

I Rob Oliphant, ship owner #
of Kirkcaldy, considering the un- #
-certainty of this Life & the propriety #
of settling my affairs so as to [prevent] #
dispute amongst my children #
after my death. Have valued all #
my Heritable & moveable property. #
which I hereby [Dispone] and Convey #
as follows first that my spouse #
Janet Oliphant [shall be] [liferented] #
in my [Heritable] property which #
[she is] […] in [this] 29 Dec 1825. & #
to [enjoy] all her [] lifetime & [to …] #
[rent] of [same]. also [the] [liferent] of #
[all] [my] [Household] furniture #
[silver] [plate] [x..] [x..]. also to be paid #
also a sum of £500 […] #
out of my [moveable] property [twenty] #
[appropriate] [for] [the] [purpose] –

Page 2; page-2Transcription of page 2;

pounds a year – every year during her #
life time – this annuity to be paid – The moveable property con- #
-sisting partly of [shipping] & money amounts #
to about Twenty eight hundred pounds #
I wish to be divided equally share & #
share alike amongst my children #
[…] Henry – William – Rob. – & George #
Christian – Mary & Janet Oliphant #
& should any of my sons wish to have #
their share on the shipping they may #
have it on my trustees [fixing] the value #
of [same] [at] the time [this] [takes] [place] – #
There is a sum of about Five hundred #
pounds [excluding] of the above £2800 for #
the twenty pounds a year for my wife #
Janet Oliphant

Page 3; page-3

Transcription of page 3;

[It is] [this] day [contracted] [&] formaly agreed on #
between Rob Oliphant shipowner in #
Kirkcaldy & His spouce Janet Oliphant #
who has at [present] [seven] Children alive #
(of their marriage which [took] place the #
5 Janu 1797) […] Henry, William, Rob, #
& George – sons Christian, Mary & Janet #
Oliphant. That in consideration of the [uncertainty] #
of this life & that no difference may [take] [place] #
[with] […] Children at either of our Deaths. #
we have this […] mutually valued our Property #
which is the whole Heritable & moveable #
amount to — £4800 – #

that Having [duly] [considered] [all] the [matter]. I [have] #
[life…]. my spouce Janet Oliphant in my #
Heritable property. [valued] at £1500 which #
she is […] [&] to [enjoy] Her life – also to [be] #
[paid] £400 – [all of] [my] moveable property which #
is to be [in] Her disposal [&] to be [divided] [on] her [death] #  
to my Children. equally […] […] […]

Page 4; page-4

Transcription of page 4;

[most] […] after the above […] [there] #
[will] remain about – £2800 – Which #
I [wish] to be [divided] amongst my […] #
Children when of age – & [at] the #
Death of their mother. [the] [heritable] #
Property [valued] [at] £1500 – [to be] #
divided equally – […] them to pay #
[each] of [their] [sisters] […] £200 #
[each] – [I] […] [this] […] [&] #
[…] [on] my trustees Mr John [Prack] #
G.Dougall – G.Oliphant – Hy.[Barker] #
[&] [my] [oldest] […] Hy.Oliphant