Tag Archives: merchant

OLIPHANT papers – Agreement between the tutors of John Aitken, and Christian Barker

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

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

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

Christian Barker [b.1741] (daughter of George Barker [b.1705]) was married 1st to Thomas Aitken [m.1763], then to Henry Oliphant [m.1766]. Her 1st son, John Aitken [b.1764] appears to have died prior to this document. Christian and Henry had 2 sons (who both died in childhood) and 2 daughters. After Christian Barker’s death in 1777, Henry Oliphant remarried and had another 8 children.

OLIPHANT papers; envelope 2; document 9;

Cover; coverTranscription of cover;

the tutors of John Aitken
Christian Barker
and her Husband
Dated – 1768
Reg’ – 17th Dec 1769

Page 1;


Transcription of page 1;

(True copy) (first Page)
At Kirkcaldy the Seventh day of December One thousand #
Seven hundred and Sixty nine years In presence of Thomas #
Dougall and David Robertson present Baillies of Kirkcaldy #
sitting in Judgment in an [fin..] court [Compeared] #
George Douglass and George Robb Writers their as #
Procurators for the parties after named and given in #
the agreement under written. Desiring the same #
might be [insert] and [registrat] in the [Burrow] Court Books #
of the said burgh therein to remain for preservation #
conform to the clause of registration therein contained #
Which Desire the said Baillies found reasonable and #
ordained the same to be done accordingly and whereof #
the [tenor] follows. The Parties underwritten […] #
Andrew Inglis of Easter Bouhill Merchant in #
Kirkcaldy, George Barker shipmaster there, James #
Beveridge weaver in Links, John Sleans junior weaver #
in Kirkcaldy, Andrew Alexander sometime Merchant in #
Falkland now in Kirkcaldy and William Aitken #
merchant there Tutors Nominated by the now deceased #
Thomas Aitken merchant in Kirkcaldy to John Aitken #
his only child also now deceased (any three of these tutors #
being a quorum) On the one part and Christian #
Barker sometime spouse to the said Thomas Aitken #
and mothor to the said John Aitken, now spouse to Henry #
Oliphant shipmaster in Kirkcaldy with consent of her #
sad Husband and the said Henry Oliphant for himself #
and as taking burden on him for his said spouse On the #
other part Have agreed in manner following that is #
to say Whereas the said Thomas Aitken by his Disposition #
dated the twelth day of July Seventeen hundred #
and Sixty five and [registrate] in the [Burrow] Court Books #
of Kirkcaldy the Sixteenth day of September year forsaid #
granted and Disponed to the said John Aitken his only Son #
and child his whole heritable ##### and moveable #
subjects with the burden of paying to the said #
Christian Barker his spouse One hundred pounds #
(signed) Will: Drysdale, clerk

Page 2; page-2_ed

Transcription of page 2;

(second page)
Sterling money out of the first and readiest of his moveable #
means and effects at the first term of Martinmass or Whitsunday #
after the death ot the said Thomas Aitken and also paying to #
her during all the days of her lifetime the legal interest of #
One third part of his whole moveable goods and [year] #
Debts and sums of money that should belong and be #
resting unto me at the time of his death, the above #
One hundred pounds Sterling being understood to make #
part thereof and the interest of that sum a part of #
her third and he hereby appointed the said persons #
Tutors and Curators for the said Child as the said #
Disposition more fully bears That the said Thomas #
Aitken having died in the month of September, Seventeen #
hundred and Sixty five several disputes arose betwext #
the said Tutors for behalf of their pupil and the said #
Christian Barker with [respect] to the extent of the #
said Thomas Aitken’s moveable effects and debts an #
to the [Commencement] of her life rent of the […] #
thereof and the [Baurd] wages to be paid her for [their] #
said pupil and the said Tutors having frequently #
met with the said Christian Barker and the said #
Henry Oliphant now her husband concerning #
these and other disputes did settle the [sum.] as #
underwritten In the first place it is hereby agreed #
that the sum of Six hundred pounds Sterling #
money inclusive of the said One hundred pounds #
Sterling payable to the said Christian Barker is #
the capital stock out of which her life rent is to #
be paid and of course that the sum of Two hundred #
pounds Sterling is the [ground] from which her #
life rent arises and that the legal interest of One #
hundred pounds is the sum to be paid her during #
her life. The One hundred pounds being her #
own property in terms of the said Thomas Aitken’s #
Disposition and already paid to her and discharged #
and it is hereby agreed that the said Christian #
Barker’s life rent of the said One hundred #
pounds Sterling should commence at the term of #
Will: Drysdale, clerk

Page 3; page-3_edTranscription of page 3;

(third page)
Whitsunday Seventeen hundred and Sixty seven and shall #
be paid to her or her Assignees at the term of Whitsunday #
yearly during her lifetime out of the moveable effects #
and debts which belonged to the said Thomas Aitken #
and it is hereby further agreed that their shall #
be paid out of the said Thomas Aitken’s effects to the #
said Christian Barker and her said Husband #
the sum of Sixteen pounds Sterling money in full of #
the pupil’s board [wages] during the space he lived with #
the said Christian Barker and the said parties having #
nothing further to claim of one another with respect #
to the affairs of the said Thomas Aitken. They therefore #
mutually discharge each other their heirs [.] of all #
intromissions which they or either of them had with #
the effects of the said Thomas Aitken or which the one #
can lay to the charge of the other bygone preceeding #
the […] hereof and the said parties consent to #
the registration hereof in the Books of Council #
and Session [Burrow] court Books of Kirkcaldy #
or others competent for preservation and if necessary #
to receive execution thereon in form as effects and #
thereto they constitute George Douglass and George #
Robb writers in Kirkcaldy their [Brors] [..] In #
witness whereof these presents wrote by George #
Douglass, apprentice to William Drysdale, town #
clerk of Kirkcaldy upon Stamped paper are #
Inscribed by the said parties at Kirkliston the Thirteenth #
day of June One Thousand seven hundred and #
Sixty eight years before these witnesses the #
said William Drysdale and George Douglass #
both before design[ed] (signed) A.Inglis, George #
Barker, Will.Aitken, And.Alexander, Henry #
Oliphant, James Beveridge, John [Sleans], #
Christian Barker, Will: Drysdale, witness #
George Dougall, witness, Extracted upon #
this and the two preceeding pages By #
Will Drysdale

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 #

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]