Tag Archives: Oliphant papers

OLIPHANT papers – Trust Disposition and Settlement by 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.

The “Robert OLIPHANT” who is writing here, and his wife Janet OLIPHANT, are my 4x gt-grandparents. Their daughter, Mary, married Robert HUTCHISON.

There is a closely connected document, by Robert Oliphant, HERE.

OLIPHANT papers; envelope 1; document 7;

Cover; cover2

Transcription of cover;

Trust Disposition and Settlement by Rob[ert] OLIPHANT, in favour of …

Page 1; R-Oliphant_dispo_page1_ed

Transcription of page 1;

Know all Men by these Presents that I # Robert Oliphant, shipowner in Kirkcaldy considering the # uncertainty of this life and the propriety of settling my # affairs so as to prevent disputes at my death amongst my # children have [resolved] to grant these [presents] in [manner] # under written. Therefore and for the love favour and # affection which I have and [bean] to my children [afternamed] # and designed and in consideration of the confidence # which I have in the Trustees after named and designed # I have given Granted and disponed like as I hereby with # and under the provisions and declarations after expressed # hereby give grant dispone assign and convey to and in # Favour of […] John Pratt, manufacturer, [Links], Alex[ander] Forsyth, # writer, Edinburgh, Geo[rge] Beveridge, [wood] merchant, Geo[rge] Oliphant, shipowner, [&] # Wm (William) Williamson ship[…]. and to such other person or persons as they shall # assume into this Trust in [virtue] of the powers herein # after committed to them and to the survivors or # survivor of them accepting the major part of them # alive and accepting being always a quorum. But # declaring that the said Trustees shall act jointly so # long as no other person is assumed into this Trust # as Trustees for the ends uses and purposes aftermentioned. #

All […] and heritages now belonging or which shall # hereafter belong to me with the […] […] and # evidences there of conceived in favour of me, my authors, # and predecessors and all that has followed or is [competent] # to follow thereon; As also all debts and sums of money # due and owing to me or which may be resting [owing] # to me at the time of my decease by bond, bill or # in any other manner of way with the [whole] vouchers # and instructions thereof and all that has or can follow # thereon with my whole shipping and moveable # property of whatever description the same may be # and particularly without prejudice to the foresaid # generality. All and Haill these Tenements of land # with houses and buildings erected thereon as […] # occupied ~

Page 2;  R-Oliphant_dispo_page2_ed

Transcription of page 2;

occupied by myself Bounded with the high street # on the South, the lands which belonged to Baillie # James Williamson thereafter to Alexander Gray on # the west, the lands formerly pertaining to the Sailors # Poor Box of Kirkaldy on the East and North parts # thereof. Also all and Haill these Roads of land # lying within the burgh of Kirkcaldy and parish thereof # now occupied by myself Bounded with the lands # belonging to Alex[ander] Ingrams heirs on the east, the # lands of David Landale on the West, St Mary’s # Well on the North, and the yard belonging to George # Davie and a yard formerly belonging to Mr Ferguson # of Raith now to myself [per] Desposition dated the # Twenty ninth day of October, Eighteen hundred and # twenty four, on the South parts thereof. Also all # and Haill that piece of enclosed ground commonly # called the coal yard, Bounded by the highstreet # on the south, the Roads of land afore mentioned # belonging to myself on the North, David # Landale’s property on the west and George # Davies property on the east parts thereof # acquired by me from Robert Ferguson Esq of Raith # and now occupied by myself. Also my right # of that entry leading to David Landale’s property # and my own which is mutual per his # letter dated the fourteenth January, Eighteen # hundred and Seventeen, Together with # all right Title and interest claim of # right property and [possession] which I my # authors and predecessors, heirs and successors # had have or any ways can have claim # or [pretend] to the said several subjects # and …

Page 3;  R-Oliphant_dispo_page3_ed

Transcription of page 3;

… and others in time coming But always with # and under the [burden] of the life rent right # use and [possession] to Janet Oliphant my wife of that # part of the said subjects in which she stands in [left] # in life rent conform to Instrument of Seisin [&] dated # the twenty ninth and recorded in the Burgh # Records of Kirkcaldy the Thirty first day of # December, Eighteen hundred and Twenty # one years. Declaring as it hereby expressly # provided for and declared that my said trustees # shall [be] [bound] as by [acceptation] here of they # bind and oblige themselves within Six # months after my youngest son shall be a # Major or … … years of age to divide my # whole property, heritable and moveable # hereby disponed amongst my children # [viz] the said Henry Oliphant my eldest son # William, Robert, and George Oliphant my # other sons and Mary and Janet Oliphant # my daughters amongst them share and # share alike equally and in the event of # my said children differing about the division # [so] to be made. Then and in that case my # said Trustees shall sell and dispose of # my whole heritable and moveable property # and divide its free proceeds among my said # children in like manner after deduction of # all necessary expences and in the event of any # of my said children [predeceasing] me their # nearest and lawfull heirs and assignees # shall succeed to the share or shares of my said # property which would otherwise have # […] upon them. And also declaring # that my said children shall pay the said # Janet Oliphant – their mother a [fee] # yearly …

Page 4;  R-Oliphant_dispo_page4_ed

Transcription of page 4;

… yearly annuity of £150 Pounds Stirling per annum # during all the days of her lifetime by equal portions # and shall secure the same heritably if required # by her so to do and over and above the life rent of the # subject in which she is already [in.e.t] as aforesaid # and the life rent of my whole household furniture # Books bed and table linen and household # [furnishing] which shall pertain to me at the time # of my decease begining the first terms payment # thereof at the first [term] of Martinmas or Whitsunday # after my decease for the [forsaid] [betwext] my death and # that term and the next terms payment thereof at # Martinmas or Whitsunday thereafter for the half # year preceding with the legal [interest] thereof # and a fifth part more of each terms payment of # liquidate penalty in case of failure and so on half # yearly [during] all the years of the said Janet Oliphant’s life # time. And moreover I hereby empower my trustees # or the survivors or survivor of them or quorum of them # to sell and dispone of the whole or any part # of the subjects as [shall] heritable as moveable # hereby conveyed to them and that either by # private sale or public sale and for that purpose # to execute articles of [route] or minutes of private # sale and thereafter to make grant subscribe # and deliver dispositions and convey [all …] to the # purchaser or purchasers and other writs # necessary containing all usual and necessary # clauses [binding] me, my heirs and successors in # absolute [mar..an dice] of [such] sales as also to # take and receive from such purchaser or purchasers # such securities for payment of the price or prices # and to appoint such terms of payment thereof # as they shall think proper and to uplift and # discharge the said prices or produce of my said # effects …

Page 5;  R-Oliphant_dispo_page5_ed

Transcription of page 5;

… effects Declaring that the purchasers shall be no […] # concerned with the application of the prices that be # fully [exonered] by the simple discharge of my said # Trustees and I hereby authorise and empower my # said Trustees or survivors or survivor or quorum of # them to assume any person or persons as Trustees to # be joined with themselves in the management # of the affairs hereby committed to their care Declaring # that the said Trustees so to be assumed shall have the # same powers and privileges vested in them as are hereby # vested in the Trustees before named. Further I hereby # nominate and appoint the said Trustees my sale # executors and universal […tors] and [intromittors] # with my effects [debarring] all others there from And # Lastly I hereby declare that my said Trustees shall # not be liable for omissions but each for his own # actual intromissions only In which heritable # objects above conveyed I bind and oblige # myself and foresaids to Infeft and seise the said # Trustees and the survivors of survivor of them or their # assignees and that by Resignation as aforementioned # and for that purpose I hereby make and Constitute #

and each of them jointly and [severally] any lawful # and irrevocable procurators for me and in my name # to compear before the Provost or anyone of the Bailies # of the Burgh of Kirkaldy for the time being and [those] # with all due reverence and humility by staff and # Batton as use is to Resign and Surrender like [as] # I hereby resign and surrender up give over give and # deliver – All and Haill the foresaid [tenements] # of land and others laying within the Burgh # of Kirkaldy and [particularly] above described # In the hands of the said Provost or any one of the said # Baillies as in the hands of his Majesty immediate # lawful …

Page 6;  R-Oliphant_dispo_page6_ed

Transcription of page 6;

… lawful [superior] there of. In favour and for [new] # [inseston..t] of the same to be made given and granted # to my said Trustees or to the survivors or survivor of them # or their assignees heritably and [irredeemably] in such # and competent form as effeirs But in Trust # a [livays] and with and under the declarations and prove- # -sions and for the ends uses and purposes herein mentioned.

Acts Instruments and Documents in the premises # to ask and take and [generally] every other thing […] # the same to do that I could do myself if personally # present or which [to] the of procuratory in such # cases is known to belong and pertain [promitten] [derato] # which tenements of land and others above disponed # with this right and disposition thereto and [Ins.stments] # to follow [here on] I Bind myself and foresaids to # [warrant] to my said Disponees and their foresaids at # all hands and against all mortals Moreover I # hereby assign any said Disponees and their foresaids # In and to the Rents [Maills] and Duties of the # said subjects from and after the time of my decease # and [voidents] rights titles and securities of the said # subjects with all that has [followed] or is [com-] # [-petent] to follow thereupon for ever which # assignation above written I Bind and oblige # myself and foresaids to [warrant] to my said # Disponees and their foresaids In so far as # concerns the rents from fact and deed only. # [Reserving] a [livays] my liferent right use # and possession of the whole property heritable # and moveable hereby conveyed with power # to alter innovate or cancel these presents # in whole or in part at any time I shall # think proper  And declaring…

Page 7;  R-Oliphant_dispo_page7

Transcription of page 7;

that any of my Children above named [giving] to # law or endeavouring to set aside or reduce # these presents upon any grounds or pretence # whatever shall be cut off with Five pounds # Sterling which my said Trustees are # hereby instructed to pay over to him her or # them in full of all they can ask or claim in # and through my [decease] Consenting to # the registration here of in the Books of Council # Session or other competent for preservation # and thereto Constitute my procurators.

In [witness] whereof these presents written upon # this and the six preceding pages of paper # by my son the said Henry Oliphant are # subscribed by me at Kirkcaldy this …

Some notes on terms used in the text;

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

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.

PDF-logo 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;  note-cover

Inside; note-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 – “Dear Brother” letter

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.

OLIPHANT papers; envelope 1; document 5;

This is a short letter, with no date, on one side of a single side of paper, thought I suspect that there may have been more to the letter on additional sheets which are missing!

Letter; 5_Dear-Brother_letter

Transcription;

Dear Brother
I have read your letter of the 2nd [inst]
which I have [shown] to [our sister] Mrs
Oliphant and she & I have [consulted] with
our husbands on the subject […].

Me certainly thinks that the [sums]
[destine] for [me] by [our] father’s settlement
are [much] [less] than [we] were entitled
to [expect]. And therefore [before] dealing
[out] [r……] whether we will […]
[approve] [of] them, we are advised that
it [will] be [proper for] us to see a state
of [our] father’s affairs [as] they stood
at our mother’s death and [……]
at his own death. This state we
request you will have the goodness
to make up as accurately as you can
and [furnish] us with your earliest
convienience. Mr Oliphant, who
joins me in best wishes yo you, sees &
approves of this letter as […] […]
[sent…] as well as those of [……]

OLIPHANT papers – Proprietors of […] East half of [Big] House on the Head of the Harbour

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.

There is a similar document, dated 6th May 1823, HERE.

The beneficiaries of these accounts appear to be the sons and sons-in-law of William Oliphant; b.abt. 1728 or 1738 (there is some confusion about William’s DoB in the secondary sources I’ve seen!). I attach a Tree, and a Report of William Oliphant’s closest descendants as .pdf files.

PDF-logoWilliam OLIPHANT (b.abt.1728) descendants Tree – Jan.2016 version.

William OLIPHANT (b.abt.1728) descendants Report – Jan.2016 version.

OLIPHANT papers; envelope 1; document 4;

Cover; cover1

Transcription of cover;

[…?…]
with the Proprietors
of [..] East half
of [Big] House
on the Head of the
Harbour –
Settled 15th Nov 1823

inside (double page); inside-full_ed

Transcription of inside (across top of the sheet);

[…] the [proprietors] of the East Half of the [Big] House sold & paid for at this date to [Major] James [Cumming], George [Malcolme], [Alan] [Thomson], of Kirkcaldy [this] 14th Nov 1823

Transcription of inside (left page);

1823

Nov 14th [to] [paid] [……] ; £.. – 10s –  ..d ; —- . —- . —-
[Birds] and [party] ; £1 –   2s –   3d ; —- . —- . —-
[Towns] […] ; £.. –  2s – 11d ; —- . —- . —-

———————————-
; £1 – 15s – 2d ; —- . —- . —-

to [Ballance] [due] the [Proprietors] ; £364  –    –    –    – ; —- . —- . —-
——————–                           .
; £365 – 15s – 2d ; —- . —- . —-
==================================

Nov 15th 1823

To George Oliphant; 1/4 share ; £91 – – – – ; —- . —- . —-
Alexander Williamson; 1/4 ” ; £91 – – – – ; —- . —- . —-
to Henry Tod, heir to his                                                                                    .
mother Christian Oliphant; 1/4 share ; £91 – – – – ; —- . —- . —-
To [R..] Oliphant; 1/4 share ; £91 – – – – ; —- . —- . —-
====== – – – ; £364 – – – –

Transcription of inside (right page);

1823

Nov 14th [by] […] of [proceeds] of [east] half of [Big] House
[as] [..] […] [..] ——- ; £351 – 10s –  2d ; £351 – 10s –  2d
=============                                 .
[By] [rent] [due] [from] [Henry] [Tod]                                                                 .
from [Whitsunday] 1822 to                                                                  .
[Martimas] 1823 – 1 1/2 [years] [at] £6 – ;     £9 –   –   –   –  ;   —-  .   —-  .   —-
Mrs Thomson [rent] half a year                                                                 .
up to [the] […] ——- ;     £1 –  5s –   –  ;   —-  .   —-  .   —-
A. Williamson [Rent] of [cellar]                                                                  .
[from] Martinmas [of] 1822 to [this] […] ;   £1 –  10s –  –  ;   —-  .   —-  .   —-
Mrs Thomson rent for one                                                                  .
year to Whitsunday 1823 […]                                                                  .
[…] […] settlement ——- ;   £2 – 10s –  –  ;   —-  .   —-  .   —-

————– ; £14  –  5s  –    –   –
===============
£365 –  15s –    2d
===============

Nov 15th By [Ballance] [brought] [down] ——- ; £364 –   –   –  –

By paid Alex[ander] Williamson ;  £91 –  –  –  –  ;  —- . —- . —-

By paid Henry Tod ——- ;  £91 –  –  –  –  ;  —- . —- . —-

Transcription of inside (across bottom of the sheet);

Kirkcaldy 15th Nov 1823 […?…] the above all [own if] the Balance of £91. [due each] of the above [Partners];

paid them;

Rob[ert] Oliphant,
George Oliphant,

Henry Tod, to my mother,
Alex[ander] Williamson.

Note; a summary of the terms “Whitsunday” and “Martinmas” can be found on Wikipedia <HERE>

OLIPHANT papers – the late Mr Henry OLIPHANT; Property

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.

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

OLIPHANT papers; envelope 1; document 3;

Cover; cover

Transcription of cover;

The late
Mr Henry
Oliphant
Property

Inside; inside

Contents of inside page;

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

OLIPHANT papers – Disposition of George BARKER; to his grandchildren; 1784

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.

Here is a family tree of George BARKER, his daughters, and grandchildren;
George BARKER descendants tree Jan2016versionGeorge BARKER descendants tree Jan2016version
There is also an Outline and a Report of George BARKER’s descendants (up to 4 generations).

George BARKER’s Settlement (of the same date) is HERE.

OLIPHANT papers; envelope 1; document 2;

Cover; G-Barker_cover

Transcription of cover;

Disposition – George Barker – to His Children, 1784.

8th Oct 1789 [pro’] [registrate] – […] Robert Philp & – John Malcolm Baillies – David Anderson procurator

Booked

Page 1; G-Barker_page1

Transcription of page 1;

Know all men by these presents Me George Barker shipmaster in Kirkcaldy In order to prevent all disputes at my death am resolved to settle my affairs and make the following destination of my heritable subjects I hereby give grant & dispone to and in favours of George Thomas & David Dougall law- ful children procreate betw[.] the deceast George Dougall Shipmaster in Kirkcaldy and Agnes Barker his spouse my daughter also deceast equally among them and their heirs and assignees heritably & irredeemably all and [H]aill that tenement of land and yard there to belonging lately purchased by me from William Oliphant lying within the burgh of Kirkcaldy at the head of the new harbour and on the south side of the high street bounded betw[..] the lands of the heirs of Walter McRay on the east, the lands of the heirs of William Gray on the west, the sea flood on the south and the said high street on the north parts as also all and [H]aill that tenement of land purchased by me from Francis Beveridge laying in the said town of Kirkcaldy in the pans there of on the south side of the street bounded with the high street and void ground on the east and west, the sea flood on the south and the high street on the north parts thereof, as also my just and equal half of all an[d] [H]aill that tenement of land yard and pertinents acquired by my decease[ed brother and me from Elizabeth Barker lying in the town of Kirkcaldy in the [hans] thereof and north side of the street bounded with the tenement of Thomas Brown’s heirs on the west, the tenement of David La[ui]gs heirs on the east, the [Imutow] lands on the north and high street on the south parts and also all and [H]aill that peice of void ground purchased by me from Margaret Beuters spouse to Theodore Lyall weaver in Kirkcaldy upon which I have since built houses lying in the said town of Kirkcaldy on the south side of the street bounded with void ground on the east, the sea flood on the south, a [vennal] on the west, and high street on the north parts. And I give grant and disponer to and in favours of Christian, Robert, George & Mary Oliphant lawful children procreate bet[..] William Oliphant shipmaster in Kirkcaldy & Mary Barker my daughter his spouse both now deceast equally among them and their heirs and assignees heritably and irredeemably the just and equal [E]aster half of all and [H]aill that larger tenement of land high and laigh back and fore lying in the said town of Kirkcaldy on the south side of the street purchased by me from Mr Patrick Ross bounded by the house of James Meldroms heirs on the west, an common vennal on the east, the sea flood on …

Page 2; G-Barker_page2

Transcription of page 2;

… on the south & high street on the north parts as also the just and equal half of my just and equal half of all and [H]aill these two tenements of land of a long time ruinous with inner and outer yards all now turned into one entire yard inclosed on all sides and having a south dyke in place of the fare wall of the ruinous tenements being purchased from John Paterson of Kirkcaldy by my brother John and me lying in the said town of Kirkcaldy on the north side of the street bounded with the tenement & yard of Provost Kays heirs on the east, the lands of the Prime Gilt box on the west, [Initow] lands on the north and the high street on the south parts. And I give grant and dispone to and in favours of Christian & Janet Oliphant lawful children procreate bet[..] Henry Oliphant shipmaster in Kirkcaldy and the now deceast Christian Barker his spouse my third and youngest daughter and their heirs and assignees heritably and irredeemably the just and equal wester half of all and [H]aill the said larger tenement of land high and laigh back and fore lying and bounded as said is as also the other just and equal half of my just and equal half of all & [H]aill the sail two tenements of land now ruinous & inner and outer yards all now turned into one yard lying & bounded as said is. In the which several subjects above dispoued I bind and oblige me my heirs and successors to infeft and [s]eige my said grandchildren [m]ore saids for their differ- ent interests upon their own expences and that by resignation as after mentioned to be holden in free burgage Royal for payment of the burrow maills & service of burgh used and wout and for accomplishing of the said infeftment I hereby make & constitute

and each

of them jointly and severally my procurators for me and in my name purely and simply by staff & bastone to resign like as I hereby resign surrender and deliver the whole of the foregoing different & respective subjects all lying and bounded in manners above written which are here held as repeated in the hands of the Provost or any one of the Baillies of Kirkcaldy as in the hands of his majesty immediate lawful superior thereof in favors and for new infeftment of the same to be made given & granted to my said several grandchildren above named & their forsaids according to their several interests & proportions above specified which are also here held as repeated and that in such due and competent form as [effeirs] acts instruments and documents one or more in the pre[..]ifses to ask lift and raise & generally every other thing …

Page 3;  G-Barker_page3

Transcription of page 3;

… thing thereanent to do that I could do myself being personally present on which to the office of procuratory in such cases is known by law to appertain from ittew derate In like manner I hereby assign and make over to & in favors of my several grandchildren above named and their foresaids not only the whole rents mails and dutys that shall be due & resting at my death of the several subjects hereby disponed to them in manner above specified But also the respective writes & evident of & concerning the said subjects disponed and whole clauses therein contained with all that has followed or may follow on these writes surrogating & substituting my said several grandchildren & their foresaids in my full right title & place of the [premises] with power on my death to intro[milt] with uplift & discharge their rents & duties of the said several subjects above disponed & assigned [pursue] therefore as well as for implement & recovery of the said writes as accor[.] and in general to do every other thing there [a neut] as effectually as I could have done before granting these presents Reserving always to me not only my liferent of the whole subjects hereby disponed But also full power over the same and to do therewith as fully & effectually as if these presents had never been granted Dispensing with the not delivery of these presents in my own lifetime and declare the same a sufficient evident altho’ found lying by me or in the custody of any neutral person at my death any law or practice to the contrary notwithstanding and I hereby appoint the said Henry Oliphant to be tutor & [beurator] not only to his own children but also to the said children of his brother William for managing the subjects hereby disponed to them Declaring that he shall not be liable for omifsions but only for his actual intromission… Consenting to the Registration hereof in the Books of Councill & …. Burrow Court Books of Kirkcaldy or others competent for preservation and thereto constitutes

My Procurators In witness whereof these presents… consisting of this & the three preceeding pages of stamped paper (writte… by John Barker apprentice to William Drysdale Clerk of Kirkcaldy) are subscribed by me at Kirkcaldy the Eight day of # May One thousand seven hundred & Eighty four years Before # these witnesses; William Michie, taylor in Kirkcaldy, and the # said William Drysdale and John Barker ~

(signed) Wille: Drysdale, witness
(signed) William Michie, witness
(signed) John Barker, witness

(signed) George Barker

 

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

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.

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;  cover_Jn-Peal_Apr1799
Transcription of cover;

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

Enclosed letter by John PEAL;  cover-letter_Apr1799

Transcription of letter;

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

——————————————–

Edin[burgh] , 6th April 1789

Dear Sir,
~   I duly received your’s of the 3rd [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;  page-1_ed

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;  page-2_ed

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;  page-3_ed

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;  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”).

OLIPHANT papers – receipt bundle

This post contains the details of a bundle of 35 receipts, dated 1843, that are part of one of two envelopes of old documents relating to the OLIPHANTs of Kirkcaldy in Fife.

To see my index of the other documents in these envelopes, please CLICK HERE.

There are 35 receipts;
Most are dated 1843.
Most are billed to Mrs Oliphant.
They are listed here in the order in which they were found bundled.

(Click on the receipt images to view as slide shows at a larger scale. To exit a slide show, click the “X” in the top left corner.)

  1. Paid 31st July 1843; £ -/2/- ; to John [Skinner?]
  2. dated 24th October 1843; £3/18/4 ; to Alex McLean
  3. dated 1843; £ -/8/- ; to Robert Hutchison & Co.
  4. dated 1843; £ -/12/6 ½ ; to Mr Thomson
  5. dated 1843; £ -/11/2 ; to Jacob [Fawcett?]
  6. Paid 17th Oct 1843; £ -/14/6 ; to Robert Hutchison & Co.
  7. Paid 20th March 1843; £ 1/15/- ; to [Mrs?] Davie
  8. dated 5th Oct 1843; £ -/5/3 ; to The Fife Sentinel (newspaper)
  9. dated 1843; £ -/8/- ; to Mr Thomson
  10. dated 1843; £ -/6/6 ; to Mr A Strange
  11. dated 25th March 1843; £ 1/-/- ; to Kirkcaldy Burgh
  12. dated 1843; £ 2/17/5 ; to Tho. Dryburgh re “Assessed Taxes”
  13. dated 19th July 1843; £ -/3/6 ; to Mr Morton
  14. paid 3rd July 1843; £ 1/6/3 ; to Kirkcaldy China Store
  15. paid 7th July 1843; £6/10/- ; to Allardice & Sclanders
  16. paid 11th July 1843; £-/4/7 ; to J & J Baxter, Glass Cutters
  17. paid 26th Sept 1843; £-/14/11 ; to George Hepburn, Grocer
  18. paid 17th Oct 1843; £-/8/- ; to J Meldrum
  19. paid 3rd Jan 1843; £-/4/- ; to John Skinner
  20. 1843 [3 receipts]; £-/13/9 [total]; to James Steel, Haberdasher.
  21. paid 5th Dec 1843; £3/19/- ; to Andrew Fleming & Co.
  22. paid 17th July 1843; £3/5/1 ½ ; to Meldrum sisters
  23. paid 17th Feb 1843; £-/-/10 ; to John Anderson
  24. dated 1843; £-/11/5 ; to Alex Hutchison
  25. dated 1843; £-/7/6 ; to Alex Hutchison
  26. dated 1843; £-/8/7 ; to Alex Hutchison
  27. dated 1843; £1/10/- ; to Richard Smith
  28. paid 4th Jan 1843; £3/5/- ; to Alex Russell & Son
  29. paid 2nd Jan 1843; £-/15/4 ; to Robert Brownlee
  30. paid 9th Jan 1843; £-/11/6 ; to Miss Slate
  31. paid 9th Jan 1843; £2/5/4 ; to Miss Slate
  32. £-/18/4 ; to ?
  33. dated 1843; £-/16/5 ; to Alex Hutchison
  34. May 1842; £1/-/- ; Burgh Tax, Kirkcaldy
  35. May 1842; £2/17/5 ; Assessed Taxes

I’m adding my scanned images of these receipts as several small galleries (due to the number of images). For most of the receipts I have two images – front and back (labeled “a” & “b”). Click on any receipt image to view that gallery as a slide show at a larger scale. Fuller transcriptions of the receipts are included as captions to the images. From the slide show you can open full resolution views of the scanned images.

OLIPHANT papers index

Several years ago I looked through a bundle of old family papers from the 1700 & 1800’s relating to ancestors of mine; the OLIPHANTs of Kirkcaldy, in Fife, Scotland. There are two old brown paper envelopes, labeled “Oliphant papers”, each containing a number of documents, which I set to work on, cataloging, scanning, and beginning to transcribe them.

I will post the scanned images in future posts here, with some attempt to transcribe them; each document in its own post. Before that I’m posting (below) my basic index list of those documents. I will hyperlink from this index to the posts containing the scanned images once I post them.

In the following posts about these OLIPHANT papers, transcribed text (when available) will appear in a Maroon colour below each scanned image. I will use [square brackets] where I’m not totally sure of the original handwriting, but can make a good stab at interpreting it, or where I want to add a little extra, e.g. to expand on a handwritten abbreviation (so that everyone understands it).

[…] – means that I’m very unsure of the original word! So have a look at the original image, and let me know if you think that you can decipher it. :) Thanks.

# – (hash-tag) in my transcription indicates a change of line in the original text.

I aim to “tag” these posts with as many names as I can, of the people, places, etc, that appear in the original document. That should help to make these documents findable in search-engines by anyone who might be interested in their contents.

You will also see below this index, some notes I made about embossed marks that appear on many of the sheets of paper (but which do not show up in the scans!). I would be interested in whether anyone can tell me more about these markings.

The titles in the index are usually based on the first few words in the document.

Envelope 1;

  1. Document by John Peal, Edinburgh, 6th April 1799 [note 1]
  2. Disposition of George Barker; to his grandchildren, dated 8th May 1784
  3. the late Mr Henry Oliphant; Property [note 2]
  4. Proprietors of […] East Half, of [Big] House on the Head of the Harbour; settled 15th November 1823 [note 3]
  5. Dear Brother [short letter; no date; might be a missing second part!]
  6. Note of A. Anderson … at the Glasgow Bank; 1827 [note 4]
  7. Trust Disposition and Settlement by Robert Oliphant
  8. Mr Hy. Oliphant estate [note 5]
  9. Mr Baxter, Gary Street, Newington; 1825
  10. Betty or Elizabeth Baxter [note 6]

Some notes about the paper in Envelope 1;

  1. 2 sheets of paper both embossed ” 1816 “, and with a shield design (as for “W Cadell & Co” – see notes 3 & 6 ).
  2. Paper embossed ” 1808 “.
  3. Paper embossed; ” W CADELL & Co ,  1821 “, and with a shield design.
  4. Paper embossed ” 1824 “.
  5. Paper embossed; ” C WILMOTT & Co ,  1818 “.
  6. Paper embossed; ” W CADELL & Co ,  1821 “, and with a shield design.

Envelope 2;

  1. Bundle of 35 receipts; dated 1843
  2. Settlement by George Barker; in favour of his grandchildren; 8th May 1784 (copy) [note 1]
  3. Memo; re Henry Oliphant, by his settlement, 3rd Dec 1821 [note 2]
  4. Letter from Mr Dougall, to Betty Baxter, 27th Sept 1821 [note 3]
  5. I Robert Oliphant; dated 29th December 1825 [note 4]
  6. Andrew Ingram; Letter to Henry Oliphant; 13 January 1808
  7. Proprietors of the East half of Big House on Head of the Harbour; 6th May 1823 [note 5]
  8. Copy of Discharge, 28th Feb 1821 [note 6]
  9. Agreement between the tutors of John Aitken, and Christian Barker; 1768 [note 7]
  10. Receipt for church repairs; dated January 1830.

Notes about the paper in Envelope 2;

  1. Paper embossed ” 181? ” (possibly 1810?), and with a shield design (as for “W Cadell & Co”).
  2. Paper embossed with a shield design.
  3. Paper embossed; ” C WILMOTT  ,  1818 “.
  4. Paper embossed; ” J WHATMAN , TURKEY MILL , 1820 “.
  5. Paper embossed; ” T  ,  1821 “, and with a shield design.
  6. Paper embossed; ” 1821 “, and with a shield design.
  7. Paper embossed; ” 1816 “, and with a shield design.