OLIPHANT papers – receipt for church repairs, January 1830

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 2; document 10;

Front; Transcription of front;

[…] & Receipt [copy]
[…] in the Church
£3, 15, 2.
paid 14th Jan’y 1830

Reverse; Transcription of reverse;

£3, 15, –
Kirkcaldy, 14 January 1830
Received from Mr Rob’t Oliphant […] the sum of #
Three pounds fifteen Shillings [Its] being his proportion of #
the [expence] of Repairing the lower part of Kirkcaldy #
Church [offering] to […] No.50 By order of the #
Committee [of] proprietors –
[…] Andrew Galloway
William Marshall

 

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

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 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 – Proprietors of the East half of Big House on Head of the Harbour

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

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There is a similar document, dated 15th November 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.

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

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

OLIPHANT papers; envelope 2; document 7;

Cover; Transcription of cover;

[aut] […] with
the Proprietors of the
East half of [Big]
[House] [on] Head of the
Harbour
[Settled] 6th May
1823 –

Inside – full page; Being such a large double sheet, I’ll break it down into the two sides, and a separate transcription piece for the text across the full width at the bottom of the sheet.

Inside, left page; Transcription of inside, left page;

[..] The Proprietors of East half of the Big House in […] with Rob’t {Oliphant …} #
1816
April 6th; To paid pavement per acco’t; £2-1s-“d
Aug; (to paid) repairing Chimney; £1-11s-6d
1817
Jan’y 1; (to paid) (ditto) Sea Wall / [Bonttrons]; £”-18s-6d
1818; 1/2 acco’t for repairing roof; £1-9s-3d
1820; 1/2 Arch Simpsons acco’t; £1-2s-6d
[…]; 1/2 [Bonttrons] acco’t for sea wall; £”-18s-“d / £7-19s-9d
1822
June; 1/2 And’w [N..ls] acco’t for paving; £6-6s-“d
(ditto); deal ends […] re[paring] floor; £”-7s-6d
Oct 25th; 1/2 expense repairing [sea] wall; £”-9s-8 1/2d
(ditto); 1/2 (ditto) [causwaying] [strand]; £”-4s-6d
(ditto); Town […] @ 2/11 per for [6] [years]; £”-17s-6d
(ditto); Geo Beveridge acco’t repairs on roofs; £2-5s-1 1/2d / £10-6s-4d
£18-6-0

1823
May 6th; [to] […] […] the Proprietors of #
[Big] [House] [by] Rob’t Oliphant — £65-16s-“d
£84,,2s,

To Geo Oliphant 1/4 share – £16-9s-“d
To Mary Oliphant 1/4 share – £16-9s-“d
To Henry Tod [heir to] his mother {Christian Oliphant} – £16-9s-“d
to Rob’t Oliphant 1/4 share – £16-9s-“d

(total); £65-16s-“d

Inside, right page;

Transcription of inside, right page;

{… Rob’t} Oliphant for his Intromissions #
1817
Jan’y 27th; [By] Rece’d from Mr Tod rent for [1] year;
1818; from Whitsunday 1815 to [do] 1817, 1 year; £6-“-“
Oct 12th 1819; (ditto) 1816 to 1817, 1 year; £6-“-“
Nov 9th 1820; (ditto) 1817 to 1818, 1 year; £6-“-“
Oct 17th 1822; (ditto) 1818 to 1819, 1 year; £6-“-“
June; (ditto) 1819 to 1822, 3 year; £18-“-“
-.-.- / £42-“-“

1819
April 1st # 1820; By rent from Mrs Thomson for 3 Years #
£2-10s; from Whitsunday 1816 to (ditto) 1819; £7-10s-“d
May 16 1821; By rent from Mrs Thomson #
from Whitsunday 1819 @ 1820; £2-10s-“d
Aug’t 15th 1822; (ditto) rent from Whitsunday 1820 – 1821; £2-10s-“d
June 15th; (ditto) (ditto) 1821 – 1822; £2-10s-“d
-.-.- / £15-“-“

1817
June 2nd; By [interest] from Mrs [Easson] [..] £10; £1-2s-“d
1819
July 5th; (ditto) (ditto) (ditto); £1-2-“
(ditto) [rece’d] (ditto) part of principal; £2-“-“ / £4-4s-“d
1820
Nov 15th; ” [rece’d] from John Mayes to […]; £2-“-“
1821
Oct 24th; (ditto) (ditto) (ditto) 1 Years #
rent from Martinmas 1814 @ 1815; £6-“-“
(ditto) [rece’d] from John Mayes to [acc’t] of rent; £2-“-“ / £10-“-“
[rece’d] rent from A Williamson for #
[Cellar] from Nov 15th 1815 to (ditto) 1822 #
7 Years @ 30s per year; £10-10s-“d / £10-10s-“d
£81-14s-“d

1820
May 18th; By [cash] from Mrs [Easson] 1 Years [int…]
on £8 @ 5 [per cent]; £”-8s-“
Cash part of principal; £2-“-“ / £2-8s-“d
£84-2s-“d

1823
May 6th; By [ballance] [brogh down]
[brogh] [down] — £65-16s-“d

Transcription of bottom of page – full width;

Kirkcaldy, 6th May 1823 settled the above account # & the Ballance of £16-9 due each of the above # [Partners] was this day paid them this day by # Rob’t Oliphant which is in [full] of all [unto] as # above [stated] to this date –
George Oliphant
Alex’r Williamson
Rob’t Oliphant
Henry Tod

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; Transcription 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; Transcription 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;

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;

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

OLIPHANT papers – letter from Mr DOUGALL, to Betty 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 other documents (with notes) relating to George Dougall and Betty Baxter HERE and HERE.

OLIPHANT papers; envelope 2; document 4;

Cover; Transcription of cover;

Miss Betty Baxter

Letter
Mr Dougall
to
Betty Baxter

Letter; Transcription of letter;

Kirkaldy, 27 Sept 1821
Betty
The [inclosed] is a copy of Deed of Settlement
in favor of my dear Eliza & in which I have also
made [provision] for you – the [original] [paper] is
inclosed in a tin box which is [left] [in] [possess-]
[-ion] of Mr Robert Oliphant and this copy was
with myself.
As this paper will only come to you
in the [event] of my death my request to you
is that you pay all the [care] & [attention] in
your [power] to my dear little darling Eliza
and let her want nothing that can tend to her
comfort while she is along with you
George Dougall

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

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.

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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 – Settlement of George BARKER – in favour of 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 Jan2016version
There is also an Outline and a Report of George BARKER’s descendants (up to 4 generations).

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

OLIPHANT papers; envelope 2; document 2;

Cover;

Transcription of cover;

Copy
Settlement
George Barker
In favour of
His Grandchildren
1784
8th October 1789 [prod… &]
registered […] John
Philp & John Malcom
Baillies. David Anderson
[…]
Booked

Inside (top of page);Transcription of inside (top of page);

Know all men by these present, 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 moveables Do therefore give Grant assign and dispone one #
third part of my whole moveable and [per]sonal estate [G]oods and […] [Debts] and sums of #
money ([…] moveables and […] cloths included) that shall belong and be [resting] to me #
at my death to and in favour of the children equally of my daughter Mary with William #
Oliphant shipmaster in Kirkcaldy both now deceased the names of said children being #
Christian, Robert, George, and Mary Oliphant, and another third part of my said #
moveable and personal estate to and in favour of George, Thomas, and David Dougall #
equally being the children of my other daughter Agnes with George Dougall #
Shipmaster in Kirkcaldy both also now deceased, and the remaining third part of #
my said moveable and personal estate to and in favour of Christian and Janet #
Oliphant equally being the children of my other and youngest daughter now #
deceased with Henry Oliphant, Shipmaster in Kirkcaldy. [In…agating] and […] #
my said [several] Grandchildren above named in my [full] [sight] title and [place] of the #
[premesses] and [nominate] and [appoint] them to be my Executors according to the above #
dicision Dispensing with the [generality] of these presents and [admitting] the […] to #
be as [solid] and [effectual] as if my whole moveable subjects household furniture and #
debts had been specially moved herein and [I de..] and appoint [that] before any [division] #
of the funds hereby assigned take place by [virtue] hereof my death bed and funeral #
expences and all my debts shall be satisfied and paid as [well] as the sum of thirty #
pounds sterling to Agnes Bett […] in Kirkcaldy which I bequeath to her #

Inside (bottom of page);

Transcription of inside (bottom of page);

for good […] [payable] within six months after my decease and also a debt of forty #
pounds Sterling and interest thereof from the [fifteenth] of […] Seventeen hundred and #
Twenty six [till] payment being money borrowed by me from my daughter Mrs Dougall #
and I gave […] [or] thoer [Voucher] And the remainder of my said moveable funds to be #
divided by a three part division in terms hereof. And in regard [that] during the #
lifetime of my said daughter Mary I advanced her and her husband William #
Oliphant to the extent of One Hundred and eleven pounds Sterling therefore and #
in order to make the Children of my daughter Agnes equal I give up and discharge #
in favour of the said three Children of my daughter Agnes a [debt] of [two thousand] #
[Merks] which I paid for them to the heirs of Robert [White] [Mariner] in Kirkcaldy [conform] #
to an [assignation] in my favour dated the [third] and sixth days of February [Seventeen] #
hundred and [Twenty] two Years which I order to be delivered up to my said three Grand- #
-children and I having claims upon my other daughter and Henry Oliphant to the [extent] #
of One hundred and Sixty four pounds Sterling which I [compute] to be [fifty] five #
pounds more than I have given my other two daughters or their families therefore and #
to make an equality I […] the share of my moveables falling to the share of #
the Children of the said Henry Oliphant [&] with the payment of the said [fifty] #
five pounds Sterling One half thereof to be paid to the Children of George Dougall #
and the other half to the Children of William Oliphant and I appoint that #
the said debt […] by me from Mrs Dougall and interest thereof shall #
be paid out of my funds [without] any [conformation] to her Children equally #
declaring that I have no other claims upon my said daughters their husbands #
or families then what is above specified and settled by these [presents] [Res…ing] #

Will Drysdale, witness
Will Michie, witness
John Barker, witness

(signed) George Barker

Back page; Transcription of back page;

always to me not only my life rent of the subjects hereby conveyed but also full and absolute #
power over the same and to use and dispose thereupon as effectually as if these [presents] #
had not been granted and I [dispensed] with the not delivery hereof in my own #
lifetime and declare the same to be as [valid] and effectuall as if delivered and a #
good deed [altho] found lying by me or in the custody of a [neutral] person at my death #
any laws or practice to the contrary [nor] with standing and I hereby appoint the said #
Henry Oliphant to be Tutor and Curator not only to his own two Daughters but #
also to the Children of his said Brother William Oliphant for managing the #
subjects hereby assigned to them declaring he shall not be liable for [Amissions] but #
also (for) his (actual) [Intebmissions]. Consenting to the registration hereof in the [Banks] #
of Council and Session [burrous] [court] Books of Kirkcaldy or others competent #
for [preservation] and therets I constitute. #

My [Procurators] in witness whereof these presents (written #
on stamped paper by William Drysdale town clerk of Kirkcaldy) are subscribed #
by me at Kirkcaldy the eight day of May One Thousand Seven hundred and #
eighty four years before these witnesses; William Michie, taylor in Kirkcaldy #
John Barker, apprentice to the said William Drysdale, and the said William #
Drysdale.

signed

William Drysdale, witness
William Michie, witness
John Barker, witness

(signed) George Barker

.

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;

Transcription of cover;

Betty [or] Elizabeth BAXER

Inside – attached certificate;

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;

Transcription of side 1;

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

Inside – side 2;

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]

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;

Transcription of cover;

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

Page 1;

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; 

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; 

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; 

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; 

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; 

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; 

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;

• “seisin” (p.3); Wikipedia.org/Seisin
• Martinmas” and “Whitsunday”; Wikipedia.org/Scottish_term_days
• “intromittors” (p.5); Wiktionary.org/intromittor
• “intromissions” (p.5); TheLawDictionary.org/intromission &
  Wikipedia.org/Vicious_intromission
• “infeft” (p.  & 5); Collinsdictionary.com/infeft

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.

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] –