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 – 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