Tag Archives: Trustee

Old WALKER papers – Lease of Kilpunt – 1884

This is one in a series of blog post about some old papers of the WALKER family, from Kirkliston, West Lothian, Scotland. You can see a list of the papers that have been posted onto AFamilyHistoryBlog HERE.

IMG_7620-edThis document is a lease agreement (or “Tack”), dated 12th and 13th May 1884, made between the Earl of Hopetoun, John Adrian Louis Hope (landlord), and my paternal Gt-Gt-Grandmother, Margaret Johnston (or Walker) (tenant), for the farm at Kilpunt, Kirkliston, Mid Lothian, following the death of Margaret’s husband, James Walker, in 1881.

James Walker and Margaret Johnston (both born in 1818) had married at Bathgate, West Lothian, in February 1847. James had lived at Kilpunt from at least that date (if not earlier!). The Walker family appears to have been farming the land at Kilpunt since earlier in the 1800’s, having combined it with the neighbouring farm of Hiddlefaulds, where they had lived since 1745.

No doubt, after James Walker’s death, much of the day-to-day farm work would have been done by his son (my Gt-Grandfather), Thomas George Walker, who is a signed witness to the lease, and who inherited the lease when Margaret died in 1890.

Recently, while I was transcribing this document, I came across a document on-line, dated 1888 (so within the duration of this lease), where the Earl of Hopetoun leased land at Kilpunt for a railway line. This puts into context the need in this agreement for clauses about roads, railways, canals, etc. See that pdf document HERE. Note the map on page 6 of that PDF file. The route of the railway runs right through the site of Hiddlefaulds farm, where the Walker family had lived for around 100 years before moving into Kilpunt farmhouse in the 1840’s. The 25 inch Ordnance Survey maps available through the National Libruary of Scotland, show Hiddlefaulds on a map surveyed in 1893, but the railway in its place on a revised map of 1895.

Please click on the images below to view at full resolution. Transcribed text appears in a Maroon colour below each image. At the bottom I’ve made some notes about the document.

Cover; IMG_9644-bTranscription of cover;

Tenants copy
Lease
between
The Earl of Hopetoun
and
Mrs Margaret Johnston or Walker
Of the Farm of Kilpunt

Dated 12th and 13th May 1884

Entry Martinmas ———– 1880
Duration ——————- 19 (Yrs)
Expiry Martinmas ———- 1899

Rent £ 565 – 2s – 6d

Page 1; IMG_9643Transcription of page 1;

Stamps;

FIVE SHILLINGS
SCOTLAND 16/05/84 (1884)
DUPLICATE OR COUNTERPART
ORIGIONAL STAMPED WITH
THREE POUNDS
SCOTLAND 26/05/84 (1884)

Text;

It is Contracted and Agreed between The Right Honorable John Adrian Louis, Earl of Hopetoun, heritable proprietor of the Lands and others aftermentioned on the one part, and Mrs Margaret Johnston or Walker, residing at Kilpunt, Widow of the late James Walker, farmer there on the other part, Considering that the said James Walker at the time of his death on sixth May Eighteen hundred and eighty-one had arranged with the said Earl of Hopetoun for a renewal of his tenancy of the farm of Kilpunt for Nineteen years from the term of Martinmass Eighteen hundred and eighty – And that although the new Lease proposed for said period was prepared and sent to him about the time of his death, that event took place before the Lease was completed and [executed] – And that by Mutual General Disposition and Settlement between and executed by the said James Walker and the said Mrs Margaret Johnston or Walker, dated fifth August Eighteen hundred and forty seven, and recorded in the Books of Council and Session, twenty-first May Eighteen hundred and eighty one, the said James Walker made over to the said Mrs Margaret Johnston or Walker everything he should die possessed of and that in virtue thereof she has, as the ^said deceased’s heir of provision and with the concurrence of the Trustee on his Sequestrated Estate and of the said Earl of Hopetoun, between carrying on the Farm since her husband’s death and is [desirous] that said Lease should be made out and completed in her name; Therefore the said Earl of Hopetoun has Set and in consideration of the Yearly Rent and other Conditions aftermentioned hereby Lets to the said Mrs Margaret Johnston or Walker, and her heirs, whether of line or provision but always without division and excluding Assignees legal or conventional, and sub-Tenants of every description All and Whole the said farm of Kilpunt in the Parish of Kirkliston, and County of Linlithgow as at present possessed by the said Mrs Margaret Johnston or Walker, and extending in all to Two hundred and fifty-three Acres, three hundred and eighty decimal parts of an acre or thereby Imperial Measure, which extents without being warranted shall for the purposes of this Lease be held to be correct; And that for Nineteen Years from and after the said term of Martinmas Eighteen hundred and eighty, which is hereby declared to have been the term of Entry under this Lease; With and under this express condition that if the said Mrs Margaret Johnston or Walker or Heirs succeeding to this Lease become Bankrupt by virtue of the Bankrupt Laws or execute a Trust Conveyance of her or his property for behoof of her or his Creditors or allow one year’s Rent to run into arrear and sequestration therefor to be awarded then and in every such case this Lease shall at the Proprietor’s option be null and void and he shall have right to assume possession of the Premises and the said Margaret Johnston or Walker obliges herself and her aforesaid to renounce possession and consents that Summary Diligence pass for removing herself or Heirs therefrom and that without prejudice to all legal remedies competent under the Act of Sederunt Seventeen hundred and fifty-six or otherwise. But declaring that the termination of this Lease under any of the foregoing conditions shall not import an acquittance or discharge of the obligation on the Tenant or her foresaids for Rent or additional Rent incurred previous to the time that she or they shall be required to remove from the subjects hereby Let. Nor shall any acquittance or discharge of any Rent or additional Rent due by the said Tenant or her foresaids under this Lease import a discharge or abandonment of any right to terminate this Lease under any of the foregoing conditions unless expressly discharged, it being hereby declared that it shall be in the power of the said Proprietor or his heirs and assignees to enforce any of the conditions herein written at any period unless he or they shall have expressly discharged them. And the said Proprietor binds himself and his foresaids to expend the Sum of Three hundred and fifty pounds Sterling in further improving the – Buildings and fences of said Farm – it being declared that this outlay shall be made at the sight and under &

J Hopetoun
Margaret Walker

Page 2; IMG_9642
Transcription of page 2;

Page Second

under the direction of the Factor to the said Proprietor – (the said Sum of Three hundred and fifty pounds with the sum of Two hundred and fifty pounds already so expended making together Six hundred pounds the Sum agreed to be so expended under the arrangements with the said deceased James Walker) Reserving always to the (said) proprietor and his foresaids from the subjects hereby Let as follows videlicet Reserving always the whole Mines, Metals, Minerals, and fossils, Coal, Marl, Clay, Gravel, Sand, Sandstone, Limestone, and Slate Quarries, on the subjects hereby Let with full power to search for, [worle], win, smelt, burn and manufacture, and to carry off the same and to sink pits, form levels, make Roads, Railroads, Canals, erect Buildings and Machinery, and carry on all works within the subjects hereby let which they may think proper and to resume the land they may think necessary for these purposes. Reserving also full power at all times to take off land from any part or parts of the subjects hereby Let for the purpose of planting or for the purpose of [fencing] or letting on Building Leases or for making, altering or widening Roads or for making Railroads or Canals or pieces of water Declaring that the Proprietor or his foresaids shall be bound always to keep properly enclosed any lands resumed for any of these purposes, at his own expense, and that the said Ten:ant shall receive for any land so resumed an abatement from the Rent in the proportion that the extent of Ground resumed [be as to] the extent of the whole subjects hereby Let. And also shall receive payment of the value of any crop which may be growing on, or unexhausted manure in the ground when resumed as the same shall be ascertained by arbitration. Reserving also to the Proprietor and his foresaids all the Woodlands and Grass in the Plantations, and all Plantations, Woods and Trees whatsoever now or that may hereafter be upon the subjects hereby Let with liberty to prune, cut and carry away the same, and to replant the land from which the same may be taken, the Tenant being indemnified only in the event of these operations occasioning damage to any growing crop, but not otherwise, as the same shall be ascertained by arbitration. And reserving also to the Proprietor and to those to whom he may give authority the use of all the existing roads on the subjects hereby Let. And reserving also power to make such additional communication Gates in the fences as they may think fit they being bound to uphold the same. Reserving also to the Proprietor, with the exception of the Tenant’s Right to kill Ground Game under the provisions of the Ground Game Act, Eighteen Hundred and Eighty, the whole Game with power to the Proprietor or those whom he may authorise to shoot, hunt, or sport, the Tenant being bound to preserve all Game from all others and to turn off all intruders Reserving also power to straighten Marches and excamb Lands with the neighbouring Proprietors and Tenants and also to make new Drains or Levels for water, the damage sustained by the Tenant in such operations being settled by arbitration, and for payment of which the proprietor shall be liable. Reserving also power at all times to enter upon the subjects hereby Let to ascertain how far the Tenant has fulfilled the obligations undertaken by her under the Reservations and Conditions contained in these presents and also if the Houses, Fences, Gates, or Drains should fall into disrepair reserving power to the Proprietor to put the same into proper order, and charge the Tenant with the expenses thereof unless she execute such repairs within one month after being required by written notice. Which Tack the said Proprietor under the Reservations and Conditions before and after mentioned binds and obliges himself his Heirs and Successors to warrant to the said Mrs Margaret Johnston or Walker, and her Heirs at all hands For which causes and on the other part, the said Mrs Margaret Johnston or Walker obliges herself and her Heirs, Executors, and Successors, to pay to the said John Adrian Louis, Earl of Hopetoun, and his Heirs and Assignees, or to his or their Commissioners, Factors, or Chamberlains, in their name, at their respective residences within the County of Linlithgow yearly, the money Rent following namely the sum of Five Hundred and Sixty-five Pounds, Two Shillings and Sixpence. Declaring that  &

J Hopetoun
Margaret Walker

Page 3; IMG_9641
Transcription of page 3;

Page Third

that the said Rent shall be payable at two terms in the year Martinmas and Whitsunday as follows at the term of Martinmas yearly the sum of Two hundred and eighty two Pounds, Eleven shillings and Threepence and at the term of Whitsunday yearly the balance of the said Rent, beginning the first terms payment at Martinmas in the year Eighteen Hundred and Eighty-one, and the next term’s payment at WhitSunday Eighteen Hundred and Eighty two in full of the first year’s Rent for crop and year Eighteen Hun:dred and Eighty one, and so forth yearly and termly thereafter during the whole years of this Lease (except in so far as already paid) with a fifth part more of each term’s Rent of liquidate penalty in case of failure and the legal interest of each term’s Rent from the respective terms of payment during the non-payment thereof. But notwithstanding the terms of payment before specified to pay the whole Rents which shall be due for their possession of the subjects hereby Let at or previous to the term of Martinmass Eighteen Hundred and Ninety-nine at which term this Lease expires. And further to keep and maintain one Hound or Pointer or other Dog when required by the Proprietor or his – Factor without any allowance therefor. And further to pay all Public and Parochial Burdens payable by Tenants by law. And further to pay at the rate of Six and one half per centum per annum upon all outlay by the said Proprietor upon the subjects hereby Let which the said Tenant may ask and the said Proprietor agree to after the date of these presents (the foresaid sums of Three hundred and fifty pounds and Two hundred and fifty pounds excepted), and also to perform all carriages free of charge connected there with or connected with the Houses and Buildings presently erected or hereafter to be erected on the subjects hereby Let both which stipulations as to interest and carriages shall be understood in all cases whether expressed or not. And further to make good to the Proprietor his foresaids any loss or damage by Fire to the whole or any of the Houses and Buildings now or hereafter to be erected on the subjects hereby Let and for further security thereof the Tenant binds and obliges herself and her foresaids at their own expense to keep always insured in name of the Proprietor and Tenant or their respective foresaids for their respective rights and interests the said whole Houses and Buildings pre:sently erected or hereafter to be erected on the subjects hereby Let against loss or damage by Fire to the extent of three-fourths of their value, and also to keep at all times insured as aforesaid against loss by Fire the whole Crop and Stocking of the said Farm to the extent of their full value all as the same may be ascertained from time to time by arbitration, and these in one of the Established Fire Insurance Offices and to exhibit to the said Proprietor or his foresaids or to his or their Factor at the term of Martinmas yearly when the first portion of each year’s Rent is payable, Receipts for the payment of the premium due at that term of Martinmas yearly for the said several Insurances for the Twelve months succeeding. Declaring that the said Proprietor or his foresaids shall if so inclined have power to make the said Insurances to be effected in name of the Proprietor and Tenant or their respective foresaids, as said is and that the said Tenant or her foresaids shall in that event be bound to repay yearly to the said Proprietor and his foresaids the annual Premium for said Insurances at said term of Martinmas yearly and that the first sums paid by the said Tenant or her foresaids at or after the said term of Martinmas yearly shall be held to be applied in repayment of the said Insurances even although the Receipt or Receipts granted therefor shall bear that the money was paid to account of Rent. And further the Tenant, subject to the expenditure of the foresaid sum of Three hundred and fifty pounds yet to be made by the Proprietor, accepts the Houses and Fences as being in a good and tenantable state. Moreover the said Tenant obliges herself to maintain and leave in a good and tenantable condition the whole Houses, Drains, and Watercourses, Fences and Gates now on or hereafter to be erected on said Farm, except such as the Proprietor has herein before become bound to keep up and maintain and also the Proprietor paying one-half of the cost of repairing Fences bounding the &

J Hopetoun
Margaret Walker

Page 4; IMG_9640
Transcription of page 4;

Page Fourth.

the Plantations and maintaining at his sole expense the Fences surrounding the land which may be resumed as aforesaid. Further the Tenant binds herself to preserve and protect the whole trees now growing on the subjects hereby Let or which may be hereafter planted, and if she fail to do so she – binds herself to pay the damage which may be incurred by her fault or negligence as the same – shall be ascertained by arbitration. And further the Tenant binds and obliges herself to accept of such Lands as may be received under an excambion provided such Lands lie contiguous to the Farm and in like manner the Tenant obliges herself to give up any Lands which may be given away in an excambion leaving all questions as to deductions or increase of Rent arising out of such changes to be settled by arbitration. And further the said Tenant binds and obliges herself to reside on the subjects hereby Let, and in the event of her death the Heir of the said Lease Shall constantly reside on the subjects hereby Let. And further the said Tenant binds and obliges herself to make no alterations on the Houses and Buildings hereby Let to her without the – leave in writing of the said Proprietor or his Factor for the time being. And with regard to the cultivation and Management of the said farm the Tenant binds and obliges herself and her foresaids to cultivate and manage it according to the rules of good husbandry and to maintain the lands in a clean and fertile condition. And particularly without prejudice to these general conditions that not more than two fifth parts of the arable lands of the said farm shall be in anyone year in White Crops declaring that Peas or Beans (except Beans properly manured with twenty tons of farm yard manure per acre, drill sown and laboured as greencrop) and Turnip Seed and […] shall in all cases be counted as part of the acreage under White Crops in any year, that not less than one fifth part of the arable lands shall be in any one year in Pasture Grass and shall be in whole fields and not in separate or detached portions of fields that not more than one-fifth part of the arable lands shall be in any one year cut for Hay that all lands that shall be in any one year in Summer Fallow or Turnips or Potatoes or other Green Crop shall be in that year well and sufficiently manured and in order thereto that not less than one-half of the lands that shall be in Summer Fallow, Turnips, or Potatoes, or other Green Crop in any year shall be – manured in that year with not less than twenty-five tons of well-rotted farmyard dung per Imperial acre and should any portion of the remaining half of the said lands have a smaller quantity than the twenty-five tons of well rotted farm-yard dung per Imperial acre applied to it the deficiency shall be made up by an application of City Manure or of approved Artificial Manures at a cost of Four Pounds Ten Shillings per acre in value of said City or Artificial Manures to be applied to each acre of the said remain:ing half of the lands in proportion to the deficiency in the quantity of farm-yard manure applied. Declaring that at the termination of this Lease no part of the said farm shall be left in Summer Fallow the – Proprietor declining to pay for Summer Fallow that in the last year of this Lease the Proprietor or Incoming Tenant shall have power to sow Grass Seed in such parts of the lands as have been in Summer Fallow or in Green Crops in the preceding year provided the same be sown along with the Spring Crop or within eight days thereafter, or if with the Wheat Crop not later than the month of April and in order thereto the Tenant in possession hereby binds herself (and her foresaids) to give six days notice in writing to the Proprietor or Incoming Tenant before beginning to sow her last Spring Crop and failing their or either of them sowing the Grass Seeds as aforesaid the said Tenant in possession hereby binds herself to do so with ten pounds of good White and Red Clover Seed and one bushel and half a bushel of Perennial Rye Grass Seed to the Imperial acre or with such kinds and quantities of Clover and Grass Seed as the Pro:praetor or Incoming Tenant may direct and for the cost of which Seed and for the sowing allenarly she shall be paid as the value thereof shall be ascertained by arbitration and in either event the said Tenant in possession shall be bound to harrow and roll in the same, in a proper manner without – charge &

J Hopetoun
Margaret Walker

Page 5; IMG_9639
Transcription of page 5;

Page Fifth.

charge, and further shall be bound not to cut or pasture with stock of any kind or otherwise injure the lands so sown down after the last Crop has been reaped. And further the whole Dung or Manure produced on the farm shall be annually applied to the lands hereby Let and expressly in the last year of this Lease the whole Dung made on the farm previous to Whitsunday of the said last year shall be applied to the lands hereby let. And further the Tenant shall leave to the Landlord or Incoming Tenant the Dung made after the term of Whitsunday in the said last year of this Lease for which she shall be paid one-half its value as the same may be ascertained by arbitration. And it is expressly stipulated that if the Tenant depart from these regulations she and her foresaids shall pay the sum of Ten Pounds Sterling of additional Rent for each acre treated or cropped differently from the mode before specified and that at the time when the Rent of the year is paid with like penalty and interest on failure which additional Rent – shall not be considered as penal but pactional the Proprietor permitting such deviations for this additional Rent. And further the said Tenant binds herself to deliver to the Proprietor or his Factor when asked a statement signed and certified by her showing the number of acres of the whole lands hereby Let with the apportionment in any year of said acreage into White Crops, Hay, Green Crops, or Fallow and Pasture. Moreover the said Mrs Margaret Johnston or Walker obliges herself and her foresaids to remove from the said farm at the expiration of this Tack without warning or process of removal, or otherwise to pay the sum of Ten Pounds Sterling of Rent per acre for each years possession thereafter and proportionately for a shorter period at the times and with penalty and interest as before mentioned and also to perform the whole other conditions in this Tack. And whereas several references are herein made to arbitration the parties oblige themselves in such cases to enter into submission to some one person of skill mutually chosen as arbiter and failing an agreement as to the choice of an arbiter the parties agree to refer the choice of an arbiter to the Sheriff of the County of Linlithgow, and it shall not be competent to bring the decision of the arbiter under revision in any Court whatever. And the said parties oblige themselves and their foresaids to Implement this Tack to each other under the penalty of Four Hundred Pounds Sterling to be paid by the party failing to the party performing or willing to perform over and above performance. And they consent to the – Registration hereof for preservation and execution. In Witness Whereof these presents written on this and the four preceding pages of paper to be duly stamped by William Lyon Mackenzie, Clerk to James Hope, Writer to the Signet, are, together with a duplicate hereof subscribed by the said Margaret Johnston or Walker, at Kilpunt aforesaid, the twelth day of May Eighteen hundred and eighty-four before these witnesses; James Law, Farmer, East Mains, Broxburn, and Thomas George Walker, residing at Kilpunt aforesaid; and by the said Earl of Hopetoun at Edinburgh the thirteenth day of said – month of May, and year last mentioned, before these Witnesses; William Lennox, Clerk to the said James Hope, and the said William Lyon Mackenzie.

William Lennox, witness
W.L. MacKenzie, witness
Tho. G Walker, witness
Robert G Keir, witness
James Law, witness
Tho. G Walker, witness

J Hopetoun
Margaret Walker

Notes;

John Adrian Louis Hope was the 7th Earl of Hopetoun, and 1st Marquess of Linlithgow.

Terms used in the text;

  • “Act of Sederunt”; in Scots law – see Wikipedia.
  • “allenarly”; meaning “solely”, or “only” – see Wiktionary.
  • “excamb”/”excambion”; in Scots law, excambion is the exchange of land – see Wikipedia.
  • “Factor”; a property manager or estate manager – see Wikipedia.
  • “Martinmas” & “Whitsunday”; Scottish term days – see Wikipedia
  • “Tack”; a lease agreement – see http://www.dsl.ac.uk/entry/snd/tack_n2
  • “videlicet”; meaning “namely”, “that is to say”, or “as follows” – see Wikipedia.

The Walker family;

  • James WALKER, b. 24/01/1818, at Hiddlefaulds, Kirkliston, the son of John Walker & Isobel Neil. d. 06/05/1881, at Kilpunt. Married; 23/02/1847, at Bathgate, to;
  • Margaret JOHNSTON, b. btw. Apr & Sept 1818, daughter of John Johnston & Margaret Young. d. 15/09/1890 (see the JOHNSTON family tree HERE).

Their children;

  • John Johnston WALKER, b. 21/01/1848, d. 19/11/1891, in New Zealand (no issue).
  • Margaret Young WALKER, b. 19/10/1849 (twin), d. 13/5/1891 (no issue).
  • James WALKER, b. 19/10/1849 (twin), d. 4/5/1851 (at 18 months).
  • Isabella Neil WALKER, b. 03/05/1852, d. 08/11/1916, m. 07/06/1894 – Thomas ALLAN (no issue).
  • Jemima Janet WALKER, b. 30 Mar 1854, d. 24/12/1892 (no issue).
  • Mary WALKER, b. 09/02/1856, d. 25/6/1903, m. John BRASH (1 daughter).
  • Thomas George WALKER, b. 04/03/1858, d. 19/10/1951, m. 19/06/1894 – Helen Black CADZOW (7 children)
  • Elizabeth Barron WALKER, b. 07/10/1860, d. 14/10/1882 (no issue).
env-back_Walker-family-dobs_300dpi
A back of an envelope note of date of James Walker & Margaret Johnston’s wedding, and DoB of their children, written (I suspect) by their son – Thomas George Walker.

For futher details see A history of the WALKER family.

env-cover_to-TG-Walker_31-12-1891_300dpi
Front of the envelope, addressed to Thomas George Walker, at Kilpunt. Postmarked 31st December 1891.

 

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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; coverTranscription of cover;

Copy of Discharge
granted by –
Christian Oliphant
Janet Oliphant
Rob’t Oliphant
Geo Beveridge
28th [Feb] [1821]

Page 1; page-1_edTranscription 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; page-2_edTranscription 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; page-3_edTranscription 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; page-4_edTranscription 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); page-5_inside-coverTranscription 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;

OLIPHANT papers – I, Robert OLIPHANT

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

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

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

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

OLIPHANT papers; envelope 2; document 5;

Front page; front pageTranscription of front page;

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

Page 2; page-2Transcription of page 2;

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

Page 3; page-3

Transcription of page 3;

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

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

Page 4; page-4

Transcription of page 4;

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

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.

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

This is one of several documents relating to the estate of Henry Oliphant.

OLIPHANT papers; envelope 2; document 3;

Memo;3]_letter-re-Henry-Oliphant

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 – 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;